Attorney General Ellison sues Texas Governor Abbott to compel extradition of ICE agent Christian Castro

Castro is charged with four counts of second-degree assault and one count of falsely reporting a crime for allegedly shooting into an occupied house during Operation Metro Surge, striking someone in the leg, and lying about the shooting

Castro was arrested in Texas on May 29, 2026, yet Governor Abbott has refused to sign off on his extradition to Minnesota to stand trial

Interstate extradition is meant to be a routine procedural process with no room for individual discretion; Ellison’s lawsuit seeks to compel Castro’s extradition to Minnesota to face charges here

August 18, 2026 (SAINT PAUL) — Today, Attorney General Keith Ellison sued Texas Governor Greg Abbott to compel him to extradite Immigration and Customs Enforcement (ICE) agent Christian Castro to stand trial in Minnesota for his alleged shooting of a victim during Operation Metro Surge. Today’s lawsuit follows letters from Hennepin County Attorney Mary Moriarty and Attorney General Ellison requesting that Governor Abbott fulfill his duty to extradite Castro. Attorney General Ellison’s letter, which was sent on Thursday, August 13, informed Governor Abbott that he would face legal action if he did not comply with his duty. 

Attorney General Ellison will also be requesting the court grant a temporary restraining order barring the Cameron County Sheriff’s Office from releasing Castro and requiring Governor Abbott to sign the extradition warrant allowing Minnesota law enforcement agents to take custody of Castro.

"A Hennepin County District Court judge found probable cause to believe that ICE agent Christian Castro committed felony-level assault when he allegedly fired his gun into a Minnesota home with people inside it and hit someone," said Attorney General Ellison. "A Hennepin County District Court judge also found probable cause to believe that Castro falsely reported a crime because he allegedly lied about the circumstances surrounding the shooting. Now, Governor Abbott is trying to shield Castro from being held accountable for these serious charges by refusing to extradite him to Minnesota.  Abbott's refusal to extradite Castro is unconstitutional and violates federal law and Texas law. I will not stand for that, so I’m taking Abbott to court. Christian Castro will stand trial in Minnesota.”

“This is not about politics. It is about the law. This is not a legally discretionary task. Governor Abbott is required by law to sign the Governor’s Warrant that has been with his office since June 3,” Hennepin County Attorney Mary Moriarty said. “I’m hopeful that the litigation the Attorney General has filed today will move us toward the correct outcome, which is Mr. Castro appearing in a Hennepin County courtroom to be held accountable for his actions.”

The shooting and attempted cover-up during Operation Metro Surge

On May 18, 2026, the Hennepin County Attorney’s Office charged Castro with four counts of second-degree assault and one count of falsely reporting a crime for his conduct in January. 

The criminal complaint alleges that on January 14, 2026, ICE agent Christian Castro fired a gun at the front door of a home in Minneapolis, Minnesota, while the home was occupied by multiple people. Castro’s gunshot struck a victim in the leg. The bullet’s final impact point was a child’s bedroom wall.  The complaint further alleges that Castro “informed a law enforcement officer that a crime had been committed, or otherwise provided information to an on-duty peace officer regarding the conduct of others, knowing that such information was false.”

A criminal complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

A nationwide warrant was issued for Castro’s arrest. On May 29, 2026, Texas Rangers found and arrested Castro, and a Cameron County judge ordered Castro detained pending extradition proceedings. 

Interstate extradition is not discretionary

On June 2, just four days after Castro’s arrest, Governor Walz sent Governor Abbott an extradition request. Interstate extradition is a ministerial process, meaning it follows a required procedure with no room for personal judgment or discretion by the state where the fugitive is located. Despite that, Governor Abbott has thus far withheld a rendition warrant directing Cameron County Sheriff Manuel Trevino to effectuate Castro’s transfer back to the State of Minnesota for prosecution.

Governor Abbott’s withholding of the rendition warrant threatens to deprive Minnesota of its constitutional right to Castro’s return. Furthermore, because Texas law mandates Castro’s discharge from custody after 90 days, Abbott’s continued refusal to extradite creates a substantial risk that Castro will be released from custody and flee Texas to avoid prosecution in Minnesota. Such an outcome is directly contrary to the intended purpose of the U.S. Constitution’s Extradition Clause of enabling states to bring offenders to trial as swiftly as possible. Attorney General Ellison’s request for a temporary restraining order will seek to prevent this by barring Texas law enforcement from releasing Castro.

The Extradition Clause of the Constitution states:

According to the U.S. Supreme Court’s unanimous 1987 ruling in Puerto Rico v. Branstad, “the commands of the Extradition Clause are mandatory, and afford no discretion to the executive officers or courts of the asylum state.” The federal Extradition Act and Texas law similarly afford Governor Abbott no discretion to refuse to extradite. 

History of routine cooperation between Minnesota and Texas on requests for extradition

Governor Abbott’s refusal to extradite Castro is a stark departure from historical practice between Minnesota and Texas. During the last five years, Minnesota sought extradition of 11 individuals from Texas who were charged with crimes in Minnesota. On average, Governor Abbott signed rendition warrants in response to Minnesota’s requests in approximately 30 days. Similarly, during the same five-year period, Texas sought extradition of 21 individuals from Minnesota who were charged with crimes in Texas. Governor Walz responded swiftly to those requests: on average, he executed those rendition warrants in fewer than five days. Governor Walz executed two of Texas’s extradition requests since he issued his June 2nd request to Governor Abbott for Castro’s extradition.

Governor Abbott has failed to respond to multiple requests for status updates from Governor Walz’s office and Hennepin County Attorney Mary Moriarty. Because Abbott has still not acted, Attorney General Ellison filed today’s lawsuit to legally compel him to do so.

In his lawsuit, Attorney General Ellison asks the court to declare that Governor Abbott’s refusal to issue a rendition warrant in this case is unconstitutional and unlawful, to issue a writ of mandamus compelling Abbott to issue that warrant, to bar Abbott and Cameron County Sheriff Manuel Trevino from discharging Christian Castro from custody until Castro is delivered to the State of Minnesota to stand trial, and to award the State of Minnesota attorneys’ fees for forcing the state to bring a lawsuit that should never have been required.