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"You don’t see evidence of gang association," said one legal expert. "It just feels like a dirtying up of the defendant."
After a US Border Patrol Agent shot two Venezuelan immigrants in Portland, Oregon in January, the Department of Homeland Security claimed that the two victims were "vicious Tren de Aragua gang members" who "weaponized their vehicle" against federal agents, who had no choice but to open fire in self-defense.
However, court records obtained by the Guardian reveal that a Department of Justice prosecutor subsequently told a judge the government was "not suggesting" that one of the victims, Luis Niño-Moncada, was a gang member.
The Guardian also obtained an FBI affidavit contradicting DHS claims about the second victim, Yorlenys Zambrano-Contreras, being "involved" in a shooting in Portland last year, when in reality she was a "reported victim of sexual assault and robbery."
Attorneys representing Niño-Moncada and Zambrano-Contreras, who both survived the shooting and were subsequently hospitalized, told the Guardian that neither of them have any prior criminal convictions.
Legal experts who spoke with the Guardian about the shooting said it appeared that DHS was waging a "smear campaign" against the victims.
Sergio Perez, a civil rights lawyer and former US prosecutor, noted in an interview that prosecutors filed criminal charges against Niño-Moncada and Zambrano-Contreras just two days after they were shot, even before it had obtained crucial video evidence of the incident.
"This government needs to go back to the practice of slow and thorough investigations," he told the Guardian, "rather than what we consistently see in immigration enforcement activities—which is a rush to smear individuals."
Carley Palmer, a former federal prosecutor, told the Guardian that the court records obtained by the paper don't show DOJ presenting any of the usual evidence that prosecutors use to establish defendants' alleged gang membership.
"What’s interesting about the filings is that you don’t see evidence of gang association," said Palmer. "It just feels like a dirtying up of the defendant."
DHS in recent months has made a number of claims about people who have been shot or killed by federal immigration officers that have not held up to scrutiny.
Most recently, Homeland Security Secretary Kristi Noem claimed that slain Minneapolis intensive care nurse Alex Pretti was a "domestic terrorist" intent on inflicting "maximum damage" on federal agents, when video clearly showed that Pretti was swarmed by multiple federal agents and was disarmed before two agents opened fire and killed him.
Noem also openly lied about the circumstances and actions that resulted in the shooting death of Renee Nicole Good by a federal agent weeks earlier.
In November, federal prosecutors abruptly dropped charges against Marimar Martinez, a woman who was shot multiple times by a US Border Patrol agent in October in Chicago’s Brighton Park neighborhood.
In the indictment filed against Martinez, prosecutors said that the Border Patrol agent who shot her had been acting in self-defense, and that he had only opened fire after Martinez’s car collided with his vehicle.
However, uncovered text messages showed the Border Patrol agent apparently bragging about shooting Martinez, as he boasted that he “fired five rounds and she had seven holes” in a message sent to fellow agents.
An attorney representing Martinez also claimed that he had seen body camera footage that directly undermined DHS claims about how the shooting unfolded.
No explanation was provided for why charges against Martinez were dropped.
Parents who are legally applying for US asylum were prevented from getting emergency medical care for their 7-year-old daughter.
Advocates sounded the alarm Friday over federal agents' arrest last week of a family of legal asylum-seekers apprehended just outside a Portland, Oregon hospital where they had rushed their 7-year-old daughter for emergency medical treatment.
Yohendry De Jesus Crespo and his wife Darianny Liseth González de Crespo—Venezuelans with pending asylum claims living in Gresham, Oregon—were rushing their daughter Diana to Adventist Hospital in Portland on January 16 as the child suffered an unstoppable nosebleed.
According to the Oregonian, Diana never got to see a doctor, as three unmarked vehicles and Immigration and Customs Enforcement (ICE) agents surrounded their family car in the emergency room parking lot.
"The parents pleaded to let their 7-year-old daughter... be released so she could receive urgently needed medical care, but that request was denied," Oregon state Rep. Ricki Ruiz (D-50) said on Facebook.
Absolutely endless monster behavior from ICE & CBP. Detaining parents seeking urgent healthcare for their kids and who, in this case, had petitioned for asylum. All at the same hospital where they shot two people earlier this month.www.oregonlive.com/portland/202...
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— Aubrey Gordon (@yrfatfriend.bsky.social) January 23, 2026 at 9:18 AM
Friend Ana Linares said the family was arrested, driven to a facility in Tacoma, Washington, and then sent to Texas, where they are being held at the Dilley Immigration Processing Center near San Antonio.
