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Children are being kept in immigration custody longer than allowed, advocates say

February 16, 2026 by WDNY Radio

(NEW YORK) — As Khelin Marcano was preparing for her routine scheduled appointment with Immigration and Customs Enforcement in December, she debated packing a bag full of her 1-year-old daughter’s clothes. While she and her husband had been attending appointments without issue, she knew others were being detained at government buildings by immigration authorities.

“When they told us we were being detained, it felt like we already knew, all along,” Marcano told ABC News.

The family, including 1-year-old Amalia, was quickly sent from El Paso to Texas’ Dilley immigration detention center, where they were detained for 60 days — joining hundreds of other families that the government has held for durations that advocates say exceed the limits established by federal court rulings.

Those restrictions stem from the Flores Settlement, a 1997 legal agreement that a federal court has interpreted to mean that the government generally should not hold children in immigration custody for more than 20 days.

As of last month, there were about 1,400 people being held at Dilley, including children and parents, according to RAICES, a legal immigrant advocacy group. The facility was closed during the Biden administration and was re-opened last year as the Trump administration’s immigration crackdown ramped up.

The 60 days that Marcano, her husband Stiven Prieto, and their daughter were held there is three times the general legal limit permitted by the settlement.

“The Trump administration is holding children and families in detention for prolonged periods of time, weeks, months,” Elora Mukherjee, the family’s lawyer, told ABC News. “Children and families at the Dilley facility don’t have access to sufficient clean drinking water, where they don’t have access to sufficient nutritious food, [and] don’t have access to adequate medical care.

‘Why does this happen to us?’
The family entered the U.S. using the Biden-era Customs and Border Protection app in 2024, according to court documents. They were processed and granted parole to live in the country while applying for asylum. The family was released last week after their 60-day detention and their first court date is scheduled for 2027, according to their attorney.

A spokesperson for the Department of Homeland Security said the family “was released into the country under the Biden administration,” and confirmed their detention.

“For years, the Flores consent decree has been a tool of the left to promote an open borders agenda,” the DHS spokesperson said. “It is long overdue for a single district in California to stop managing the Executive Branch’s immigration functions. The Trump administration is committed to restoring common sense to our immigration system.”

Early on during their detention, the family says 1-year-old Amalia developed a persistent fever. Marcano told ABC News that despite her repeated pleas for medication, the medical staff dismissed the symptoms.

“The doctor told me that fever was a good sign because it meant she was actively fighting a virus,” Marcano said in Spanish. “I got really upset … and told her that whatever the case was, a fever is not a good thing. If she didn’t know that fever could kill people, or that fever could cause convulsions, fever would never be good.”

In a habeas petition Marcano filed against the government, she and her attorney claimed the Dilley facility lacked basic hygiene and nutrition, and that they saw bugs in the food. They alleged that the tap water smelled so strongly of chlorine that the family spent their limited funds on bottled water for their daughter.

Marcano told ABC News that at one point during their detention, Amalia seemed to lose her strength and collapsed in her arms.

“I grabbed her and I dressed her and I took her back to the clinic, and I began to argue with the doctors, asking who would be responsible for my daughter if something happened to her,” Marcano said.

Marcano said it was only then that staff at Dilley transported her and Amalia by ambulance to a regional hospital, and later to a larger hospital in San Antonio. The 1-year-old was diagnosed with COVID-19 and a respiratory virus. according to the family and their habeas petition.

According to Marcano’s complaint, hospital staff provided her with a nebulizer and Albuterol to treat Amalia’s respiratory distress — but when they returned to the Dilley facility, the staff immediately confiscated both the nebulizer and the medication.

“They took her treatment away,” Marcano said. “Why does this happen to us if we have done everything right? I was begging the officers to please help me get out of there, and no one listened to me.”

The family was released together shortly after they filed a habeas petition. Marcano told ABC News that, while inside the facility, she met families with pregnant women and saw children as young as 2 months old.

Long-term effects
Several immigrant advocates and attorneys told ABC News that the Trump administration is keeping children and families who are seeking asylum and other forms of legal relief in prolonged detention.

In Minneapolis, where 5-year-old Liam Conejo Ramos was detained along with his father on their way home from school last month, local school officials told ABC News that immigration authorities had detained four other students from the district. One of them, 11-year-old Elizabeth Zuna Caisaguano, was detained along with her mother for more than one month, according to the family’s attorney, Bobby Painter.

“They were pulled over by ICE and pulled out of their car, thrown on an airplane and sent to Dilley, all in the span of maybe 24 hours,” the attorney said.

Some families have been held for months, attorneys told ABC News.

“The effects of detention are long-term on children,” Mukherjee, Marcano’s attorney, told ABC News. “Children who are with their parents and who are safe with their parents should never be detained when it’s not in a child’s best interest.”

The DHS, in a statement, said “being in detention is a choice.”

“We encourage all parents to take control of their departure with the CBP Home App,” the spokesperson said. “The United States is offering illegal aliens $2,600 and a free flight to self-deport now.”

Since being released, Marcano said her daughter hardly cries at night anymore like she did when they were at the detention center.

“We’re feeling very good and thank god for his blessings,” she told ABC News. “We’re still a little on edge about what we were planning to do given everything ahead. So we’re left here thinking about what is going to happen to us and that gives us a bit of fear.”

“Are they going to leave us alone?” Marcano said. “That’s what we hope, but we don’t know.”

Teen who called for dad’s release from ICE custody dies of cancer

February 15, 2026 by WDNY Radio

(CHICAGO) — A Chicago teen who fought for her father’s release from immigration detention while she was battling stage 4 cancer, has died, a representative for her family says.

Ofelia Torres died Friday at age 16, according to the family representative. The cause of death was metastatic alveolar rhabdomyosarcoma — a rare and aggressive form of cancer.

Torres grabbed the national spotlight last fall after her undocumented father, Ruben Torres-Maldonado, was detained by immigration agents during the Trump administration’s immigration crackdown, dubbed “Operation Midway Blitz.” Torres posted a video on social media calling for his release, and was also interviewed on ABC News’ “Nightline.”

A representative for Torres’ family said that just three days before she died, an immigration judge ruled that her father was conditionally entitled to receive cancellation of removal, which could provide a pathway to a green card. Torres watched the hearing virtually, the family said.

In the “Nightline” interview last fall, Torres said she initially tried to keep her cancer diagnosis private, but said she was speaking out to defend her father.

“I need the world to know my dad’s story and if that means letting the world know I have cancer, so be it. I don’t care,” she said. “I need my dad.”

In a statement, Kalman Resnick, the attorney representing Torres’ father, said: “Ofelia was heroic and brave in the face of ICE’s detention and threatened deportation of her father. We mourn Ofelia’s passing, and we hope that she will serve as a model for us all for how to be courageous and to fight for what’s right to our last breaths.”

Torres-Maldonado was taken into custody by Immigration and Customs Enforcement agents at a Home Depot in Niles, Illinois, outside Chicago on Oct. 18 before being released on bond about two weeks later.

Resnick, who represented Torres-Maldonado, told reporters at a press conference last fall that federal agents surrounded Torres-Maldonado’s truck, smashed a window and dragged him into a vehicle at gunpoint.

At the time, Department of Homeland Security Assistant Secretary Tricia McLaughlin alleged that Torres-Maldonado had backed into a government vehicle while attempting to flee.

DHS maintained Torres-Maldonado was a “criminal illegal alien” with a history of driving without insurance, driving without a valid license and speeding.

In the “Nightline” interview Torres said that despite how her father was treated, she had “nothing but love” for the federal agents who arrested her father.

“To the ICE agents who smashed my dad’s window, to the ICE agent who pointed a gun at my dad, I’m not mad at you … I just want you to know that that was not the right thing to do,” she told ABC News’ Stephanie Ramos.

Rubio tries to reassure foreign allies in Munich speech

February 14, 2026 by WDNY Radio

(NEW YORK) — Secretary of State Marco Rubio delivered a bluntly worded, but ultimately conciliatory, speech Saturday to leaders of Western nations, saying the Trump administration does not want to dismantle its traditional alliances.

However, during his speech at the Munich Security Conference, he called on European countries to adopt the administration’s right-wing polices on mass migration and do more for their own defense.

“Our destiny is and always will be intertwined with you,” Rubio said to prolonged applause. “We do not seek to separate but to reinvigorate an old friendship.”

His speech’s message appeared to be a greatly moderated version of the one given by Vice President JD Vance last year, where he attacked European countries as oppressive.

Rubio repeated many of the same political criticisms that Vance made, telling European countries they and the United States previously had fallen victim to a liberal “dangerous delusion.”

He told them they must get control over mass migration, stop being ashamed of their colonial histories and give up on what he called a “climate cult.”

But he repeated the message that the U.S. wanted to reinvigorate the power of the West “together.”

“And while we are prepared, if necessary, to do this alone, it is our preference and it is our hope to do this together with you, our friends here in Europe,” Rubio said.

Rubio defended the administration as seeking to unapologetically reinvigorate the West, speaking nostalgically of “great western empires.”

“We do not want our allies to be weak, because that makes us weaker. We do not want our allies to be shackled by guilt and shame,” he said. “We do not want allies to rationalize the broken status quo.”

He said the U.S. has “no interest in being the polite caretaker of managed decline.”

The chairman of the conference, Wolfgang Ischinger, later thanked Rubio for his “message of reassurance.”

“I’m not sure you heard the sigh of relief in this hall,” Ischinger told Rubio on stage.

During an interview with Bloomberg TV directly after the speech, Rubio said he thought he gave the “same message” that Vance delivered at the conference last year.

“I think what the vice president said last year, very clearly, was that Europe had made a series of decisions internally that were threatening to the alliance and ultimately to themselves, not because we hate Europe or we don’t like Europeans, but because, what is it that we fight for? What is it that binds us together?” Rubio said in the interview.

“And ultimately, it’s the fact that we are both heirs to the same civilization, and it’s a great civilization, and it’s one we should be proud of,” Rubio added.

The secretary continued to moderate that message, however, saying his own remarks were meant to explain that, “when we come off as urgent or even critical about decisions that Europe has failed to make or made, it is because we care.”

Trump administration deportations to 3rd countries cost taxpayers ‘upward of $40M’: Report

February 14, 2026 by WDNY Radio

Trump administration deportations to 3rd countries cost taxpayers ‘upward of M’: Report

Trump administration deportations to 3rd countries cost taxpayers ‘upward of $40M’: Report — A security contractor hired by U.S. Immigration and Customs Enforcement (ICE), checks the mouth of a Honduran immigration detainee from Honduras before a deportation flight to San Pedro Sula, Honduras on February 28, 2013 in Mesa, Arizona. (John Moore/Getty Images)

(NEW YORK) — The Trump administration’s deportations to third countries last year are estimated to have cost taxpayers “upward of $40 million,” with some third-country migrants costing more than $1 million each, according to a Democratic congressional report released Friday.

The 30-page report is the result of a ten-month review by Democrats on the Senate Foreign Relations Committee, who examined third-country deportations undertaken by the administration.

In particular, the report found that over $32 million was sent directly to Equatorial Guinea, Rwanda, El Salvador, Eswatini, and Palau — with some funds sent before any third-country national arrived.

“The total costs of the Trump Administration’s third country deportations through January 2026 are unknown but are likely upward of $40 million,” the report said.

Tommy Pigott, a spokesman for the State Department, did not comment directly on the figures used in the report.

“Contrary to what they might have hoped, this report only underlines much of the unprecedented work that the Trump administration has done to enforce our immigration laws. Astonishingly, some in Congress still want to go back to a time just 14 months ago when cartels had free rein to poison Americans and our border was open,” he said in a statement.

The report analyzed the sums in comparison to the number of third country nationals actually received, and concluded that the administration “paid at least one country more than $1 million per third country national received.”

For example, the report found that the administration paid the Rwandan government $7.5 million “in exchange for agreeing to accept third-country nationals.” As of Jan. 2026, Rwanda received seven third-country nationals, with each migrant costing approximately $1.1 million, the report said.

El Salvador was found to have received the most migrants, with approximately 250 third country nationals costing $20,755 per migrant. The majority of those people deported to El Salvador were Venezuelan nationals who were then sent onward to Venezuela several months later, according to administration officials.

The findings also show that Palau had not received any third-country nationals as of January, yet they have already received $7.5 million from the U.S.

According to a U.S. official quoted in the report, deportation deals with some countries were intended to communicate a “threat” to migrants.

“With countries like Palau or Eswatini, the point is that the Administration can threaten people that they will literally be dropped in the middle of nowhere,” the U.S. official allegedly said.

“The point is to scare people,” he allegedly added.

The Democrats’ report also homes in on the high sums of money dedicated to transporting migrants from the U.S. to third countries, with the administration “frequently using military aircraft that can cost more than $32,000 per hour.”

At times, the administration paid “twice” for migrants’ travel — “once to remove them to a third country and then again to fly them to their home country,” the report said.

This occurred due to a lack of sufficient notice provided to migrants’ home countries, the report said, arguing that this is “needlessly wasting taxpayer funds.”

Despite these significant costs, the report found that a “relatively small number of migrants” were ultimately removed to third countries, therefore leaving “little measurable impact on [the administration’s] deportation agenda.”

The report also highlights an apparent lack of oversight in terms of monitoring foreign governments’ compliance, especially with countries that have historically high records of human rights violations and corrupt governments.

“Without oversight, it is unknown whether U.S. funds are facilitating corruption or other abuses,” the report said.

It is also “challenging” for the State Department to track such funds, the report said, alleging that the administration sends such money directly to foreign governments rather than utilizing “trusted third-party implementing partners.”

“In at least one country, U.S. officials told [Democrats on the Senate Foreign Relations Committee] that Trump Administration officials instructed them not to follow up on how deportees were being treated,” the report alleged, adding that many of the agreements rely on “blanket language” for assurances.

The report criticizes the administration for making “secret deals” with foreign countries in order to establish agreements about accepting third-country nationals.

“Dozens” of other countries are currently being pursued to agree to deals, the report said.

Sen. Jeanne Shaheen, the top Democrat on the Senate Foreign Relations Committee, slammed the administration for engaging in policy that she calls the “epitome” of “fraud, waste and abuse.”

“This report outlines the troubling practice by the Trump Administration of deporting individuals to third countries — places where these people have no connection — at great expense to the American taxpayer and raises serious questions,” she said in a statement.

Severe weather across the South may bring tornadoes

February 14, 2026 by WDNY Radio

(NEW YORK) — Severe weather is headed to the deep South, from Texas to Mississippi, with damaging winds, possible tornadoes and some large hail forecast.

A powerful storm system will move out of the Rockies on Saturday and will bring the severe weather across the deep South.

Storms will move into Dallas, Texas, late Saturday morning, with some gusty winds and very heavy rain.

The storms will move through Houston between 7 and 9 p.m. Saturday with damaging winds, a threat for an isolated tornado and some heavy rain.

New Orleans, Louisiana, and Jackson, Mississippi, will see storms moving through between midnight and 2 a.m. Damaging winds, isolated tornado and heavy rain is possible.

Storms move through Birmingham and Montgomery, Alabama, early Sunday morning from 5 to 8 a.m. with gusty winds and heavy rain.

Atlanta gets storms and heavy rain mid to late morning Sunday, but severe weather with tornado threat will stay south into Albany, Georgia, to Panama City, Tallahassee, Gainesville, Florida

This same storm system with severe weather will also bring heavy rain from Texas all the way to the Carolinas with a chance for flash flooding.

The highest threat for flash flooding will be from just east of Dallas, Texas, to Little Rock, Arkansas and into Memphis, Tennessee.

Locally some areas could get 2 to 4 inches of rain in a short period of time, causing flash flooding.

After a very dry period for the entire western U.S., a very active storm track has its eyes set on the West.

Starting Sunday afternoon, a series of storms will pound the West from California to Colorado with very heavy snow in the mountains and heavy rain and flooding for coastal California.

The highest threat for flash flooding and debris flow will be from just south of the San Francisco Bay area down to Los Angeles.

Sunday through Friday, some areas in California could see 3 to 6 inches of rain, which is expected to cause flash flooding and debris flow.

The Sierra Nevada Mountains, in California, some areas could see 3 to 6 feet of snow. The Rockies could also see several feet of snow next week.

