A federal judge has denied Minnesota's emergency request to prevent Immigration and Customs Enforcement (ICE) agent Christian Castro from being released from a Texas jail, dealing a setback to the state's efforts to prosecute him.
U.S. District Judge Fernando Rodriguez Jr. rejected Minnesota's request for a temporary restraining order that would have blocked Castro's release on Thursday. Castro's 90-day detention period under Texas law was set to expire, and without a court order or a rendition warrant signed by Texas Gov. Greg Abbott, he was expected to be released from the Cameron County Jail.
Rodriguez ruled that Minnesota "fails to satisfy the requirements for the issuance of a temporary restraining order." The judge stated that Minnesota's lawsuit was premature because Gov. Abbott had not yet denied the state's extradition request. The record, Rodriguez wrote, shows that Abbott "has neither agreed nor refused to sign the rendition warrant as to Castro."
Instead, Abbott directed the Texas secretary of state to investigate whether Castro should be surrendered, a step permitted under Texas' Uniform Criminal Extradition Act. The judge found no established deadline for Abbott to complete this review under the Constitution or state and federal extradition laws.
Minnesota formally requested Castro's extradition in early June after his arrest in Cameron County on the state's warrant. The court acknowledged that Abbott has considered the matter for an "atypically-long duration," but noted that Minnesota did not identify any law requiring a specific timeframe for the governor's action.
Castro faces four felony counts of second-degree assault and one misdemeanor count of falsely reporting a crime. The charges stem from a January ICE operation in Minnesota where, according to court documents, Castro fired a shot through a closed front door, injuring an individual. The incident led to protests in Minneapolis and became a point of contention between Minnesota officials and the Trump administration regarding the prosecution of ICE agents involved in Operation Metro Surge.
Minnesota prosecutors have also charged another ICE agent, Gregory Morgan Jr., with assault in a separate traffic confrontation incident. The Department of Homeland Security has criticized Minnesota's actions as a "political stunt" by "sanctuary politicians," while Minnesota officials maintain the agents' alleged conduct exceeded their federal duties.
Texas Gov. Abbott has raised questions about whether Castro can be considered a fugitive for extradition purposes, as Castro returned to Texas on federal orders after the January incident. However, Judge Rodriguez expressed skepticism regarding this interpretation in a footnote, suggesting that precedent focuses on whether a person left the state, not the reason for their departure. This assessment, though, did not alter the judge's decision on the restraining order.
If no rendition warrant is issued and no further court order intervenes, Castro is expected to be released from custody on Thursday. Both Gov. Abbott and Minnesota Gov. Tim Walz did not immediately respond to requests for comment.