Texas Governor Greg Abbott filed a brief on Monday asking a federal judge to deny Minnesota’s request to extradite Immigration and Customs Enforcement officer Christian Castro. Abbott says he has serious doubts that Castro meets the legal definition of a fugitive because the officer was reassigned to Texas rather than fleeing the state.
Background and legal arguments
Castro is being held in the Cameron County Jail after a Minnesota warrant was issued for his arrest on May 29. He faces four counts of second‑degree assault and one count of falsely reporting a crime stemming from an incident during Operation Metro Surge in Minneapolis, where he allegedly fired into a home and later claimed he was attacked.
Under Texas law, a person awaiting extradition may be detained for no more than 90 days before release, unless a court orders otherwise. Abbott’s brief emphasizes that the 90‑day limit restricts pre‑warrant detention, not the governor’s authority to approve or deny an extradition request.
State officials’ positions
Attorney General Keith Ellison’s office has not commented on the lawsuit. Cameron County Sheriff Manuel Trevino filed a separate court document stating he must follow state law and release Castro on the 90th day unless a judge orders a longer hold.
Abbott directed interim Secretary of State Robert Howden, a former senior adviser, to investigate whether the statutory prerequisites for extradition have been satisfied. Howden’s report is still pending, and Abbott has not yet made a final decision.
Political context
Abbott’s challenge follows a broader dispute with Minnesota Governor Tim Walz. At a recent news conference, Abbott expressed distrust of Walz and cited a Minnesota welfare‑fraud scandal that the Trump administration used to justify the Operation Metro Surge crackdown.
Ellison called Abbott’s refusal to extradite “unconstitutional” and a violation of both federal and Texas law. Abbott responded by questioning the constitutional basis of the request and highlighting the lack of evidence that Castro fled Minnesota.
Upcoming hearing
The matter is set for a Tuesday hearing in Brownsville, where both Texas and Minnesota representatives will argue their positions before the judge.
Regardless of the outcome, the case underscores the tension between state‑level extradition procedures and the broader political disagreements surrounding immigration enforcement and inter‑state cooperation.
Original reporting: Texas Tribune (HLL/CB) — read the source article.