In September, Immigration and Customs Enforcement (ICE) officer Victor Mojica was filmed pushing a woman into a hallway and then to the ground at an immigration court in New York. The incident rapidly circulated online, leading the Department of Homeland Security (DHS) to place Mojica on administrative leave. This public announcement of administrative leave was an uncommon occurrence for the department.
Within 72 hours, Mojica was returned to active duty.
Investigation Details
NPR has reported that Mojica's reinstatement occurred before the DHS Office of Inspector General (OIG) concluded its review of his behavior. The OIG ultimately determined, nearly two months later on November 25, that the incident did not warrant a criminal investigation.
The disclosure of these circumstances has prompted questions regarding the adequacy of DHS oversight mechanisms for investigating employee misconduct. These questions emerge as the department has altered some internal oversight agencies and faces pressure from past administration officials concerning deportation enforcement.
Critics and former ICE personnel have voiced concerns that a lack of transparency in DHS disciplinary practices may impact public trust in federal law enforcement. Jason Houser, former ICE chief of staff under President Biden, stated that the incident contributes to perceptions of ICE officers and that law enforcement is being "hyper-politicized."
DHS has not responded to NPR's inquiries about its investigation processes and procedures.
Department's Initial Response and Reinstatement
When Mojica was initially suspended, DHS issued a statement criticizing his actions. Tricia McLaughlin, Assistant Secretary of Media Affairs at DHS, stated at the time, "The officer's conduct in this video is unacceptable and beneath the men and women of ICE. Our ICE law enforcement are held to the highest professional standards and this officer is being relieved of current duties as we conduct a full investigation."
NPR had previously documented other instances of Mojica's use of force during his tenure.
A few days later, Mojica returned to "full active duty" at ICE, as reported by media. This news was shared on social media by individuals including Stephen Miller, identified as an architect of the Trump administration's immigration policies. No further explanation for his reinstatement was publicly provided by DHS.
Congressional Inquiry
Rep. Dan Goldman, a Democrat representing the New York district where the incident occurred, sought clarification regarding Mojica's return to duty. He questioned Homeland Security Secretary Kristi Noem at a recent hearing.
Noem’s written response to Goldman indicated that ICE referred the incident "for appropriate review," and the DHS OIG decided not to open a criminal investigation on November 25. It was not clarified why Mojica was reinstated before the OIG's review was closed. It also remains unclear whether the inspector general, Joseph Cuffari, is pursuing an administrative complaint against Mojica.
Noem's response to Goldman cited that "ICE officers continue to operate in a highly challenging and increasingly dangerous environment." She added, "Allegations of excessive force are reviewed through established internal mechanisms and accountability is imposed where warranted, consistent with law and due process. DHS will not litigate individual personnel matters through correspondence."
Goldman described the letter as "a wholly unsatisfactory response," stating it "didn't answer the question as to what investigation had been done in the three days between the incident and when he was reinstated, and certainly did not provide any more information about any additional investigation by the inspector general or anyone else." He added that it "begs more questions than it answers."
DHS Discipline Concerns
Concerns about DHS's methods for investigating and disciplining employees predate the Trump administration. A review conducted by the DHS OIG during the Biden administration, covering nearly a decade, found that ICE had not consistently followed its written policy for disciplinary reviews of senior executive employees.
Immigration policy experts suggest that previous issues could be amplified by a rapid increase in officer hiring and pressure on the agency to detain more immigrants. For instance, the Migration Policy Institute (MPI) has indicated that the rapid expansion of Border Patrol in the mid-2000s may have led to relaxed training and applicant vetting, potentially contributing to an increase in misconduct.
Noem's letter to Rep. Goldman also stated that ICE utilizes internal processes, including its Office of Professional Responsibility (OPR), to address personnel and compliance matters, declining to provide further details as the information "is not appropriate for public disclosure."
Darius Reeves, a former ICE field office director, noted that administrative matters are typically handled by the OPR, particularly if broader systemic issues are not present. Reeves, who served during the first Trump administration, suggested that quick reinstatement for a non-criminal complaint might be reasonable given an administration's focus on arrests. However, he also stated that DHS should have provided a public explanation for Mojica's reinstatement given its initial public condemnation of the incident. Reeves commented on the perceived impact on ICE's professionalism, stating, "ICE is losing its professionalism" and has "lost what I've always deemed us to be: the silent service."
Houser, the former ICE chief of staff, affirmed that both the OIG and OPR could still be reviewing such a case, but emphasized that these processes are extensive. He stated that investigations require "a lot of time and diligence and it doesn't happen overnight and it doesn't happen over a weekend," and should be conducted by law enforcement without political motives, involving a "long paper trail of interviews, of witnesses and review and assessment." He concluded, "It's not just brushed under the rug over a weekend."