WASHINGTON — Two officers at the Department of Homeland Security have been placed on leave and may face criminal charges after giving false reports about a migrant-involved shooting incident in Minnesota last month.
Immigration and Customs Enforcement Acting Director Todd Lyons said in a statement Friday the unidentified officers made “untruthful statements” under oath and had “been immediately placed on administrative leave pending the completion of a thorough internal investigation.”
“Upon conclusion of the investigation,” Lyons added, “the officers may face termination of employment, as well as potential criminal prosecution.”
The fabrications relate to an incident in which an officer shot a Venezuelan migrant in the leg on the night of Jan. 14 after a traffic stop and subsequent chase.
An initial account by DHS stated that the suspect “crashed into a parked car” and “then fled on foot.” After agents caught up with the subject, he “began to resist and violently assault the officer.”
A struggle ensued and two other migrants came out of a nearby apartment and tried to bludgeon the officers “with a snow shovel and broom handle,” which the original subject later got a hold of “and began striking” one of the officers.
“Fearing for his life and safety as he was being ambushed by three individuals, the officer fired a defensive shot to defend his life. The initial subject was hit in the leg,” DHS noted.
“All three subjects ran back into the apartment and barricaded themselves inside. The attacked officer and subject are both in the hospital. Both attackers are in custody.”
The attackers — Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis — were criminally charged Jan. 16 with assaulting and impeding law enforcement, but the DOJ withdrew its complaint against both on Thursday.
“Newly discovered evidence in this matter is materially inconsistent with the allegations in the Complaint Affidavit … as well as the preliminary-hearing testimony … that was based on information presented to the Affiant,” a prosecutor in the office of Minnesota US Attorney Daniel Rosen wrote.
“Accordingly, dismissal with prejudice will serve the interests of justice,” added Assistant US Attorney Syngen Kanassatega in the one-page filing.
Federal judges had previously ordered the release of the accused men pending trial over prosecutors’ objections.
On Friday, St. Paul Senior US District Judge Paul A. Magnuson ordered the charges against the men dismissed with prejudice, meaning the counts cannot be refiled.
“Lying under oath is a serious federal offense,” Lyons noted in his Friday statement. “The men and women of ICE are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct.”
“Violations of this sacred sworn oath will not be tolerated,” he added. “ICE remains fully committed to transparency, accountability, and the fair enforcement of our nation’s immigration laws.”
Brian D. Clark, a defense attorney who represented the men, said his clients were “overjoyed at this news.”
“The charges against them were based on lies by an ICE agent who recklessly shot into their home through a closed door,” Clark said.
“They are so happy justice is being served by the government’s request to dismiss all charges with prejudice. The identity of the ICE agent should be made public and he should be charged for his crime.”
Reps for the US Marshals Service did not immediately respond to a request for comment about the men’s custody status.
Trump administration border czar Tom Homan announced Thursday that the surge of immigration officers to Minnesota was ending — with just a small footprint remaining in the state for “a little longer.”
Operation Metro Surge sent more than 3,000 ICE officers and Border Patrol agents to the state, prompting fierce backlash from Democratic officials, anti-ICE protesters and the general public, according to recent in-state polling.
Just 2,000 DHS personnel will remain in the state, of whom 700 will stay in Minneapolis.
