Good, but it shouldn’t have come to this.
The state of Minnesota is asking a federal judge to force Gov. Greg Abbott to authorize the extradition of a U.S. Immigration and Customs Enforcement agent accused of shooting a Minneapolis man earlier this year.
The lawsuit, filed Tuesday, says the Republican governor has delayed the extradition of the ICE officer, Christian J. Castro, 52, for months — to the point that Castro could soon be eligible for release under Texas law, which sets a 90-day limit on detention of fugitives awaiting extradition.
“There is a substantial risk that Castro will flee and avoid prosecution in Minnesota,” the lawsuit says.
Castro was arrested by Texas Rangers in May after Minnesota prosecutors issued a nationwide warrant and charged him in the January shooting of a Venezuelan national. He is being held in Cameron County and Minnesota officials in June asked Abbott to sign extradition paperwork to send him back there to face prosecution.
Abbott’s office declined to comment on the lawsuit and did not answer questions about whether Abbott intends to approve the extradition.
The lawsuit says Abbott has no choice in the matter under both the U.S. Constitution, which includes a clause on extradition, and Texas law, which considers only “whether the extradition documents are valid on their face and whether the arrestee is the same person named in the request.”
It says Abbott’s delay is “unusual and inconsistent with historical practice.” Minnesota has sought extradition from Texas 11 times in the last five years, according to the lawsuit, and Abbott has signed off on each in an average of fewer than 30 days. That included an extradition request for an individual charged with second degree assault — the same crime with which Castro is charged — that Abbott signed off on 17 days after Minnesota asked.
It also says Abbott has signed off on other extraditions to Minnesota since the state requested he approve of Castro’s.
The lawsuit claims Abbott’s state extradition coordinator told Minnesota Gov. Tim Walz’s staff in June that she was hoping to have the signed paperwork for Castro’s extradition back the next day. When Walz’s staff followed up, they were redirected to a deputy general counsel who has repeatedly told them he had no updates to provide.
Previously, all Congressional Democrats from Texas sent Abbott a letter demanding that he get off the pot already. This is what lawlessness looks like, when the people in positions of power just simply ignore the law when it suits them. I’m sure you can think of other relevant examples. I think Abbott is likely to fold on this because he’s generally weak and doesn’t like being out on a limb when there’s no clear gain for him, but who knows. Just always keep this kind of thing in mind when people boast about being “tough on crime”. The Trib and Texas Public Radio have more.
My money is on Abbott doing precisely nothing until there’s a signed and completely processed administratively order from a Federal judge (if even then) – after all, he has to keep his MAGAt credentials all bright and shiny.