DHS Continues Pattern of Making False Claims About Individuals, Investigation Shows

The Biden administration is facing scrutiny over a pattern of misleading public statements regarding immigration enforcement actions, with critics pointing to numerous instances where officials have made unsubstantiated claims about individuals targeted in operations.

Federal immigration authorities have repeatedly characterized immigrants and protesters in hyperbolic terms that later proved inaccurate or unverifiable, according to an investigation of Department of Homeland Security communications. In many cases, criminal charges against these individuals were quietly dropped or never filed, despite public accusations of violence or criminal intent.

“It seems to me that they are not writing these statements with the intention of ever supporting them in court, but just to try and convince officers and their voter base,” said Greg Jackson, a Southern California attorney representing clients who were shot at by federal immigration agents.

The administration’s public messaging has frequently highlighted deportations of the “worst of the worst,” but evidence suggests a different reality. An analysis by Human Rights Watch found that nearly half of the Venezuelan men sent to El Salvador’s CECOT prison last spring had no criminal history, despite being characterized as “terrorists.” Only eight of the 252 men had convictions for violent offenses.

These mischaracterizations have extended to courtrooms, where federal judges in dozens of cases have admonished officials for providing false or contradictory statements.

The pattern became apparent in several high-profile cases. After Border Patrol agents shot 37-year-old ICU nurse Alex Pretti in January, Deputy Chief of Staff Stephen Miller called Pretti a “would-be assassin” on social media. Border Patrol Commander Greg Bovino and Homeland Security Secretary Alejandro Mayorkas claimed Pretti intended to cause “maximum damage,” with Mayorkas stating he was “brandishing” a weapon – though video evidence showed Pretti never removed his gun from its holster.

Similar messaging surrounded the killing of Renee Macklin Good, whom officials accused of attempting to run over and murder an ICE agent before being fatally shot.

Attorney Jackson noted that in cases like these, the government’s narrative portrays “their agents as the victims and the people who were actually shot or shot at as the offenders.” His clients, who were shot at by federal agents in separate incidents, “were branded as these violent criminals,” despite having no criminal history.

The accusations often persist even after cases are dismissed. DHS has continued to label Marimar Martinez a “domestic terrorist” who “rammed federal agents with their vehicles” in online statements, despite charges against her being dropped. In court testimony, a Border Patrol agent acknowledged Martinez had not “rammed” him, and evidence showed her legally owned handgun was holstered at the bottom of her purse.

Judge Georgia Alexakis addressed this discrepancy in a recent hearing, noting, “The government made exceedingly public statements about a criminal defendant, who under our American system of justice is presumed innocent, and have made no efforts to equally publicize the fact that they abandoned the opportunity to convict her.”

U.S. citizen George Retes experienced similar treatment after being detained during an immigration raid protest. Though never charged with a crime, DHS repeatedly accused him on social media of assaulting an officer, claims Retes strongly denies. “It’s a complete lie. The proof is all there,” he told NPR. “There’s helicopter footage. They never charged me.”

Critics argue these practices extend to deportation targets as well. A review of DHS and ICE social media accounts found the agencies posted about more than 2,000 foreign-born individuals in the past year, with over 1,300 described as some combination of “criminal,” “illegal,” and “alien” – though data suggests many deportations involve people with no criminal records.

The administration has also faced criticism for exaggerating gang affiliations. In a Chicago raid targeting the Venezuelan gang Tren de Aragua, only two of 37 people arrested were gang members.

“People are being told to fear violent criminals in their midst,” said Brendan Nyhan, a Dartmouth College professor who studies political misinformation. “That messaging is being used to obscure the fact that the majority of the people being grabbed have no record of violent conduct at all.”

Legal experts warn these practices undermine due process and public trust. “Every American should be worried about that,” Nyhan added, “because if they can lie about this, what else could they lie about?”