US Officials Consider Charges Against ICE Agent in Minneapolis Case
Federal prosecutors are evaluating potential criminal charges against Immigration and Customs Enforcement Agent Christian Castro regarding the January 14 shooting of a Venezuelan immigrant in Minneapolis, according to Justice Department officials and sources familiar with deliberations.
The potential federal action against Castro follows state charges filed by Minnesota prosecutors in May for second-degree assault and falsely reporting a crime. Castro remains held in Cameron County, Texas, while Texas Governor Greg Abbott refuses to extradite him.
Federal investigators are examining possible civil rights violations and violations of federal law prohibiting false statements to government officials. U.S. District Judge Fernando Rodriguez Jr. scheduled a Tuesday hearing in Brownsville, Texas, regarding Minnesota's lawsuit seeking Castro's immediate transfer before a 90-day Texas detention limit expires on Thursday.
Justice Department spokesperson Emily Covington stated that federal civil rights cases require mandatory consultation with specialized federal attorneys.
"As in any case where the conduct at issue may implicate a civil rights charge, U.S. Attorneys offices are required by DOJ policy to consult and work with the civil rights division because that division has the subject matter experts in this area of law," Covington wrote in an email.
Federal officials noted that inter-agency discussions remain part of the standard investigative process.
"Any charging decisions that come out of such investigations are collaborative and deliberative and adhere to the facts and law of that specific case and controversy," Covington said.
The federal inquiry follows the dismissal of initial criminal assault charges against two Venezuelan immigrants, Julio Cesar Sosa-Celis and Alfredo Alejandro Aljorna, after prosecutors discovered government accounts contained material errors.
Internal reviews and video evidence revealed Castro fired through an apartment door, striking Sosa-Celis in the leg following a traffic chase involving Aljorna. Former ICE Director Todd Lyons previously confirmed two officers were placed on administrative leave for making untruthful statements under oath during the initial investigation.
Texas officials maintain that Castro was ordered back to his home station by the Department of Homeland Security rather than fleeing state jurisdiction. A Department of Homeland Security spokesperson previously defended the agency's jurisdiction over the matter.
"This is a federal issue, and it must be handled at the federal level," the Department of Homeland Security stated, while acknowledging that "lying under oath is a serious federal offense" that could result in criminal prosecution.
Department officials previously criticized the state-level criminal indictment against Castro as a political maneuver.
"This is a political stunt," the Department of Homeland Security stated in May.
In court filings, Texas attorneys argued that Castro's transfer from Minnesota did not constitute voluntary flight from prosecution.
"Any sane person would say that someone who commits a crime in Minneapolis, Minnesota, is thereafter forcibly abducted by being shoved into a van, and then driven to Chippewa Falls, Wisconsin, is not a fugitive who 'fled' Minnesota," Abbott's legal counsel wrote in a court filing.
Minnesota Attorney General Keith Ellison noted in court filings that Texas processed three separate extradition requests from Minnesota during Castro's custody period. The federal court's decision on the temporary restraining order will determine whether Castro remains in custody or faces potential release in Texas.
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