Shot by ICE and still in pain, DHS oversight questioned

DHS oversight – More than eight months after federal agents shot and wounded an undocumented man during an immigration enforcement operation in Los Angeles, his son says he remains in pain and still can’t get the medical care his family believes he needs. Lawyers allege a lac

Just about every Saturday, Ulises Parias drives two hours to see his father at the Adelanto Detention Center in California. The routine is steady, but what his son brings back—updates, phone calls, worries—has started to feel heavier with every month.

His father, Carlitos Ricardo “Richard” Parias, was shot by federal agents during an immigration enforcement arrest in Los Angeles. It has been more than eight months since the incident. and his son says the injury has become a constant companion rather than something healing. Carlitos Parias reports left-arm pain and headaches, fevers and blurry vision. The family also says he has not been getting adequate medical care. including pain medication and physical therapy. after the shooting.

“The last thing he told me was, have a good day at school. Then, like five minutes later, I heard some commotion outside,” Ulises Parias, 20, told NPR in an interview. “My heart stopped for a minute, and then I quickly went outside [to] the streets. And that’s when I found my dad’s car. The window was shattered.”.

Attorneys representing Parias say they have tried to secure his release from detention while his immigration case plays out. So far, that request has been denied.

Margaret Hellerstein. an immigration attorney for Parias. argues his case shows how narrow oversight and limited resources can be for someone who is both detained by the federal government and injured by the agency that is holding him. “There are not enough people, and there’s not enough concern. And that’s leading to permanent disability and death,” she said. “The legal avenues have been exhausted at this point.”.

Hellerstein said Parias has no criminal record or prior infraction before the incident where he was shot. The account of the shooting itself, and what happened after it, has turned into a dispute over what oversight looks like when the person who claims harm is also the person in custody.

The shooting began in October, when Parias was leaving his home and vehicles driven by federal officers blocked his path. Body camera footage released by the Los Angeles Times shows several federal agents surrounding the vehicle. In the footage, an officer says, “I’m going to break the window,” shortly after Parias stops. The officer then begins smashing the passenger-side window of the car Parias was driving while holding a gun in the other hand.

Spanish commands are heard from officers saying. “I am going to shoot you” and “turn off the car.” Others yell. “Police. get out!” Several officers drew firearms as Parias appeared to try to move his car. which was blocked by a larger police vehicle. Parias can be heard yelling in Spanish. “I don’t have anything” and “kill me.” Officers also yell instructions including “if you move we will shoot” and “turn off the car. ” and seconds later. an officer opened fire.

After the shooting, Parias was taken to a hospital to be treated for a gunshot wound near his left elbow. The bullet also hit a U.S. marshal who was part of the operation.

In a statement to NPR. a DHS spokesperson said. “All use-of-force incidents involving individuals in ICE custody are documented and subject to internal review. consistent with ICE detention standards and DHS oversight requirements.” The agency did not respond to questions about the outcome of any investigation into this use of force.

While the injury was being treated, the legal process moved in parallel. Following the shooting, the federal government brought criminal charges against Parias: assault on a federal officer. After spending nearly a week in the hospital in October. Parias was placed in federal criminal custody while those charges played out in federal court. In November. he was released and transferred to ICE custody. which court records state was done pursuant to the Laken Riley Act.

The Laken Riley Act—the first bill President Trump signed into law in his second term—expanded who federal immigration enforcement is directed to detain and deport. It directs ICE to detain and deport those without legal status charged with minor theft or shoplifting. assault of a law enforcement officer. or crimes resulting in death or serious bodily injury of another person. It broadly expanded the scope of who ICE would prioritize for detention.

In December, U.S. District Judge Fernando Olgin dismissed the charges against Parias, citing, among other reasons, that he had not received constitutionally adequate access to legal representation. The government is appealing that decision and disputing that Parias was deprived of access to counsel.

While Parias remained in ICE custody. immigration attorneys submitted a habeas petition in District Court to Judge Olgin. asking for a ruling that Parias should not be detained. Hellerstein said the system offers few pathways—especially for people who do not have criminal cases or other avenues that would ordinarily open the door to bond. “No one is eligible for bond. No one is eligible for a [bond] hearing … You have to file a habeas,” she said. “Which means. unfortunately. that for people like Richard who are languishing in detention and have serious medical concerns. you could be waiting for your decision for months and months and months.”.

A federal judge then ordered an immigration judge to hold a bond hearing. In court filings to immigration court. ICE argued that the immigration judge didn’t have jurisdiction because of the Laken Riley Act. The judge agreed and ultimately denied bond, according to filings reviewed by NPR. The judge also said she would have denied bond even if the act were not in effect. because Parias could be considered a flight risk due to his lack of legal status.

Hellerstein said she does not believe the bond hearing met constitutional standards. “I don’t think that he was given a constitutionally adequate bond hearing. And to be clear, this is not unique to him. It’s the way the law is at the moment,” she said. She added that the Trump administration created a mandatory detention policy beyond the Laken Riley Act. which mandates that anyone who entered the country illegally be held in detention while they fight their case—something she said has led to high numbers of habeas petitions in federal courts.

