A fact-checker with the New Yorker is under fire after she commented on a Twitter photo accusing an ICE worker of having a tattoo of a Nazi symbol - when in fact the ink represents the platoon he served in while fighting in Afghanistan.

In a tweet earlier this week, Talia Lavin implied that wounded soldier Justin Gaertner had the Nazi's Iron Cross tattooed on his elbow.

Lavin, a 29-year-old Harvard grad, was replying to a photo tweeted by ICE and featuring Gaertner.

It was about the program 'for wounded, injured & ill Special Ops Forces'.

A fact-checker for the New Yorker accused wounded veteran and current ICE worker Justin Gaertner of having a Nazi symbol tattooed on his elbow

Talia Lavin was responded to a photo ICE tweeted featuring Gaertner. Lavin later deleted the tweet but not before it caught the attention of ICE, who is demanding an apology from Lavin and the New Yorker

The fact-checker later deleted the tweet saying that 'military veterans responded that the tattoo looked more liked a Maltese cross, a symbol associated with firefighters'.

Lavin said she took her original tweet down 'so as not to spread misinformation'.

However, the damage was already done. ICE tweeted that Lavin made 'erroneous attacks' on Gaertner and demanded she and the New Yorker apologize. ICE also said Gaertner's tattoo is a 'Titan 2', the symbol for his platoon when he fought in Afghanistan.

Gaertner, who was a fire team leader and lead sweeper for improvised explosive devices, lost both legs and suffered other permanent injuries when an IED exploded during his deployment to Helmand Province, Afghanistan.

Since returning home from war, Gaertner is a para-Olympic athlete and an ICE computer forensics analyst, helping to solve criminal cases and rescue children who have been sexually exploited.

Gaertner (pictured on the left) lost his both legs and suffered other permanent injuries when an IED exploded during his deployment to Helmand Province, Afghanistan

'Anyone attempting to advance their personal political opinions by baselessly slandering an American hero should be issuing public apologies to Mr Gaertner and retractions,' an ICE statement read. 'This includes Lavin and the New Yorker'.

The New Yorker released a statement on Monday distancing itself fro the fact-checker.

'The New Yorker has just learned that a staff member erroneously made a derogatory assumption about ICE agent Justin Gaertner's tattoo. The personal social-media accounts of staff members do not represent the magazine, and we in no way share the viewpoint expressed in this tweet,' a spokesperson said. 'The tweet has been deleted, and we deeply regret any harm that this may have caused Mr. Gaertner.'