The Trump administration slapped federal charges on two illegal migrants accused of shooting an off-duty border officer in the face in New York City.
Federal prosecutors on Thursday charged Miguel Francisco Mora Nunez with one count of possession of ammunition by an illegal migrant and Christhian Aybar-Berroa with accessory after the fact, according to an announcement from the Department of Justice (DOJ). The two men, both of whom are Dominican nationals living in the U.S. unlawfully, allegedly attacked a Customs and Border Protection (CBP) officer earlier in July in a robbery gone wrong.
“As alleged, Miguel Mora Nunez and Christhian Aybar-Berroa came to a New York City park and Mora Nunez opened fire — hitting a federal officer in the face,” U.S. Attorney Jay Clayton said in a public statement.
“Gun violence will not go unanswered,” Clayton continued. “Our office will relentlessly pursue anyone who threatens the safety of New Yorkers and the federal officers sworn to protect them.”
Mora Nunez and Aybar-Berro allegedly drove through Washington Park in Manhattan, New York, on a moped on July 19 and ambushed the CBP officer, who was with a friend, according to prosecutors. Mora Nunez attempted to rob the officer, shooting him in the face and right arm, but the officer returned fire, resulting in Mora Nunez being hit twice.
The Department of Homeland Security (DHS) released security camera footage of the incident.
The pair were taken into law enforcement custody on Monday, DHS confirmed. Both men have extensive criminal histories in New York City.
The New York Police Department (NYPD) arrested Mora Nunez for felony grand larceny, petit larceny and reckless driving in October 2023, according to DHS. He was also arrested for second and third degree assault in October 2024, criminal contempt in November 2024 and again in January 2025. The Leominster Police Department in Massachusetts issued a criminal warrant for him for armed robbery in February 2025.
The NYPD arrested Aybar-Berro for reckless endangerment in May 2023, grand larceny and petit larceny in March 2024, felony grand larceny and petit larceny in April 2024 — and released him back into the community despite an immigration detainer, according to DHS. He was rearrested for reckless endangerment, reckless driving and driving without a license in February 2025. He also received a conditional discharge in June 2025 after pleading guilty in the consolidation of all his previous arrests.
“As alleged, these defendants entered and spent years in our country illegally, and their criminal activity culminated in Saturday night’s near-deadly attack on one of our own,” HSI Special Agent in Charge Ricky Patel said in a public statement. “Today’s announcement underscores HSI New York’s tireless commitment to answers, and ultimately justice on behalf of our DHS family, alongside our partners from CBP, the NYPD, and the United States Attorney’s Office for Southern District of New York.”
The attack against the off-duty CBP officer comes amid growing tensions between the Trump administration and New York City officials, who are continuing to spar over the city’s sanctuary laws restricting cooperation between federal immigration authorities and local police. The DOJ announced a lawsuit against New York City Mayor Eric Adams and other city officials on Thursday over the Big Apple’s sanctuary policies.
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