Minnesota AG Keith Ellison Sues To Force Texas To Extradite ICE Agent

Minnesota Democratic Attorney General Keith Ellison sued the state of Texas on Tuesday to force the extradition of a federal immigration agent charged with multiple crimes tied to the Trump administration’s deportation effort.

Hennepin County Attorney Mary Moriarty charged Immigration and Customs Enforcement (ICE) officer Christian Castro in May with four felony counts of second-degree assault with a dangerous weapon and one misdemeanor count of falsely reporting a crime involving an attempted arrest in January. During a press conference on Tuesday, Ellison expressed concern over Texas Republican Governor Greg Abbott’s alleged failure to extradite Castro.

He also cited a Texas law that says a person being held on an extradition warrant can only be held for up to 90 days, meaning Castro could soon be released from custody.

“A Hennepin County District Court judge found probable cause to believe that ICE agent Christian Castro committed felony-level assault when he allegedly fired his gun into a Minnesota home with people inside it and hit someone,” Ellison said in a statement on Tuesday. “A Hennepin County District Court judge also found probable cause to believe that Castro falsely reported a crime because he allegedly lied about the circumstances surrounding the shooting.”

“Now, Governor Abbott is trying to shield Castro from being held accountable for these serious charges by refusing to extradite him to Minnesota. Abbott’s refusal to extradite Castro is unconstitutional and violates federal law and Texas law. I will not stand for that, so I’m taking Abbott to court. Christian Castro will stand trial in Minnesota,” he added.

A spokesman for Abbott declined to comment on “pending extradition matters.”

During the January incident, Castro allegedly fired a gun at a home in north Minneapolis “with the intent to cause fear of immediate bodily harm or death to the four adults who were just inside the door,” Moriarty said during a May news conference. The bullet struck Venezuelan migrant Julio Sosa-Celis in the leg before traveling through a closet and lodging in the wall of a child’s bedroom.

Castro allegedly falsely told FBI agents that Sosa-Celis and another man assaulted him with a broom handle and a snow shovel before he fired his gun in “self-defense,” Ellison said during Tuesday’s news conference.

The Department of Homeland Security (DHS) initially claimed that Sosa-Celis tried to “evade arrest” before he “began to resist and violently assault” a federal officer. The federal agency alleged that two individuals came out of a nearby apartment and began attacking the officer “with a snow shovel and broom handle.”

Sosa-Celis then “got loose and began striking the officer with a shovel or broomstick,” DHS said at the time.

After “fearing for his life and safety,” the officer “fired a defensive shot” that hit Sosa-Celis in the leg, according to DHS. Sosa-Celis and two others “ran back into the apartment and barricaded themselves inside” before ICE arrested them.

In February, then-Acting ICE Director Todd Lyons announced a federal probe into the incident after video footage showed that “sworn testimony provided by two separate officers appears to have made untruthful statements.”

“Lying under oath is a serious federal offense,” Lyons said at the time.

“The men and women of ICE are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct,” he said. “Violations of this sacred sworn oath will not be tolerated. ICE remains fully committed to transparency, accountability, and the fair enforcement of our nation’s immigration laws.”

A federal judge later dismissed the charges against the two migrants after video footage of the incident emerged.

Authorities arrested Castro in Cameron County, Texas, on May 29, according to Ellison. Four days later, Democratic Minnesota Governor Tim Walz asked Republican Texas Governor Greg Abbott to extradite Castro to his state.

Abbott has yet to fulfill the request, Ellison said.

“Governor Abbott has withheld the warrant and held up Castro’s extradition for nearly three months,” Ellison said.

“He has no discretion to decline to do so. None. Yet, Castro is still not here to face justice,” he added.

Ellison said Walz’s office has “repeatedly” requested updates on the extradition request from Abbott’s office, which he said has yet to provide a response.

Moriarty sent a request on July 30 to Abbott for an update on the extradition request, but also didn’t receive a response, Ellison said. The Minnesota Attorney General said he also sent a letter on Thursday to Abbott “to inform him of his mandatory legal obligation to effectuate the return of Christian Castro to Minnesota to face justice.”

“Whether or not he needed the lesson, I cited all relevant constitutional and legal authorities that leave him no discretion in this matter. I informed him that if he did not sign the rendition warrant by the end of the day yesterday, I would sue to compel him to do so,” Ellison said.

“Governor Abbott did not respond. Christian Castro is still not here to face justice, therefore this morning my office filed suit asking the federal court in Texas to require Governor Abbott to sign the warrant and to block the Cameron County sheriff from releasing Castro until Minnesota law enforcement can arrive there to physically transport Castro here to face the charges laid against him,” he said.