Alexei Navalny was killed by Russia with dart frog toxin, 5 European countries say

February 14, 2026 by WDNY Radio

(NEW YORK) — Russian opposition leader Alexei Navalny was poisoned with a rare lethal toxin found in poison dart frogs from South America, according to a joint statement from the UK, France, Sweden, the Netherlands and Germany.

The European partners said they are confident in their determination based on analyses of samples from Navalny which confirmed the presence of the lethal toxin, Epibatidine.

“Navalny died while held in prison, meaning Russia had the means, motive and opportunity to administer this poison to him,” the statement read.

Alexei Navalny’s widow, Yulia Navalnaya, said in a social media post she “was certain from the first day that my husband had been poisoned, but now there is proof: Putin killed Alexei with chemical weapon.”

Navalnaya said she is grateful to the countries who have worked on the investigation.

“Vladimir Putin is a murderer. He must be held accountable for all his crimes,” she said.

Russian officials did not immediately comment on the report.

‘Very concerning’: How EPA rolling back greenhouse gas emissions endangerment finding could impact health

February 14, 2026 by WDNY Radio

(WASHINGTON) — The Trump administration walked back an Obama-era environmental decision that has been the legal basis for establishing federal regulation of greenhouse gas emissions.

The Environmental Protection Agency (EPA) said on Thursday it was rescinding the 2009 endangerment finding, which determined that six key greenhouse gases threaten human health and welfare.

The regulations that resulted cover everything from vehicle tailpipe emissions to the release of greenhouse gases from power plants and other significant emission sources.

President Donald Trump called the move “the single largest deregulatory action in American history” and said the repealed finding had “no basis in fact” and “no basis in law.”

The endangerment finding stemmed from the 2007 Supreme Court decision Massachusetts v. EPA, which held that the EPA could regulate greenhouse gases from motor vehicles under the 1970 Clean Air Act because those gases are air pollutants.

Some environmental scientists disagree, telling ABC News that the rescission is concerning and could have major implications for health. They add that decades of research has shown the impact climate change has on human health.

“The evidence is so overwhelming,” Dr. Ana Navas-Acien, chair of the department of environmental health sciences at Mailman School of Public Health at Columbia University, told ABC News.

“The scientific evidence showing the connection between greenhouse emissions, climate change and then the related health effects — it’s massive, it’s substantial, it has been reviewed by independent organizations,” she said. “So, the fact that this body of evidence has become so well established, it just speaks to the level of rigorous science that has been done.”

How greenhouse gases, climate change impact health

Research has shown that greenhouse gases — such as carbon dioxide and nitrous oxide — drive climate change, and, in turn, can harm human health by exposing people to events including wildfire smoke, extreme heat, flooding and waterborne diseases.

For example, rising temperatures have direct harms on health by increasing risk of dehydration and causing more stress on the heart.

During heat waves, the risk of death from heart attack increases by 64%, according to a 2024 study from researchers at Yale School of the Environment.

Additionally, a 2025 study from Yale School of Public Health found that between 2000 and 2020, there were more than 3,400 preventable deaths in the contiguous U.S. due to high temperatures.

The World Health Organization has warned there will be an estimated 250,000 additional deaths around the world annually from 2030 to 2050 due to climate change-related heat exposure.

“We have recent studies showing heat exposure can lead to heart attack events … and it goes beyond just the cardiovascular system,” Kai Chen, an associate professor of epidemiology at Yale School of Public Health and faculty director of the Yale Center on Climate Change and Health, told ABC News. “It goes beyond these kinds of physical conditions or physical health, [also] impacting our mental health.”

High temperatures can also negatively impact the quality and quantity of sleep, which can raise levels of cortisol in the body.

Studies have also shown that extreme heat can exacerbate conditions such as depression, anxiety and suicide ideation. For the latter, a 2023 meta-analysis found that even a slight bump in the average monthly temperature can lead to increases in suicide and suicidal behavior.

“So, really, heat can lead to a broad spectrum of diseases,” Chen added.

In recent decades, wildfires in the western U.S. have become larger, more intense, and more destructive due to a combination of factors, including human-amplified climate change and rapid urbanization, according to the federal government’s Fifth National Climate Assessment.

