Todd Lyons Tells Brian Kilmeade He Had 'Issues' With ICE Shooting Footage

Todd Lyons, the former acting director of U.S. Immigration and Customs Enforcement, defended the officers who shot a man in New York City last week. But he told Brian Kilmeade on Monday that he had "issues" with the footage of the encounter.

Lyons did not say what those issues were. Kilmeade asked about criticism that the officers wore nothing marking them as law enforcement, and Lyons answered, "I'm really looking forward to Secretary Mullin releasing the body cam footage. I saw the same footage you saw, there was some issues that I had with it."

He went straight back to defending the agents. "But again, they're in a neighborhood where they're not wanted. They're trying to stay low-viz, they've already had a guy that's run from him," Lyons said, before asking for patience: "Let's not jump ahead and just try to focus on ICE is the bad guy, which everybody does. Let's go ahead, let HSI, let FBI do their investigation."

What Is Known About the Oscar Bergal Shooting

ICE officers shot Oscar Bergal, 28, on Thursday, October 8, in Marble Hill, at the northern tip of Manhattan, while he sat in his car with his 5-year-old son. A shot fired through the windshield hit Bergal in the neck, CBS New York reported. He survived. His son was not hit.

The Department of Homeland Security said that Bergal, a Dominican national it links to the Trinitarios gang, refused orders to get out of the car, "accelerated and smashed into two government vehicles" and then drove toward officers. The FBI and Homeland Security Investigations are investigating, and so is the office of Bronx District Attorney Darcel Clark, NY1 reported. The two surveillance angles released so far do not show the moment the shots were fired, and NYPD body camera video shows only what happened afterward. DHS Secretary Markwayne Mullin has said ICE will release its own body camera footage but has not said when.

No court has tested the hosts' account of Bergal. Kilmeade said he had attacked his neighbors with a machete, and Lyons called him "a known gang member." DHS's own account of the shooting does not mention a machete. Bergal does have a grand larceny conviction and earlier arrests for assault, robbery and weapons possession, according to CBS New York.

Lyons put the blame on Bergal: "It's his fault, 100% his fault." Mayor Zohran Mamdani, who spoke with President Donald Trump and Mullin for two hours Thursday night, wants more than a review of the shooting. "I am demanding that ICE cease their operations in our city immediately," he said.

Brian Kilmeade Presses Todd Lyons on Deportation Polling

Near the end of the interview, Kilmeade cited a poll without naming it: "they did a survey and they said 53% of the country thinks that... President Trump's being too aggressive in picking up illegal immigrants." Lyons answered that "the American people have never seen immigration enforcement like this before" and said Congress should change the law if it objects.

The figure matches the Pew Research Center's October 2025 survey, in which 53 percent said the administration was doing too much on deportations. That was up from 44 percent in February 2025. In April 2026, the share was 52 percent. An AP-NORC poll taken February 5-8 found that 52 percent thought Trump had gone too far on deportations and 62 percent thought he had gone too far in sending agents into cities. Trump's overall approval stands at 37.7 percent in PolitiKool's polling average.

What ICE Data Shows on Criminal Records and Detainers

Kilmeade asked whether criminal charges and convictions together come "up to around 70%" of the people ICE pursues. "It comes up to 75, 80%, but people just don't wanna see that," Lyons said.

ICE's own detention data shows lower shares. As of January 7, 52 percent of people in detention had a conviction or a pending charge, PolitiFact found. Among everyone detained from January 20 to October 15, 2025, the share was 64 percent. By July 11, 70.6 percent of the 65,765 people in ICE custody had no criminal conviction, according to TRAC.

Griff Jenkins, who guest-hosted much of the show, said New York had more than 14,000 detainers placed on people since January 2025. That is close to DHS's own count: New York did not honor 14,916 detainers from January 20, 2025, to September 14, 2026, and DHS says those cases carry 47,750 charges and convictions.

What Happens Next

ICE's body camera video is the footage both Lyons and border czar Tom Homan said they want made public. Until then, the moment the shots were fired remains unseen.