DOJ and DHS deny report of FBI pullback from ICE shooting reviews

The New York Times reported Sunday that U.S. Immigration and Customs Enforcement agents have been told the FBI will no longer investigate claims that immigration officers were assaulted, including in cases tied to fatal shootings. The Justice Department and the Department of Homeland Security denied any change, saying the FBI will continue to investigate under agency policy.

The report concerns oversight of use-of-force incidents involving ICE at a time of heightened scrutiny of immigration enforcement. According to CNBC, ICE agents have shot at least seven people since January 2025, including two people killed in July.

The New York Times, citing people familiar with the matter, reported that FBI managers received written notice of the change on Thursday. Some ICE agents around the country were then told of the shift by FBI counterparts, according to the Times.

Under the arrangement described by the Times, the FBI during the Trump administration had been responsible for examining whether ICE agents had been assaulted before opening fire in fatal shooting cases. Such inquiries can have consequences beyond the initial assault claim, because evidence gathered by the FBI could later be used in civil rights investigations or prosecutions involving ICE personnel.

The Times reported that, if the guidance is implemented, Homeland Security Investigations, a division of ICE, would likely take over inquiries into assault claims made by ICE agents. People cited by the Times said that moving those reviews inside DHS could reduce accountability for immigration officers.

DHS does not have authority to investigate civil rights violations, according to the report. The Times said that limitation could make it less likely that ICE agents who shoot unarmed people would face federal civil rights scrutiny.

The Justice Department and DHS rejected that account in a joint statement provided to CNBC. “The Justice Department and Department of Homeland Security are partners in addressing crime and upholding the rule of law, while securing the safety and security of American communities,” the agencies said.

“The relationship between DHS and DOJ in investigating assault on federal officer cases has not changed, and FBI will continue to investigate in accordance with agency policy,” the statement said.

The reported guidance follows recent fatal shootings involving ICE officers. On Monday, an ICE agent shot and killed Joan Sebastian Guerrero, a Colombian man, in Biddeford, Maine, according to CNBC. Earlier in the month, on July 7, an agent shot and killed Lorenzo Salgado Araujo, a Mexican immigrant, in Houston.

The dispute over investigative responsibility centers on the mechanics of federal accountability. Assault-on-federal-officer cases examine whether an agent was attacked or threatened in a way that may bear on the use of force. Civil rights reviews, by contrast, assess whether federal law was violated by an officer’s conduct. Which agency gathers facts at the outset can affect what evidence is available for later proceedings.

For ICE, which operates within DHS, internal review by Homeland Security Investigations would keep the first stage of inquiry within the same department. FBI involvement places that fact-finding function with a separate Justice Department bureau, while prosecutors retain authority over potential federal charges.

This story draws on original reporting from CNBC.