ICE agent put on leave, then reinstated, despite active review : NPR

In less than 72 hours, Immigration and Customs Enforcement Officer Victor Mojica went from widely criticized And placed on administrative leave – to be returned to his old job.

On a Friday in September, Mojica was caught on multiple cameras roughly pushing a woman into a hallway and then throwing her to the ground as the woman screamed.

The incident in New York immigration court quickly spread online and prompted the Department of Homeland Security to place Mojica on administrative leave, a rare instance of such leave being publicly announced.

By the following Monday, Mojica was back at work without any further explanation from the agency.

NPR has now learned that he returned to work before the Department of Homeland Security's internal watchdog completed its review of his conduct. Ultimately, nearly two months later, the DHS Office of Inspector General decided the incident did not merit a criminal investigation.

The disclosure of the investigation raises questions about the adequacy of DHS's oversight mechanisms for investigating employee misconduct. This is because the department has gutted some internal supervisory authorities and faces are consistent pressure from Trump officials increase deportations.

Administration critics and former ICE officials also worry that a lack of transparency in DHS's disciplinary practices could further erode trust in federal law enforcement.

“The scary thing is that this is just one small instance of a larger systemic problem of hyperpoliticization of law enforcement,” said Jason Houser, former ICE chief of staff under President Biden. He said the incident reinforces negative perceptions among ICE officers.

DHS did not respond to NPR's questions about the investigation's process and procedures.

When Mojica was first suspended, DHS issued a statement criticizing his behavior.

“The officer’s behavior in this video is unacceptable and beneath the men and women of ICE,” Tricia McLaughlin, assistant secretary for media relations at DHS, said at the time. “Our ICE enforcement agencies are held to the highest professional standards, and this officer is relieved of current duties as we conduct a full investigation.”

NPR also had documented the officer's previous use of force while at work.

But within days, Mojica was back on “full active duty” with ICE, according to media reports at that time. The news was recirculated on social media by Trump advisers, including Deputy Chief of Staff Stephen Miller, who is considered one of the architects of Trump's aggressive immigration policies. No further explanation was provided.

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Rep. Dan Goldman, a Democrat, represents the New York district that includes the immigration court where the incident occurred. He also had was interested in getting answers about what happened to Mojica.

He asked Homeland Security Secretary Kristi Noem about it's at a hearing this monthand Noem promised she would give the congressman “the investigation and information you need.”

Noem's response, as reported by NPR. undated letterconsisted of five paragraphs. She said ICE has referred the incident “for appropriate review.” And on November 25, the DHS Office of Inspector General decided not to pursue a criminal investigation.

It was not immediately clear why Mojica was able to return to work before the agency's inspector general's office completed its review of his conduct.

It is also unclear whether Inspector General Joseph Cuffari, confirmed by the Senate during Trump's first term, is filing an administrative complaint against Mojica.

“ICE officers continue to work in very difficult and increasingly dangerous conditions,” Noem said in his response. “Allegations of excessive force are addressed through established internal mechanisms and accountability is assigned where warranted, consistent with the law and due process. DHS will not dispute individual personnel matters through correspondence.”

Goldman called the letter “a completely unsatisfactory response.”

It “did not answer the question of what investigation was conducted in the three days between the incident and the time of his reinstatement, and certainly did not provide any additional information about any additional investigation by the inspector general or anyone else,” Goldman said in an interview.

“So it raises more questions than it answers.”

Concerns about DHS discipline

Concerns about how DHS conducts investigations and disciplines its employees predate President Trump.

During the Biden administration, DHS OIG conducted a review of senior management policies and procedures spanning nearly a decade. found that ICE did not follow its written policy when conducting disciplinary reviews of these employees.

But immigration policy experts say previous problems could be exacerbated by rapid growth hiring new officersand the pressure the agency faces to detain more immigrants.

For example, groups like the Migration Policy Institute say the rapid expansion of the Border Patrol in the mid-2000s led to reduced training costs and easier screening of applicants, two factors that may have contributed to the increase in violations.

Noem's letter to Rep. Goldman also said ICE relies on internal processes, including through its Office of Professional Responsibility, to resolve personnel and compliance issues. She declined to provide further details, saying the information was “not subject to public disclosure.”

Darius Reeves, former director of ICE's Baltimore field office for enforcement and deportation, said referring administrative matters to the Office of Professional Responsibility is standard, especially if there are no broader systemic problems.

Reeves worked at the agency during the first Trump administration and left after the Biden administration.

According to him, if this was not a criminal case, it would be reasonable to quickly reinstate the officer, given the pressure from the administration to make arrests. But he said DHS should have given the public a more detailed explanation of why it reinstated Mojica since it publicly condemned the incident.

“ICE is losing its professionalism,” he said, referring to the lack of public response and viral moments like this one. “ICE has lost what I always thought we were: silent service.”

Houser, the former ICE chief of staff, agreed that both the inspector general and the internal office of professional responsibility could still investigate such a case, but the process is lengthy.

“It takes a lot of time and dedication, and it won’t happen overnight and it won’t happen over a weekend,” Houser said. He said the investigation could be followed by additional review by legal counsel across the agency.

“These processes must be carried out by those who will not have political motives as a goal. They must be carried out by law enforcement agencies,” he said. “And when this happened historically, there was a long paper trail of interviews, witnesses, reviews and assessments.

“It’s not something you can just sweep under the rug for the weekend.”