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Federal Judge Sides With Texas in ICE Agent Extradition Fight With Minnesota

Victoria Lane
Victoria Lane •

A Trump-appointed federal judge rejected Minnesota's emergency bid to force Gov. Greg Abbott to hand over ICE agent Christian Castro, who faces assault charges over a January shooting in Minneapolis.

Federal Judge Sides With Texas in ICE Agent Extradition Fight With Minnesota

A federal judge on Wednesday rejected Minnesota's emergency effort to force Gov. Greg Abbott to extradite a former ICE agent facing felony assault charges in Minneapolis. The ruling is a win for Texas in an interstate dispute that has become a flashpoint in the national fight over immigration enforcement.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, denied Minnesota's request for a temporary restraining order against Abbott. The judge found that Abbott has not formally rejected Minnesota's extradition request, meaning the case is not yet ripe for federal court intervention.

Why the Court Turned Minnesota Away

Minnesota sued Abbott last week after the governor spent more than two months without signing a rendition warrant for Christian Castro, the ICE officer at the center of the case. State officials argued Abbott was effectively blocking extradition through delay.

Rodriguez disagreed. He noted that Abbott has neither agreed nor refused to sign the warrant, and that the governor ordered an investigation by the Texas Secretary of State that remains pending. No federal law sets a deadline for a governor to act on an extradition request, the judge wrote.

"Based on the current record, the Court concludes that it lacks subject matter jurisdiction because the case is not ripe for adjudication," Rodriguez wrote.

The Shooting Behind the Charges

Castro faces four felony counts of second-degree assault and one misdemeanor count of falsely reporting a crime from a January immigration enforcement operation in Minneapolis. Prosecutors say he fired through the closed door of a home, striking a Venezuelan immigrant in the leg.

Castro has denied wrongdoing, and his attorneys have argued he was acting within the scope of his duties as an ICE agent. He was arrested in Cameron County, Texas on May 29 on Minnesota's nationwide warrant.

Texas law caps pre-extradition detention at 90 days, and Castro hits that limit Thursday. Minnesota warned the judge that he could flee to Mexico, pointing to a romantic partner in the border city of Progreso and an interest in buying property there. The judge acknowledged the flight risk would complicate Minnesota's prosecution, but said that alone does not justify holding Castro past the legal limit.

Abbott's Fugitive Question

Abbott has cited "serious doubts" about whether Castro qualifies as a fugitive, pointing to reports that the officer returned to Texas on orders from ICE leadership after the January shooting. The Justice Department has confirmed federal officials directed Castro to leave Minnesota.

The governor asked Texas Secretary of State Robert Howden, a former senior adviser, to investigate the question on July 31. The inquiry is still open.

Rodriguez signaled skepticism about that legal theory in a footnote, noting the Supreme Court has held the focus is on whether the accused actually left the state, not why. That language could matter if the fight returns to court.

What Happens Next

Minnesota Attorney General Keith Ellison said he "strongly disagrees" with the ruling and accused Abbott of "turning Texas into a sanctuary state for violent criminals." He vowed Castro "will not escape justice in Minnesota."

Abbott spokesman Andrew Mahaleris called Minnesota's claim "absurd" and said the order rebuffs efforts to "conscript federal courts into commandeering the authority of Governor Abbott's office." Minnesota Gov. Tim Walz said the states have honored every extradition before and "this case should be no different."

The immediate question is whether Abbott signs the warrant before Thursday, when Castro's 90-day detention window expires. If he does not, the former ICE agent walks free in Texas -- and the legal battle over whether delay amounts to denial will almost certainly continue.