The FBI is not conducting a civil rights investigation into the shooting death of Johan Sebastián Durán Guerrero, a Colombian man killed by a federal immigration officer in Biddeford, Maine, on July 13, according to multiple sources cited by CBS News. The incident has raised questions about the use of force during immigration enforcement operations.

The Department of Homeland Security stated that the officer fired his weapon out of concern for "public safety" after Guerrero allegedly attempted to flee in his vehicle. Surveillance footage from the Biddeford neighborhood captured the shooting, and a witness reported hearing Guerrero speak during the encounter.

Border czar Tom Homan publicly acknowledged that the agent involved may not have been properly vetted, following an Associated Press report revealing the officer's identity and a history of abusive and violent behavior.

Legal experts expressed surprise at the absence of an FBI civil rights investigation. Sam Trepel, a former federal civil rights prosecutor and current Rule of Law Program Director at States United Democracy Center, said, "I would expect that if things were operating as they traditionally have, that this would be a case where the FBI would be investigating."

Kristy Parker, former deputy chief in the Civil Rights criminal section and current counsel at Protect Democracy, added, "In any universe that I ever operated in before now, something that is this high of a profile where there is a clear public concern around what happened, the Civil Rights Division and the FBI would be the lead of it."

The Maine state attorney general's office is investigating the shooting and has interviewed Guerrero's partner and the mother of their daughter, Karolina Rojas Alvarez.

This shooting is part of a broader pattern of clashes between ICE agents and civilians amid increased immigration enforcement nationwide. Other notable cases include the killings of Renee Good and Alex Pretti in Minneapolis and Lorenzo Salgado Araujo in Houston.

Recently, the FBI assisted in a criminal case in the Western District of Texas involving a Customs and Border Protection agent charged in July for allegedly using unreasonable force during an August 2021 incident.

According to the Justice Department manual, the Maine shooting would likely be considered a matter of national public interest due to allegations of a color-of-law violation resulting in death. However, per standard procedure, the Department of Homeland Security's Inspector General leads officer-involved shooting investigations, with the FBI providing assistance.

Despite the FBI's expertise in investigating potential civil rights violations, sources told CBS News they are unaware of any FBI or federal agency presence in Maine conducting an investigation into this matter.

Sources