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Minnesota sues Texas over extradition of ICE agent
Minnesota is suing Texas Gov. Greg Abbott to force the extradition of an ICE officer charged in a January shooting before a key detention deadline expires Thursday.
Minnesota officials have asked a federal judge to force Gov. Greg Abbott to act on the state’s request to extradite an ICE officer accused of shooting an immigrant in January and then lying about what happened.
90-day legal deadline threatening officer's release
What we know:
The lawsuit comes as a 90-day deadline for holding Christian Castro, while he awaits extradition, is set to expire on Thursday. Under Texas law, a person awaiting extradition cannot be held longer than 90 days.
An extradition request that would normally be routine has turned into a legal battle between Abbott and the state of Minnesota. As Minnesota wants Castro returned to face criminal charges, but Abbott says he needs more time to consider whether Castro meets extradition requirements.
Is Christian Castro a fugitive from justice?
What they're saying:
"Governor Abbott is claiming a right to investigate whether or not this gentleman is a fugitive, whether his presence in Texas is just he was here for some other reason that had nothing to do with the events in Minnesota, and he's not really a fugitive from justice. And he's saying he needs more time to look into that," said David Coale, an attorney who specializes in constitutional law.
Under the Extradition Clause of the U.S. Constitution, a person can be considered a fugitive if they are accused of committing a crime in one state and then leave for another, but according to Abbott’s motion that was filed on Monday, Castro did not flee Minnesota and instead returned to Texas for work.
The Minneapolis shooting allegations
Dig deeper:
Texas Rangers arrested Castro in South Texas in May in connection with the alleged January shooting and accusations that he lied about what happened to justify it.
Minnesota says Castro may try to flee if he is released without extradition, but Castro could be released because people awaiting extradition cannot be held longer than 90 days.
"Governor Abbott says, ‘Well, that 90-day deadline is well and good for what it stands for, but has nothing to do with me,’" Coale said. "I can take as long as I need to to execute my duty to make sure this is valid, and I have the authority to sign the warrant that's needed."
Coale said the federal judge likely has three options: order Abbott to send Castro to Minnesota, rule that federal courts do not have a role in the matter or choose an option somewhere in the middle.
"It is possible he could try for a third option, which is to say, because this lawsuit just got filed, look, for right now, let's keep him right where he is," Coale said. "And Governor Abbott, let's not dilly dally on this."
Federal court options
What's next:
Both sides are due to appear for a hearing on Tuesday in Brownsville, Texas.
The 90-day hold on Castro is set to expire on Thursday.
The Source: Information in this article was provided by FOX 4's Amelia Jones.