Federal authorities have opened a criminal probe into whether two immigration officers lied under oath about a shooting in Minneapolis last month, shortly after a federal judge dismissed felony assault charges against two Venezuelan men accused of attacking an ICE officer during the incident.
ICE Director Todd Lyons said Friday that the agency opened the investigation jointly with the Justice Department after video evidence revealed what he called apparent untruthful statements in sworn testimony from two separate officers. Lyons said the two officers—whose names he did not disclose—are on administrative leave while the investigation is carried out, and he warned that they could face discipline including firing as well as criminal prosecution.
Lyons said the government’s focus is on the officers’ sworn statements, calling perjury “a serious federal offense.” He added that the U.S. attorney’s office is actively investigating. Lyons also said ICE officers are expected to uphold “the rule of law” and meet standards of “professionalism, integrity, and ethical conduct,” adding that “Violations of this sacred sworn oath will not be tolerated.”
Earlier Friday, U.S. District Court Judge Paul A. Magnuson dismissed felony assault charges against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis. The men had been accused in federal court filings of beating an ICE officer with a broom handle and a snow shovel during a Jan. 14 fracas. The officer fired a single shot from his handgun, striking Sosa-Celis in his right thigh.
The charges were dropped after what the defense described as an unusual motion to dismiss from U.S. Attorney for the District of Minnesota Daniel N. Rosen, who said newly discovered evidence was “materially inconsistent with the allegations” in a criminal complaint and statements presented at a hearing last month. Prosecutors did not indicate publicly what the new evidence was, but the sequence of court proceedings had already raised questions about the government’s account of events, according to the reporting.
Defense attorneys for the two men said they were relieved the charges were dismissed. The immigration lawyer representing Aljorna and Sosa-Celis, Brian D. Clark, said the men were “overjoyed” and argued that the case against them was built on false statements from an ICE agent. Clark urged authorities to identify the officer who fired the shot and to bring him to court if the evidence supports it.
Another attorney for Sosa-Celis, Robin M. Wolpert, said the investigation into apparent untruthful statements was appropriate and that the statements had “serious consequences” for her client and his family. Frederick Goetz, who represented Aljorna, previously said in court that his client had a broomstick in his hand and threw it as he ran toward the house, while Wolpert said Sosa-Celis was holding a shovel but retreating into the home when the officer fired.
The case also has broader implications for how prosecutors and federal agents document use of force during immigration enforcement operations. The AP reported that the reversal follows a string of high-profile shootings involving federal immigration agents in which eyewitness statements and video evidence have called into question claims used to justify deadly force, with other related felony cases against protesters accused of assaulting or impeding federal officers also collapsing.
Homeland Security Secretary Kristi Noem, in a Jan. 15 statement, had accused Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey of “encouraging impeding and assault against our law enforcement which is a federal crime, a felony.” Noem said in that statement that the officer was “ambushed and attacked” and that he fired a “defensive shot” after being beaten with snow shovels and brooms. The Department of Homeland Security did not respond Friday to questions about whether Noem still stands by those statements, while ICE said the statements are now under investigation.
Court filings also show state authorities opened their own criminal investigation into the shooting, while the FBI has refused to share evidence, provide the name of the officer who fired, or make him available for an interview, according to the report. The reporting said a separate Venezuelan man, Gabriel Alejandro Hernandez Ledezma, was arrested during the same events but was never federally charged, and that he later sought release in court before being returned to Minnesota and discharged from ICE custody after a federal judge ordered his release.
It remains unclear, according to the reporting, whether Aljorna and Sosa-Celis could still face deportation proceedings despite the dropping of the criminal charges tied to the Jan. 14 incident.