Lawyers for Oscar Belgal say an immigration officer shot him in New York without identifying himself as Belgal drove with his young son in the car. In a Wednesday filing seeking his release, they said the officer approached with a gun, broke the driver’s window and fired several shots, one of which struck Belgal in the neck.

The Legal Aid Society said Belgal had picked up his son from school and stopped near a fire hydrant while looking for parking when armed, masked men approached. His son, 5, was in the back seat, the lawyers said.

Department of Homeland Security officials have given a different account. They said officers fired only after Belgal hit two government vehicles with his car and drove toward other officers. New York City police security footage shows a man with a gun run up to the car and break the driver’s window, but it does not settle the dispute over the shooting.