FBI agents around the country received guidance last week that they will no longer participate in investigations of assaults on immigration agents, including incidents that culminate in an immigration agent opening fire, emails reviewed by CBS News show. Instead, an arm of Immigration and Customs Enforcement called Homeland Security Investigations will handle the probes.
Justice Department and Homeland Security Department officials deny such a policy change is taking place.
But in the emails reviewed by CBS News, FBI officials and HSI special agents in field offices were advised that the FBI would be deferring on all assault on federal officer inquiries involving DHS agents to HSI. In one email sent to FBI field offices, agents in each office were asked to compile a list of existing investigations involving assaults on federal officers from DHS. HSI and ICE are overseen by the Department of Homeland Security, meaning the immigration enforcement agency would effectively be investigating incidents involving its own agents.
The FBI has historically served as the lead law enforcement agency to investigate assaults against federal agents. The bureau also handles highly specialized color-of-law civil rights investigations, such as when civilians are killed by police. Several high-profile fatal shootings by immigration agents over the last 18 months have involved elements of both, with DHS alleging agents were assaulted before they discharged their firearms.
Unlike the FBI, HSI is not typically tasked with investigating officer-involved shootings and is not structured or equipped to handle core elements of such cases, including ballistics analysis, forensic processing, firearm examinations, video review and large-scale witness canvassing, CBS News has previously reported. HSI typically handles a wide variety of cross-border crimes, ranging from human trafficking and cybercrime to art smuggling.
The change was first reported by The New York Times. Sources familiar with the matter told CBS News that the directive was issued on Thursday to leaders in various FBI field offices.
Both DHS and the Justice Department publicly have denied that any such change is taking place, with each agency posting on X that the changes reported in the media on how assault investigations involving DHS agents would be investigated were “false.”
The FBI “will continue to investigate in accordance with agency policy,” the Justice Department wrote on X. “This administration has been clear, anyone who assaults law enforcement will be prosecuted to the fullest extent of the law.”
FBI Agents Told To Stand Down On Assault Probes Involving ICE Officers; DOJ Denies Policy Shift
