The Department of Justice has charged a U.S. Immigration and Customs Enforcement officer with making false statements to federal investigators about the shooting of a Venezuelan immigrant in Texas, according to court documents unsealed Thursday.
The indictment alleges that Agent Marco Castro, who works out of an ICE field office in San Antonio, provided inaccurate information during interviews with Department of Homeland Security investigators about a December 2025 encounter near the U.S.-Mexico border. The case is being handled by the DOJ's Civil Rights Division and the Western District of Texas.
What the Right Is Saying
Republican lawmakers and immigration enforcement advocates argue that prosecuting federal officers for their actions in the field creates dangerous precedents. Sen. John Cornyn of Texas, who has championed increased funding for border security, said the charges could 'chill' law enforcement operations at a time when immigration authorities are facing record numbers of crossings.
'Our ICE officers work in incredibly difficult conditions,' Cornyn said during a floor speech Thursday. 'Second-guessing their split-second decisions with criminal charges sets a troubling example.'
The National Ice Council, the union representing many ICE officers, called the indictment 'politically motivated.' In a statement, the organization said Castro was acting to protect public safety during what it described as a volatile border situation and questioned why federal prosecutors were prioritizing this case over other immigration enforcement priorities.
What the Left Is Saying
Democratic lawmakers and immigrant rights advocates have long called for greater accountability when immigration enforcement officers use force. Rep. Pramila Jayapal, chairwoman of the Congressional Progressive Caucus, said in a statement that the charges represent 'a necessary step toward transparency' but noted that criminal charges against ICE officers remain rare.
'Communities across this country have demanded answers about how and why their neighbors are being hurt by federal agents,' Jayapal wrote. 'This indictment is proof that when there is accountability, justice can follow.'
Organizations including the American Immigration Lawyers Association and Families Belong Together praised the DOJ's decision to pursue charges. In a joint statement, these groups called for broader reforms to ICE use-of-force policies, arguing that criminal referrals should be standard practice whenever an immigrant is seriously injured during an enforcement encounter.
What the Numbers Show
According to federal data, there have been 47 documented incidents since 2020 where ICE officers discharged firearms during encounters with migrants or others. Of those, only three resulted in criminal investigations by the DOJ's Civil Rights Division prior to Castro's indictment.
ICE use-of-force reviews are typically handled internally through DHS processes rather than criminal referrals. A 2024 Government Accountability Office report found that DHS sustained only 12 percent of misconduct allegations against ICE personnel over a five-year period, though critics argue the internal review process lacks independence.
The Venezuelan immigrant shot in December 2025 survived and has since been released from ICE custody pending resolution of his immigration case, according to court records obtained by NPR.
The Bottom Line
The charges against Castro represent an unusual step for the DOJ, which rarely pursues criminal cases against federal law enforcement officers for conduct during operational encounters. Legal observers say the case could set precedents for how future incidents involving ICE use of force are handled.
Castro is expected to appear in federal court in San Antonio next week. He faces a single count of making false statements, which carries a maximum penalty of five years in prison if convicted. His attorneys have said he will plead not guilty.
The case is likely to reignite broader debates about ICE accountability and whether the agency needs structural reforms to its use-of-force policies.