President Donald Trump’s Justice Department is reportedly considering bringing federal charges against an Immigration and Customs Enforcement agent accused of shooting a Venezuelan immigrant in Minnesota during the winter.
The agent at the center of the case has been identified as Christian Castro. Minnesota state prosecutors charged Castro in May with second-degree assault and falsely reporting a crime in connection with the shooting, which left the immigrant wounded in the leg.
Castro was later arrested in Texas, but officials in the Lone Star State have refused to extradite him to Minnesota. Republican Texas Gov. Greg Abbott has opposed turning Castro over to Minnesota authorities, setting up a legal fight between officials in the two states.
CNN reported that federal prosecutors could move forward with charges against Castro as early as Tuesday, citing a person familiar with the matter.
The possible federal action comes as officials face a rapidly approaching deadline involving Castro’s detention in Cameron County, Texas.
According to a lawsuit filed by the Minnesota attorney general seeking Castro’s extradition, the ICE agent could be released from custody as soon as Wednesday. That possibility has placed pressure on federal and state prosecutors seeking to ensure that Castro remains in custody while the legal proceedings continue.
A federal judge in Texas was scheduled to conduct a hearing Tuesday to consider Minnesota’s request for an order requiring Abbott to immediately send Castro back to Minnesota.
CNN said it had contacted Castro’s attorney for comment.
The charges filed by Minnesota prosecutors stem from an incident this past winter in which a Venezuelan immigrant was shot in the leg. Castro subsequently faced allegations of second-degree assault and falsely reporting a crime.
Texas officials’ refusal to extradite Castro has complicated Minnesota’s attempt to prosecute the case. The dispute has now moved into federal court, where a judge must consider the Minnesota attorney general’s demand that Texas surrender Castro immediately.
The possibility that the Trump Justice Department could pursue its own case represents a striking development in the controversy.
As CNN noted, Trump administration officials have responded to previous high-profile shootings by arguing that federal agents were carrying out their official responsibilities and operate with some degree of immunity.
The consideration of federal charges against Castro could mark a different approach in this case, although the Justice Department had not yet filed charges at the time of the report.
The timing remains critical for prosecutors because of the possibility that Castro could be released from Texas custody Wednesday. Federal prosecutors could act as soon as Tuesday, while the federal judge separately considers Minnesota’s request for immediate extradition.
Castro remains accused of the offenses charged by Minnesota prosecutors, and the legal battle over where and how he could be prosecuted is continuing.
The federal court hearing, the reported Justice Department deliberations and the looming possibility of Castro’s release have converged to create a narrow window for authorities deciding their next move.
No response from Castro’s attorney was included in CNN’s report, and no final decision on potential federal charges had been announced.
