Minnesota Attorney General Keith Ellison filed a lawsuit on Tuesday against Texas Governor Greg Abbott, seeking a court order to force the extradition of an Immigration and Customs Enforcement agent charged in a Minneapolis shooting.
The defendant, ICE agent Christian Castro, faces four counts of second-degree assault and one count of falsely reporting a crime. According to charging documents filed May 18 by the Hennepin County Attorney’s Office, Castro fired a gun at the front door of an occupied Minneapolis home on January 14 during Operation Metro Surge.
The gunfire struck an individual in the leg, and investigators found the bullet lodged in a child’s bedroom wall. Prosecutors also allege Castro knowingly provided false information about the incident to on-duty officers.
A nationwide warrant led to Castro’s arrest by Texas Rangers on May 29, after which a Cameron County judge ordered him held pending extradition. Minnesota Governor Tim Walz issued a formal extradition request to Abbott on June 2.
Interstate extradition duties are rooted in the U.S. Constitution’s Extradition Clause, which the U.S. Supreme Court affirmed in the 1987 case Puerto Rico v. Branstad as a mandatory obligation leaving no room for executive discretion. Minnesota officials argue Abbott’s inaction risks Castro being released under Texas statutes that limit pre-extradition detention to 90 days.
“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. “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.”
Hennepin County Attorney Mary Moriarty echoed the demand for compliance. “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.”
State records show routine cooperation between the two states over the past five years, during which Texas granted 11 extradition requests from Minnesota within an average of 30 days, while Minnesota processed 21 requests from Texas in an average of under five days.
The lawsuit asks the court to declare Abbott’s refusal unlawful, issue a writ of mandamus ordering the rendition warrant, and grant a temporary restraining order barring Cameron County Sheriff Manuel Trevino from releasing Castro before he is transferred to Minnesota custody.
As with all criminal matters, the charges against Castro remain allegations, and he is presumed innocent unless proven guilty in court.
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