Her immediate concern is the timing. She is asking Judge Olgin, who ordered the bond hearing, to let Parias out of detention. The request has been pending since February.

The medical dispute is at the center of the family’s daily life inside and outside the detention center. NPR reviewed medical records from November to May showing that Parias reported consistent pain and decreased mobility.

A report from May includes details of pain radiating from his neck down his arm to his left hand. It says no therapy was completed and that he had been in a sling for six months. The records detail decreased mobility in the left shoulder and note that when “palpating his left forearm … presents tears in his eyes due to pain.” For months after the shooting. he was primarily prescribed Motrin. gabapentin for seizure and nerve pain. and muscle rub cream for the pain. along with other medications.

DHS told NPR that from November to June. Parias was seen by a nurse who provided. among other things. a brace and sling. educated him on exercises to improve range of motion. and prescribed pain and anti-inflammatory medications. DHS said that in March. a nurse assessed him for increasing pain and noted decreased mobility. prompting a referral for an orthopedic evaluation and additional medications. DHS said an orthopedic surgeon evaluated him and provided a physical therapy referral. though by May his pain was still not relieving. DHS also said he has seen a doctor as recently as this week.

The family’s frustration has made it hard to separate the shooting from what comes afterward. Ulises Parias describes how the injury has changed even basic moments. In October, while the legal case was still unfolding, he said every stop and every visit came with another layer of worry.

He and other advocates also tried to pull in political help. The family and lawyers reached out to the office of Rep. Sydney Kamlager-Dove, D-Calif., and she later visited Parias at the Adelanto Detention Center. In an interview with NPR, Kamlager-Dove said she was seeking medical help, not just information.

“I have a constituent who is being detained in a facility hours from where his family lives. Who is in pain,” Kamlager-Dove said. “What I am seeking is for him to get the treatment that he needs so that he can heal and so he can also want to live.”

She said caseworkers in her office have been in touch with DHS about Parias. including with the ICE officer assigned to his case. Kamlager-Dove said the agency has been responsive, including in facilitating her visits, but not providing what she is asking for. “What I need to hear is that he is going to physical therapy. he is getting the kind of antibiotics and medical and prescription medication that he needs to help him with his vision. to help him with his headaches. to help him with his pain. ” she said.

Congressional Republicans recently approved $70 billion for immigration enforcement, including detention capacity. But oversight offices inside the agency are unfunded. including those that specifically investigated complaints about immigration detention conditions such as allegations about insufficient access to medical care.

Without control of either chamber of Congress, Democratic lawmakers and immigration advocates say they have limited leverage. Kamlager-Dove said, “We don’t have that many oversight tools. We have stretched ourselves to the limit in the hearings as a party in the minority.”

In recent weeks. other Democrats have continued to visit detention centers in New Jersey and Texas seeking to review detainees’ access to food and medical care and information about detention capacity. Kamlager-Dove said further action is shrinking without legislative power. She said she is eyeing the upcoming midterms as a chance to expand tools. “If we are victorious in November, then we will have a lot more tools at our disposal,” she said.

Back at home. the family’s legal and medical concerns collide with the everyday work of trying to keep life moving. Ulises Parias has spent time trying to fix the car in which his father was shot. He has cleaned up blood and broken glass. He picks up his sister from school. talks to his father nearly every day on the phone. and has helped navigate the complicated legal process.

“Every time a lawyer came to the house to speak with us, I had to translate everything,” Ulises Parias said. “So basically I was the only person basically helping out the family just because I was the oldest.”

Hellerstein sees Parias’ detention as tied to a broader pressure campaign. “For most people, ICE detention is not punitive. Detention is civil detention,” she said. “You are not in ICE detention because you’re being punished. You’re in ICE detention because they think you’re a danger or a flight risk.” A DHS spokesperson echoed that line in the statement to NPR. saying. “ICE detention is still not punitive.”.

Hellerstein said the “danger” justification may be easier for Parias to challenge given he has no criminal record. But she said the flight-risk logic can be broader—potentially applying to anyone without a clear path to legal status.

For now. Ulises Parias says his father is still stuck in the grip of those rules. while his son tries to keep his focus on school and on his future. Ulises Parias is working on earning a mechanical engineering degree. He said he has found moments of joy, including watching World Cup games, but it comes with a bitter edge.

“This is the first World Cup where I’m experiencing it alone. And it feels wrong. Honestly, it feels wrong knowing that I don’t have my dad to watch it with me,” he said. “So I’m hoping the next step is to get a call from the lawyer saying soon he will be with us again.”

The fight over Richard Parias’ medical care. his bond. and how federal oversight functions after a use-of-force incident are playing out on a timeline his family says has run too long. DHS says its internal review process is in place and that detention is non-punitive. His lawyers say the avenues are exhausted—while his son keeps driving two hours every Saturday. waiting for an outcome that. in their view. should have come sooner.

ICE DHS oversight Adelanto Detention Center Laken Riley Act immigration detention use of force medical care habeas petition bond hearing Fernando Olgin Curren Price