Minnesota demands extradition of ICE agent from Texas

Minnesota accuses Texas Governor Greg Abbott of ignoring his legal requirement to extradite the ICE agent, who is charged in Minnesota with aggravated assault with a deadly weapon.HOUSTON (CN) — Minnesota sued Texas Governor Greg Abbott on Tuesday, demanding the extradition of a federal immigration agent who is suspected of shooting through a Minneapolis homeowner’s door in January.Christian Castro, an agent of the U.S. Immigration and Customs Enforcement agency, faces four counts of aggravated assault with a deadly weapon after authorities say he shot at a Venezuelan man through the door of a home during a Jan. 14 pursuit.State and federal officers arrested Castro in Cameron County, the southernmost county in Texas, on May 29, less than two weeks after Minnesota state prosecutors filed five felony charges against him, including one of falsely reporting a crime.But in the lawsuit filed Tuesday, Minnesota accused Texas officials of disregarding their lawful duty to extradite Castro in the weeks since his arrest.“Instead of promptly fulfilling his ministerial duty to execute a governor’s rendition warrant for Castro, as he has done routinely in response to extradition requests throughout his term in office, Governor Abbott has withheld the rendition warrant and held up Castro’s extradition for nearly three months,” Minnesota says in its complaint.Minnesota says Texas is violating the extradition clause of Article IV of the U.S. Constitution, the federal Extradition Act of 1793, and the Uniform Criminal Extradition Act, a federal guidance adopted by each state separately that binds the state to obey the extradition clause and lays out the mechanisms for compliance.In the first weeks after Castro’s arrest, Abbott’s office kept in contact with Minnesota officials. But starting on June 30, Abbott’s office abruptly redirected Minnesota officials’ communications from his extradition office to his deputy general counsel. The same week, Abbott signed rendition warrants agreeing to extradite two unrelated defendants to Minnesota while refusing to act on Castro’s warrant.“Governor Abbott’s continued withholding of the rendition warrant and Sheriff Trevino’s continued failure to make Castro available for extradition threaten to deprive the state of Minnesota entirely of its constitutional right to Castro’s return," Minnesota says in its lawsuit. “Specifically, because Texas law mandates Castro’s discharge from custody after 90 days, Defendants’ continued refusal to offer him for extradition will soon provide Castro with an opportunity to flee and avoid prosecution in Minnesota. Such an outcome is directly contrary to the extradition clause’s intended purpose of enabling states to bring offenders to trial as swiftly as possible.”In a press release Tuesday, Minnesota Attorney General Keith Ellison echoed these concerns.“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. 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,” Ellison said. “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.”Hennepin County Attorney Mary Moriarty, the state prosecutor overseeing the case against Castro in Minnesota, said in the same statement that “this is not about politics. It is about the law.”“This is not a legally discretionary task. Governor Abbott is required by law to sign the governor’s warrant that has been with his office since June 3,” Moriarty said. “I’m hopeful that the litigation the attorney general has filed today will move us toward the correct outcome, which is Mr. Castro appearing in a Hennepin County courtroom to be held accountable for his actions.”Abbott’s office declined to comment on pending litigation.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads