DOJ weighs federal charges against ICE officer in Minneapolis shooting

The Justice Department is assessing the possibility of filing federal charges against Immigration and Customs Enforcement agent Christian Castro, who was arrested in May after Minnesota prosecutors charged him with second-degree assault and false reporting for a January shooting that injured a Venezuelan immigrant. Texas Governor Greg Abbott has so far refused to extradite Castro to Minnesota, where a state lawsuit seeks his transfer.

According to a source familiar with the deliberations, federal prosecutors could move forward with charges as early as Tuesday, and a Texas federal judge is set to hear Minnesota’s request for immediate extradition on the same day. The Department of Justice said no charging decision has been made.

"As in any case where the conduct at issue may implicate a civil rights charge, U.S. Attorneys offices are required by DOJ policy to consult and work with the civil rights division because that division has the subject matter experts in this area of law," Emily Covington, director of public affairs for the Justice Department, said in an email. "Any charging decisions that come out of such investigations are collaborative and deliberative and adhere to the facts and law of that specific case and controversy."

Covington added that the civil rights division has been in contact with Minnesota prosecutors, describing the discussions as a routine part of ongoing investigations.

The incident follows earlier Department of Homeland Security actions that charged the injured immigrant and another individual, but the Justice Department later moved to dismiss those charges, citing inaccurate information provided to the court. Two ICE agents involved have been placed on administrative leave while the department investigates alleged false statements made under oath.