The facility, which is run by ICE and private prison profiteer CoreCivic, is accused of providing inadequate medical care for children, as well as poor sanitary and health conditions. Detainees also report being served moldy or worm-infested food.
Ruiz said the child "remains ill, reportedly suffering from a fever, and has not received basic medical care."
The family's arrest—which took place less than 1,000 feet from where a US Border Patrol agent shot a Venezuelan couple earlier this month—appears to be the first time in Oregon that immigration enforcers have detained an entire family unit.
Heather Pease, a spokesperson for Adventist Hospital, told the Oregonian that “no law enforcement agency contacted us" about arresting the family, "and we did not coordinate with any agency."
“Adventist Health Portland is here for our community, open, available, and ready to provide care when it’s needed most," Pease added. "Patient care remains our priority, regardless of circumstances.”
It is unclear why the family was arrested. Neither parent has any known criminal record. Linares said the couple—who met in the Panamanian jungle while making their way to the United States—waited to enter the US legally and applied for an appointment. They were assigned a 2028 immigration court date to plead their asylum cases.
“They are good people, not criminals,” Linares told the Oregonian. “They were looking for stability. They wanted to help their families in Venezuela.”
The Trump administration's deadly mass deportation blitz has targeted children—among them US citizens, including a 3-year-old cancer patient—for detention and deportation.
As Common Dreams reported Thursday, federal agents seized at least four children from Minnesota public schools over the past two weeks, including a 5-year-old boy and a 10-year-old girl, who were sent to the Dilley lockup.
According to the US Department of Homeland Security, a record 73,000 people facing deportation are currently being jailed by ICE, including 6,000 family units.
Some of the nearly 5,000 children who were separated from their parents or other relatives during Trump's first term have also yet to be reunited with their families.
Child welfare advocates worry that Trump administration pressure to increase arrests and the commodification of migrants by for-profit prisons and other private profiteers is incentivizing the arrest and detention of immigrants, including children.
Asserting that "the immediate health and well-being" of Diana Crespo "must be the top priority," Ruiz said on Facebook, "We urgently call for the child to receive appropriate medical care without delay and for the family to be afforded due process and access to legal counsel."
"Situations involving children require heightened care, compassion, and coordination," he added, "and we expect all responsible agencies to act swiftly and humanely to ensure this child's health and safety are protected."
"As mayor, I call on ICE to end all operations in Portland until a full investigation can be completed," said Keith Wilson, the Democratic mayor of Portland, Oregon.
The mayor of Portland, Oregon told Immigration and Customs Enforcement to leave the city after federal agents shot and wounded two people on Thursday, just a day after an ICE agent killed 37-year-old Renee Nicole Good in Minneapolis.
"We cannot sit by while constitutional protections erode and bloodshed mounts," Portland Mayor Keith Wilson said in a statement. "Portland is not a 'training ground' for militarized agents, and the 'full force' threatened by the administration has deadly consequences. As mayor, I call on ICE to end all operations in Portland until a full investigation can be completed."
The shooting took place Thursday afternoon during what the US Department of Homeland Security (DHS) described as a "targeted vehicle stop" conducted by Border Patrol agents. Echoing its narrative about the deadly Minneapolis shooting—which was contradicted by video footage from the scene—DHS said the driver "weaponized his vehicle and attempted to run over the law enforcement agents."
But Wilson said Thursday that the Trump administration could not be trusted to provide an accurate account of events or conduct an honest investigation.
"We know what the federal government says happened here," said Wilson. "There was a time when we could take them at their word. That time has long passed."
The man and woman shot by Border Patrol agents were reportedly married, and both were taken to a nearby hospital. Neither their identities nor their conditions were immediately made public.
Oregon Attorney General Dan Rayfield said late Thursday that his office was investigating the shooting to determine “whether any federal officer acted outside the scope of their lawful authority."
"We have been clear about our concerns with the excessive use of force by federal agents in Portland, and today’s incident only heightens the need for transparency and accountability," said Rayfield. "Oregonians deserve clear answers when people are injured in their neighborhoods."
The shootings in Minneapolis and Portland were hardly the first time federal immigration officers have used deadly force during US President Donald Trump's lawless mass deportation campaign.
The Marshall Project noted earlier this week that "federal officers have fatally shot at least three other people in the last five months."
"Agents have also shot other people," The Marshall Project added. "The Trace, the nonprofit news organization covering gun violence, has counted more than a dozen such shootings. In some cases, the victims survived, including a woman who suffered multiple bullet wounds in an incident in Chicago in October. The Border Patrol officer who shot her appeared to brag about it in a text message, later presented in court evidence. The message reportedly read, 'I fired 5 rounds, and she had 7 holes. Put that in your book boys.'"