DHS’s account of two Venezuelans shot by border patrol falls apart in court: ‘A smear campaign’

https://www.theguardian.com/us-news/2026/feb/02/portland-venezuelans-shot-border-patrol-court

DHS’s account of two Venezuelans shot by border patrol falls apart in court: ‘A smear campaign’

Immigration officials said agent shot two ‘vicious gang members’ in Portland, but records obtained by the Guardian reveal US prosecutor contradicted claims

Mon 2 Feb 2026 19.09 EST

Immediately after a US border patrol agent shot two people in Oregon last month, the Department of Homeland Security (DHS) said the targets were “vicious” gang members connected to a prior shooting and alleged they had “attempted to run over” officers with their vehicle.

In the weeks since, key parts of the federal government’s narrative have fallen apart.

…

But court records obtained by the Guardian reveal a Department of Justice prosecutor later directly contradicted DHS’ Tren de Aragua statements in court, telling a judge, “We’re not suggesting … [Niño-Moncada] is a gang member.” An FBI affidavit issued following the incident also suggests that in the previous shooting cited by DHS, Zambrano-Contreras was not a suspect, but rather a reported victim of a sexual assault and robbery. Neither Niño-Moncada or Zambrano-Contreras have prior criminal convictions, their lawyers have said.