DHS statement on the Portland shooting
Tricia McLaughlinDHS Assistant Secretary for Public Affairs, spokesperson for the Department of Homeland Security
DHS spokesperson Tricia McLaughlin said the Border Patrol agent fired in self-defense because Niño-Moncada used his truck to try to run over agents during the vehicle stop.
“Fearing for his life and safety, an agent fired defensive shots... the driver allegedly weaponized his vehicle and attempted to run over the law enforcement agents.”
Reporting
Where this statement fits
Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
On January 8, 2026, at about 2:15 p.m., a U.S. Customs and Border Protection agent shot and wounded Luis David Niño-Moncada and Yorlenys Zambrano-Contreras, both Venezuelan nationals, in the parking lot of an Adventist Health clinic in Portland, Oregon's Hazelwood neighborhood, during a vehicle stop conducted by a team of Border Patrol agents. DHS spokesperson Tricia McLaughlin said the agent fired in self-defense after the driver, Niño-Moncada, 'weaponized his vehicle and attempted to run over the law enforcement agents'; agents said he repeatedly reversed and drove his truck into an unoccupied rental vehicle used by the agents. Initial reporting described the pair as unarmed. DHS also alleged the two had ties to the Tren de Aragua gang and, in Zambrano-Contreras's case, a prostitution ring; Portland Police Chief Bob Day said the gang information did not draw a 'throughline' to the shooting itself. The FBI opened an investigation and initially reported finding no video of the shooting; Oregon's Department of Justice separately opened an investigation. The shooting prompted protests in Portland, including at least six arrests. Niño-Moncada was charged with aggravated assault of a federal officer and damaging federal property; Zambrano-Contreras was charged with improper entry by an alien and pleaded guilty within days, receiving probation. In February 2026, a nearby treatment center released surveillance video that offered a partial view of the incident. In July 2026, federal prosecutors disclaimed the gang-membership allegation and dropped the assault charge, and Niño-Moncada pleaded guilty to the lesser property-damage charge; he was sentenced in September 2026 to time served and ordered deported. Court filings unsealed in September 2026 also disclosed that a Portland police officer's body camera captured a Border Patrol agent attempting to remove an unfired bullet from the scene before being stopped.
Source and context
Reporting
About this source
Reporting quoting DHS Assistant Secretary Tricia McLaughlin's official account of the January 8, 2026 shooting, including the self-defense and 'weaponized his vehicle' characterization; also gives shooting time/location and initial victim identification.
Before the quotation
Agents shot and wounded Niño-Moncada and Zambrano-Contreras during a vehicle stop in a Portland hospital parking lot on the afternoon of January 8, 2026; initial reporting described the pair as unarmed.
After the quotation
Federal prosecutors later told a court they were not suggesting Niño-Moncada was a gang member, and in July 2026 dropped the aggravated-assault charge tied to the alleged vehicle attack, accepting a guilty plea to a lesser property-damage charge instead.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
McLaughlin's statement defends the agent's decision to shoot by characterizing the driver's actions as a deadly threat that justified defensive force, directly excusing the use of force at issue in this case.
- Recorded on
- Published here
- People and groups discussed
- U.S. Customs and Border Protection, Luis David Niño-Moncada
More from this case
Read the full caseU.S. Attorney's Office for Oregon says an officer fired only after the truck hit a government car twice
U.S. Attorney's Office for the District of Oregon
“As part of his plea agreement, Nino-Moncada admitted that his conduct placed others at risk of serious bodily injury and that he was conscious of or recklessly disregarded that risk. It was only after defendant struck the government car twice, within just a few feet of the officers’ positions, and with one officer in the path of the truck, that a government officer fired two shots at defendant.”Read statement
Federal prosecutors say the agent's decision to shoot was reasonable
U.S. Attorney's Office for the District of Oregon
“supports that the shooting officer’s reaction in shooting after the Tacoma nearly ran him over was reasonable in the face of such danger occurring within those brief seconds.”Read statement
Federal defender says the agent likely fired to stop the truck from fleeing, not in self-defense
“was not in position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.”Read statement
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The Dispute Index. "DHS statement on the Portland shooting". First published: 2026-09-24. Last updated: 2026-09-24. https://disputeindex.com/events/2192-dhs-spokesperson-tricia-mclaughlin-said-the-border-patrol