Minnesota Sues Greg Abbott to Force Extradition of ICE Agent Charged in Minneapolis Shooting

Minnesota sued Texas Gov. Greg Abbott on Tuesday, asking a federal court to force him to authorize the extradition of an Immigration and Customs Enforcement agent charged with assault in Minneapolis. State officials argue Abbott has a mandatory constitutional duty to return the agent and warn that continued delay could allow him to be released from custody later this month.

The complaint, filed August 18 in the U.S. District Court for the Southern District of Texas, also names Cameron County Sheriff Manuel Trevino, whose office is holding ICE agent Christian Castro.

Castro faces four felony counts of second-degree assault with a dangerous weapon and one misdemeanor count of falsely reporting a crime. A Hennepin County judge found probable cause for the charges and issued a nationwide arrest warrant in May.

The charges stem from a January 14 shooting at a Minneapolis home. Minnesota authorities allege Castro, who was working as an ICE agent, fired at the front door while several people were inside and struck one person. Texas authorities arrested him on May 29, and a Cameron County judge later ordered him held while extradition proceedings moved forward.

Gov. Tim Walz signed Minnesota's formal extradition request on June 2, and Abbott's office received the paperwork the following day. Minnesota claims Texas extradition officials initially indicated that the documents could be signed within weeks, but Abbott has not issued the rendition warrant needed to transfer Castro.

The complaint says that on June 23, Abbott's state extradition coordinator told Walz's staff she hoped to have the signed paperwork back by the next day. A week later, Minnesota was told the matter had been moved to Abbott's deputy general counsel, and state officials allege they received no substantive update afterward.

Minnesota also points to Abbott's handling of other extradition requests. The state says Texas approved about 11 of its requests during the past five years, with Abbott signing the necessary warrants in less than 30 days on average. The complaint alleges he approved three unrelated extraditions to Minnesota while Castro's request remained pending.

The delay has become more urgent because Texas law limits how long a person awaiting extradition may remain jailed without a governor's rendition warrant. Minnesota claims Castro could become eligible for release as early as August 26 and alleges he presents a risk of leaving the country if released.

Attorney General Keith Ellison sent Abbott a letter on August 13 stating that Minnesota would sue if the warrant was not issued by August 17. The complaint says Abbott did not issue the warrant before that deadline, and Minnesota filed the federal action the following day.

Interstate extradition is governed by the Extradition Clause of the U.S. Constitution and a federal law establishing the process for returning people charged with crimes in another state. The Supreme Court has held that a state has a mandatory duty to return a person charged with a crime once a legally sufficient extradition demand has been made. Extradition is not meant to become a second criminal proceeding, so questions about guilt or innocence and other challenges to the prosecution generally remain with courts in the state where the charges were filed.

Minnesota describes issuing the warrant as a "ministerial duty," meaning an act the law requires once the necessary conditions have been satisfied rather than a decision left to a governor's policy judgment. That distinction is central to the lawsuit because Minnesota is asking for mandamus, a court order used to compel a public official to perform a legally required duty.

Minnesota relies heavily on the Supreme Court's 1987 decision in Puerto Rico v. Branstad, which held that federal courts have authority to enforce the Extradition Clause against a governor who fails to comply with a proper demand. The state argues that precedent allows the Texas court to compel Abbott to issue Castro's rendition warrant. Texas has also adopted the Uniform Criminal Extradition Act, which sets out the state's process for interstate transfers.

Minnesota is asking the court to declare Abbott's withholding of the warrant unlawful, compel him to issue it, and prevent Texas officials from releasing Castro before he is transferred. The case remains pending in the Southern District of Texas.