Niche News

Man indicted in Pittsburgh for allegedly assaulting ICE officer after attempted illegal gun purchase

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Key takeaways

  • A federal grand jury in Pittsburgh indicted Darwin Alexander Davila-Perez for allegedly assaulting a U.S. Immigration and Customs Enforcement (ICE) officer during a December 17, 2025 enforcement stop.
  • DHS says Davila-Perez had attempted to buy a firearm illegally and falsely claimed U.S. citizenship; he allegedly resisted a vehicle stop, rammed a law enforcement vehicle, elbowed an officer, tried to unholster an officer’s gun, and struck and bit an officer with a handcuff.
  • Several officers suffered abrasions, bruises and a bite mark requiring medical attention during the incident.
  • Davila-Perez was charged with assaulting a federal officer and faces up to 20 years in prison, a $250,000 fine, or both.
  • DHS states Davila-Perez entered the United States from Mexico on December 2, 2022 at the Paso Del Norte Port of Entry and was released into the country.
  • The DHS statement quoted Assistant Secretary Tricia McLaughlin and Secretary Kristi Noem, and included claims of large percentage increases in assaults, vehicular attacks and death threats against officers.
  • The public can report doxing or harassment of ICE officers via the phone number 866-DHS-2-ICE (866-347-2423) or ICE’s online tip form (links provided in the release).

Follow Up Questions

What does being indicted by a federal grand jury mean and what are the next legal steps?Expand

An indictment means a federal grand jury found probable cause to formally accuse someone of a felony — it is not a conviction. Typical next steps: initial/federal magistrate court appearance (or arrest), arraignment where charges are read and a plea entered, possible detention/bail hearing, pretrial discovery and motions, plea negotiations or a trial, and, if convicted, sentencing.

Under what federal statute is "assaulting a federal officer" charged, and why can it carry up to 20 years in prison?Expand

Assaulting a federal officer is charged under 18 U.S.C. §111. Subsection (a) covers simple assault/resistance (penalties up to 1 year or up to 8 years for physical contact/intent to commit another felony); subsection (b) adds an enhanced penalty (up to 20 years and higher fines) when a deadly or dangerous weapon is used or bodily injury is inflicted — explaining the up-to-20-year maximum cited by DHS.

What is ICE and what authority does it have to conduct targeted enforcement operations?Expand

ICE (U.S. Immigration and Customs Enforcement) is a DHS law-enforcement agency responsible for immigration enforcement and investigations (e.g., identifying/removing removable noncitizens, arrests in enforcement operations, and criminal investigations). ICE conducts targeted enforcement operations under its statutory authority to locate and arrest noncitizens who violate immigration laws or pose threats to public safety.

What does DHS mean when it says Davila-Perez was "released by the Biden administration" after entering the U.S. at Paso Del Norte?Expand

DHS’s phrasing that Davila‑Perez was “released by the Biden administration” likely refers to his administrative release from custody or release on parole/notice to appear after entry at the Paso Del Norte port of entry in Dec. 2022; that phrase signals DHS records show he entered and was not held in detention—specific case paperwork (e.g., CBP/ICE records) would show whether he was paroled, released on bond, or allowed into the U.S. pending immigration proceedings. Public DHS statements don’t spell out the precise release mechanism.

What federal laws prohibit noncitizens from purchasing or possessing firearms, and what penalties apply for attempted illegal purchase?Expand

Federal law (18 U.S.C. §922(g)(5)(A)) bars unlawful or inadmissible nonimmigrants from possessing firearms; 18 U.S.C. §922(a)(6) bans making false statements to acquire a firearm (e.g., falsely claiming U.S. citizenship). Penalties can include felony prosecution, imprisonment, and fines — false statements to obtain a firearm can carry up to 10 years under §922(a)(6); unlawful possession by certain noncitizens is punishable under §922(g) and related statutes. State charges may also apply.

What evidence or source supports DHS’s claim of a 1,300% increase in assaults, a 3,200% increase in vehicular attacks, and an 8,000% increase in death threats against officers?Expand

DHS’s percentage claims (1,300% assaults, 3,200% vehicular attacks, 8,000% death threats) in the press release are asserted without a detailed data source in that release. DHS has reported officer-safety incident trends elsewhere (e.g., internal ICE safety reports or DHS summaries), but the specific basis for those exact percentages is not linked in the release and was not cited there.

What is the Paso Del Norte Port of Entry and how does entry there affect a person’s immigration status or processing?Expand

The Paso Del Norte Port of Entry (El Paso, Texas) is a major U.S.–Mexico land crossing where Customs and Border Protection (CBP) inspects arriving noncitizens. Entry there subjects a person to immigration inspection and determines admissibility; admissible entrants may be paroled or admitted, while inadmissible persons can be detained, removed, or issued notices to appear. How entry affects status depends on CBP/ICE decisions and any subsequent immigration proceedings.

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