Please ensure Javascript is enabled for purposes of website accessibility
Prosecutor Seeks to Drop Charges Against Immigrant Shot by ICE Agent
d8a347b41db1ddee634e2d67d08798c102ef09ac
By The New York Times
Published 29 minutes ago on
February 12, 2026

Federal immigration officers in Minneapolis on Thursday, Feb. 5, 2026. Tom Homan, the White House border czar, said on Feb. 12,2026, that he would end the aggressive immigration enforcement operation in Minnesota that began late last year and resulted in thousands of arrests, as well as the shootings of three people. (Jamie Kelter Davis/ The New York Times)

Share

Getting your Trinity Audio player ready...

In an extraordinary court filing, the top federal prosecutor in Minnesota acknowledged Thursday that officials had provided incorrect information about a shooting by an immigration agent last month.

The prosecutor, Daniel N. Rosen, asked a judge to dismiss charges against a man who was wounded in that shooting, as well as another man who had been accused of attacking the agent. Rosen wrote that “newly discovered evidence in this matter is materially inconsistent with the allegations” that federal officials made in a charging document and in courtroom testimony.

“Accordingly, dismissal with prejudice will serve the interests of justice,” wrote Rosen, who was nominated by President Donald Trump to be U.S. attorney in Minnesota.

The shooting Jan. 14 of Julio C. Sosa-Celis by an Immigration and Customs Enforcement agent touched off hours of tense protests in Minneapolis, where thousands of federal agents had been sent as part of the Trump administration’s immigration crackdown in the state.

The details of what happened that night are unclear, and the government’s account of the shooting has shifted. Initially, federal officials described Sosa-Celis and his co-defendant, Alfredo A. Aljorna, as violent agitators who had attacked an agent with a shovel and broom. The government has said both men are from Venezuela and are in the United States illegally. Homeland Security Secretary Kristi Noem accused them of trying to kill the agent.

But inconsistencies soon emerged in the government’s description of the incident. Officials changed their account of which of the two men had fled from agents in a car before the shooting. And instead of three people attacking the agent, as the Department of Homeland Security had first claimed, charging documents suggested that there were only two.

Still, prosecutors pushed ahead with felony cases against the men and sought to keep them detained before trial.

Sosa-Celis, who was shot in the leg, had injuries that were not life-threatening. Aljorna was not wounded. They were both arrested, officials have said, after agents used tear gas to force them out of a building.

The filing from Rosen, whose office has been decimated by resignations since the immigration enforcement surge began, was the latest instance of the Department of Homeland Security providing an account of a shooting that later proved questionable or outright wrong.

In Chicago, where a Border Patrol agent shot and wounded a woman last year, prosecutors dropped the charges against her after concerns about preservation of evidence were raised. The woman, Marimar Martinez, has since sought to clear her name and has pushed back against the Trump administration’s description of her as a domestic terrorist.

And after two fatal shootings by immigration agents in Minneapolis this year, President Donald Trump and his allies rushed to cast the people who were killed, Renee Good and Alex Pretti, both U.S. citizens, as domestic terrorists. Administration officials persisted in those claims even after some of their accounts were contradicted by videos.

Federal officials announced earlier Thursday that they were ending their enforcement surge in Minnesota after more than two months. More than 4,000 immigrants lacking legal status were arrested during the campaign, officials said.

Homeland Security officials did not immediately respond to a request for comment on the motion to dismiss the charges. The judge hearing the case did not immediately act on that motion.

Lawyers for Sosa-Celis and Aljorna did not immediately reply to requests for comment, although they have previously raised doubts about the government’s description of the shooting.

This article originally appeared in The New York Times.

By Mitch Smith/ Jamie Kelter Davis
c.2026 The New York Times Company

 

RELATED TOPICS:

Search

Help continue the work that gets you the news that matters most.

Send this to a friend