The off-duty federal immigration agent who shot and killed a Los Angeles man on New Year’s Eve allegedly whipped his sons with a belt and made racist and homophobic remarks in the past, according to documents obtained by The Times.
U.S. Immigration and Customs Enforcement Officer Brian Palacios shot Keith Porter Jr. late on Dec. 31 at a Northridge apartment complex, according to a sworn declaration submitted by attorney Michelle Diaz in a custody dispute between Palacios’ girlfriend and her ex-husband, which was made public Thursday.
The document alleges that Palacios is the shooter “based on information and belief,” citing records and testimony identifying him as an ICE agent who lives in the complex.
A review of court transcripts, proof of service documents and motions related to the custody battle shows Palacios is an ICE agent and confirms that he lives in a unit at the Village Pointe Apartments. The unit number reflects an apartment that is just a short distance from the location where neighbors say Porter was killed.
Stacie Halpern, an attorney representing Palacios, said her client acted in self-defense the night that Porterwas killed. She denied that he had ever made racist remarks and provided reports from the L.A. County Department of Children and Family Services and Los Angeles police that deemed the child abuse allegations to be “unfounded.”
No one answered the door at the apartment listed for Palacios on Friday. An LAPD spokesman declined to comment and a DCFS spokeswoman said she was barred from discussing the case by state law.
Friends and advocates say Porter — a 43-year-old Compton native and father of two — was firing a gun into the air to celebrate the new year on the night of his death.
Tricia McLaughlin, the U.S. Department of Homeland Security’s assistant secretary of public affairs, initially said a suspected “active shooter” was killed following an exchange of gunfire with an off-duty ICE agent. In her statement, McLaughlin said the agent “bravely responded to an active shooter situation at his apartment complex.”
McLaughlin did not address questions about the agent’s identity on Friday or the past allegations against him. Halpern said her client remained on-duty for ICE as of Friday afternoon.
Los Angeles police said no one else was injured in the incident.
Jamal Tooson, an attorney for Porter’s family, said in a statement: “Should this individual be confirmed as the person responsible for Keith’s death, based on his deeply disturbing past allegations it is unimaginable that any human being with a conscience on this earth could regard him as a hero.”
Later on Friday, Tooson suggested the killing was a racially motivated hate crime and said he was considering asking for California Atty. Gen. Rob Bonta to launch an independent investigation.
A spokesperson for the L.A. County district attorney’s office said the incident is under investigation by the Justice System Integrity Division, which investigates killings by law enforcement officers.
A meeting of the Los Angeles Police Commission was packed last week with angry activists and residents, many of whom called for authorities to release the ICE agent’s name. Although the names of LAPD officers involved in fatal use-of-force incidents are normally made public within weeks, there is no such rule for federal agencies.
The document filed this week sought to temporarily bar Palacios’ girlfriend from seeing her daughter from her first marriage, based on the potential danger posed by the ICE agent’s alleged involvement in the shooting. According to L.A. County court orders reviewed by The Times, a judge barred Palacios from having any contact with the children from his previous marriage last February. That order was upheld last June, even after DCFS and LAPD dismissed the abuse allegations, the county court filings show.
“Palacios is presently prohibited by Court Order from being in the presence of the parties’ minor children because of his abusive conduct,” read the Thursday filing from Diaz, who represents the ex-husband of Palacios’ girlfriend. “There is a very valid concern that the stress of having shot and killed another man on 12/31/2025, and the ongoing aftermath, will materially and substantially impair Mother’s mental health, and impact her ability to provide a safe and stable parenting schedule for their youngest child.”
The fatal New Year’s Eve incident follows several others in recent weeks in which ICE agents have used deadly force against U.S. citizens.
Last week, ICE agent Jonathan Ross shot and killed 37-year-old Minneapolis woman Renee Nicole Good. President Trump and other federal officials have accused Good of obstructing immigration efforts and said she tried to hit Ross with her car, but cellphone video from the scene shows Good was trying to drive away and that Ross shot at her through the driver’s side window. The killing has drawn widespread condemnation and protests; Trump administration officials have staunchly defended the agent and accused Good of weaponizing her vehicle in “an act of domestic terrorism.”
Unlike the Minnesota incident, which was captured on multiple videos, no recordings have surfaced from the confrontation that led to Porter’s killing.
It remains unclear exactly what happened in Northridge around 10:40 p.m. on New Year’s Eve. Palacios was off duty, so there is no body camera video. None of the building’s security cameras captured the shooting either, according to a message from the property management company.
Two law enforcement officials, speaking on condition of anonymity to discuss an ongoing investigation, told The Times that Porter was found in possession of a rifle.
One of those officials said investigators also found evidence of two bullet impacts behind where the agent would have been standing at the time of the shooting, which would support federal authorities claims that he was fired upon by Porter. The official also said the agent identified himself as law enforcement before opening fire. Halpern also said Friday that there is evidence that Porter shot at Palacios during the encounter.
Asked about those issues on Friday, Tooson maintained that no witnesses have come forward to corroborate claims that the agent faced any danger that night.
Porter’s friends and family have argued he was firing a gun in the air to celebrate the new year. Los Angeles police officials have warned people against the practice for years, and doing so is a felony. Still, Porter’s supporters contend that the agent overreacted and should have waited for the LAPD to respond.
Halpern said those outraged over the killing have been far too quick to dismiss the danger that Porter posed by shooting a gun in a dense residential area.
“This person was shooting a firearm in his community. What goes up must come down,” she said, alluding to past incidents where celebratory gunshots have injured bystanders.
Palacios had an “absolute right to self-defense,” she said.
Last year, a Los Angeles County judge barred Palacios from being around his girlfriend’s children from a previous marriage in the wake of allegations that he had whipped his biological sons with a belt, according to a transcript of a 2025 hearing.
Through an attorney, the children also accused Palacios of using homophobic slurs and making racist remarks about Black and Latino people, according to a court transcript. Palacios also referred to the children’s biological father as an “illegal alien,” according to the allegations contained in court records.
Omar Escorcia, the ex-husband of Palacios’ girlfriend, told The Times that Palacios routinely made disparaging remarks about Latinos before and after custody hearings, referring to them as “wetbacks.” Halpern denied her client made any such comments.
Escorcia also described an alleged incident in which Palacios showed up to a youth soccer game carrying a gun, which was visible to other parents and left several people upset and concerned for their kids’ safety.
“What law enforcement officer who is mindful of gun safety, shows up to a children’s sporting event with a gun that is not holstered, but stuck in their waistband, and they’re holding a toddler?” asked Escorcia’s attorney, Diaz, according to a transcript of a 2025 court hearing. “There are all kinds of red flags here.”