The same report found that these fires are worsening air quality in many part of the country due to wildfire smoke, which is a mixture of gases, water vapor, air pollutants and fine particulate matter. The latter, known as PM2.5, is at least 30 times smaller in diameter than a human hair.

Experts say these particles are of concern because they are too small to be seen with the naked eye and can easily enter the nose and throat. They can travel to the lungs and even circulate in the bloodstream.

PM2.5 can cause both short-term health effects, even for healthy people, including irritation of the eyes, nose and throat; coughing, sneezing; and shortness of breath and long-term effects such as worsening of conditions such as asthma, heart disease or chronic obstructive pulmonary disease flare-ups.

“Recent evidence has shown that the fine particulate matter in the air can also impact dementia and cognitive function,” Chen said. “It can also affect birth outcomes, leading to pre-term birth and low birth weight. So, air pollution is a major risk factor.”

Regulating fossil fuel combustion reduced PM2.5-related deaths by approximately 54% from 1990 to 2010, according to 2018 joint study from researchers in the U.S. and China.

Short- and long-term implications

Navas-Acien believes that, in the short-term, the rescinding of the endangerment finding will lead to higher pollution levels.

“Higher pollution levels, if we allow that to happen, that means more pollutants in the air that we breathe, in the water that we drink, in the food that we eat,” she said. “And that’s going to result in a higher burden of chronic diseases and even not just chronic disease, but also like heart attacks.”

Research has shown that in the days following an increased level of air pollutants, there are more visits to emergency rooms and hospital admissions for cardiorespiratory events, according to Navas-Acien.

“So that tells you that the impacts of pollution, in the short term, are very rapid,” she added.

In the absence of federal protections, Navas-Acien and Chen said state and local leaders can take actions to reduce greenhouse gas emissions and improve air quality.

On the individual level, to protect yourself, the experts recommend frequently checking the air quality in your area, wearing a mask if air pollution levels are high and supporting the creation of urban green spaces to combat climate change.

Chen said the EPA rescinding the endangerment finding is “very concerning” because “the scientific evidence has not become weaker, but actually became much stronger, showing the health harms from the climate change stirring from the greenhouse gas emissions. This rollback of policy will actually be threatening millions of Americans’ lives.”

“Climate change is impacting our health right now,” Chen continued. “It’s not a political debate. It is science and the science is clear. We need to take action.”

Former CNN journalist Don Lemon pleads not guilty to charges in Minnesota church incident

February 13, 2026 by WDNY Radio

(ST. PAUL, Minn.) — Former CNN journalist Don Lemon pleaded not guilty on Friday to federal civil rights charges in connection with an incident in which anti-ICE protesters disrupted a service at a Minnesota church.

Lemon appeared in federal court in St. Paul before Magistrate Judge Douglas Micko, following his arrest in Los Angeles last month.

This is a developing story. Check back for updates.

Missing Texas college student found safe, campus police say

February 13, 2026 by WDNY Radio

(DALLAS) — A missing Texas college student has been found safe, police said Friday.

Brianna Arango, 21, a student at Southern Methodist University, was reported missing on Thursday, according to police.

A family member contacted SMU Police at approximately 3:30 p.m. Thursday to report that Arango did not meet with them as planned earlier that afternoon, campus police said. She had a class at 1 p.m. that she also did not attend, police said.

She was last seen that day on the Dallas campus around 12:30 p.m. near Harold Simmons Hall, according to the Southern Methodist University Police Department.

SMU Police said in an advisory on Thursday that they were working to locate her and were “treating this as a matter of concern” while asking for the campus community’s help in locating her.

Campus police updated Friday that they had located Arangao and she is safe.

The incident remains under investigation, police said.

“We know this situation was concerning for many in our community, and we are grateful for your attention and assistance,” SMU Police said. “This remains an active investigation, and law enforcement is limited in the details that can be shared at this time.”

ICE says 2 of its officers may have lied under oath about shooting migrant in Minnesota

February 13, 2026 by WDNY Radio

(WASHINGTON) — 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 agent fatally shot Renee Good in 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.”

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.”

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.

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.

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