The acting head of Immigration and Customs Enforcement says that two of its officers appear to have made "untruthful statements" about shooting a migrant in Minnesota and may face federal charges for their actions.
"Today, a joint review by ICE and the Department of Justice (DOJ) of video evidence has revealed that sworn testimony provided by two separate officers appears to have made untruthful statements," Acting ICE Director Todd Lyons said in a statement.
"Both officers have been immediately placed on administrative leave pending the completion of a thorough internal investigation. Lying under oath is a serious federal offense. The U.S. Attorney's Office is actively investigating these false statements," the statement said.
"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. ICE remains fully committed to transparency, accountability, and the fair enforcement of our nation's immigration laws," Lyons added.
The statement from Lyons comes a day after the top federal prosecutor in Minnesota asked a judge to dismiss charges against two men, including one who was shot in the leg by an immigration agent, citing "newly discovered evidence" in what was initially framed as a "violent" attack on law enforcement during an enforcement operation.
"Newly discovered evidence in this matter is materially inconsistent with the allegations in the complaint affidavit. ... as well as the preliminary-hearing testimony," U.S. Attorney for the District of Minnesota Daniel Rosen wrote in the filing Wednesday evening. It remains unclear what specific new evidence Rosen was referencing.
Rosen has asked the court to dismiss the case with prejudice, meaning the charges cannot be refiled.
"Accordingly, dismissal with prejudice will serve the interests of justice," Rosen wrote.
In the wake of the shooting on Jan. 14 -- a week after an ICE agentfatally shot Renee Goodin Minneapolis -- the Trump administration said the man who was shot, Julio Cesar Sosa-Selis, attacked a federal law enforcement officer with a "shovel or a broom stick" and that the incident was part of "an attempt to evade arrest and obstruct law enforcement."
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Lawyers for another man charged in the incident, Alfredo Aljorna, said surveillance videos did not corroborate the FBI's claims that an agent was assaulted and said Sosa-Celis was shot while standing at his doorway some distance away from the officer.
Earlier this month attorneys for Aljorna also urged a judge to prohibit the government from deporting key witnesses who they said cast doubt that an agent was repeatedly struck with a broom or a snow shovel, Judge Paul Magnuson granted the request.
The reversal on the assault charges for Sosa-Celis and Aljorna comes after several discrepancies emerged between statements from Department of Homeland Security officials and details outlined in court records regarding their arrests.
DHS initially said in statements to media that officers were conducting a "targeted traffic stop" for Sosa-Celis when he fled in his vehicle, crashed into another car and attempted to evade arrest. The agency alleged that Sosa-Celis "violently" assaulted an officer and that two other individuals exited a nearby apartment and joined the attack "with a snow shovel and broom handle."
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According to DHS, Sosa-Celis struck the officer with "a shovel or broom stick," prompting the officer to fire what the agency described as a defensive shot "to defend his life," striking Sosa-Celis in the leg.
"What we saw last night in Minneapolis was an attempted murder of federal law enforcement," DHS Secretary Kristi Noem said in the Jan. 15 statement.
However, an affidavit from FBI Special Agent Timothy Schanz, who investigated the shooting, stated that ICE Enforcement and Removal Operations agents were attempting to stop a different man identified as Joffre Stalin Paucar Barrera -- not Sosa-Celis -- whom they believed was in the country illegally. According to Schanz, agents later identified the driver DHS agents stopped as a different man, Aljorna.
Schanz wrote that Aljorna struck a light pole and fled on foot toward his apartment building.
Sosa-Celis was allegedly standing on the porch and yelling at Aljorna to run faster, the affidavit says. Aljorna slipped and allegedly "began tussling" with the agent before Sosa-Celis grabbed a broom and began striking the agent, according to the affidavit.
The agent "then saw who he believed was a third Hispanic male approach with a snow shovel, and this male also began striking" him, Schanz said in the affidavit. The third man was identified as Gabriel Alejandro Hernandez-Ledezma by DHS, who accused him of also assaulting the officer.
Sosa-Celis was shot in the leg as he attempted to go inside the apartment, the affidavit says.
Video reviewed by ABC News' Visual Verification team includes a 911 call from individuals identified as relatives of Sosa-Celis, who said agents fired as he was attempting to close the door.
After Lyons issued his statement on Friday, attorney Brian D. Clark shared a reaction from the families of Sosa-Celis and Aljorna.
"Julio, Alfredo, and their families are 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," they said in the statement. "They are so happy justice is being served by the government's request to dismiss all charges with prejudice. The identify of the ICE agent should be made public and he should be charged for his crime."
The acting head of Immigration and Customs Enforcement says that two of its officers appear to have made "untruthful...
