ice

PORTLAND, Maine — The person Immigration and Customs Enforcement agents targeted in Maine last month when an officer shot and killed a motorist was a roommate who was not subject to a final removal order, a Democratic congresswoman from the state said.

Johan Sebastián Durán Guerrero, a 25-year-old Colombian national, was shot and killed by an ICE agent in a car near his Biddeford home on July 13. Rep. Chellie Pingree said during a hearing in Maine on Monday that ICE’s intended target was Durán Guerrero’s roommate, who was the owner of the car Durán Guerrero was driving.

Pingree called the discovery a “shocking revelation in clear contradiction to what ICE” and the U.S. Department of Homeland Security have said about the shooting. She added that it was previously established Durán Guerrero was not the intended target and also did not have a final order of removal, but did have a pending asylum case and a valid work permit.

“Johan Sebastián Durán Guerrero should be alive today,” Pingree said during the hearing. “More than a month later, there are still so many basic questions that remain unanswered by ICE and the Trump administration.”

The Department of Homeland Security said in a statement late Monday that it stands by its prior assessment of the shooting. ICE was conducting “targeted surveillance on the last known address of an illegal alien with a final order of removal,” a spokesperson for the agency said.

“We are not going to disclose law enforcement sensitive intelligence and methods. Nowhere did we state that Johan Sebastián Durán Guerrero or his roommate were the target of the operation,” the spokesperson said.

The shooting of Durán Guerrero remains under investigation by the office of the Maine attorney general. Pingree was among several Democratic House members who spoke at a hearing in Biddeford on Monday to discuss ICE’s use of deadly force in the state. The Department of Homeland Security said at the time of the shooting that Durán Guerrero attempted to flee the scene and the ICE officer discharged his weapon because he feared for public safety.

Pingree and other Democratic members of Congress have also called for answers from Homeland Security about its training and vetting of agents after it was disclosed that the ICE officer involved in the shooting had a history of violent behavior and mental health issues. The shooting also appeared to lead to a policy change in which ICE would suspend most vehicle stops, but President Trump swiftly expressed opposition to that change.

Whittle writes for the Associated Press.

State Attorney General Keith Ellison has called for the transfer of an ICE agent accused of lying about a nonfatal shooting.

Minnesota’s attorney general is suing the governor of Texas to force the extradition of a federal agent charged with shooting and wounding a man during President Donald Trump’s immigration crackdown in Minneapolis.

In a lawsuit filed on Tuesday, Minnesota Attorney General Keith Ellison argued that Texas Governor Greg Abbott has refused to fulfil his “mandatory” obligation to transfer Immigration and Customs Enforcement (ICE) agent Christian Castro, so that he may stand trial.

“Governor Abbott has withheld the warrant and held up Castro’s extradition for nearly three months,” Ellison told reporters on Tuesday. “He has no discretion to decline to do so.”

Ellison also asked the US district court in southern Texas to bar Cameron County Sheriff Manuel Trevino from allowing Castro’s release from jail.

Castro’s case has become part of a national debate over transparency and excessive violence during Trump’s mass deportation campaign.

The agent was involved in the January 14 shooting of Julio Cesar Sosa-Celis, a Venezuelan man living in Minnesota. Officials allege that Castro fired a gun into Sosa-Celis’s front door, striking him in the leg.

Initially, the Trump administration said the agents had fired in self-defence, accusing Sosa-Celis and two other people of attacking officers with a broom and a snow shovel during an immigration enforcement operation.

Then-Homeland Security Secretary Kristi Noem went so far as to call the incident the “attempted murder” of an ICE agent.

But video emerged contradicting the ICE agents’ testimony, and in February, federal prosecutors dropped the charges they had filed against Sosa-Celis and his housemate, Alfredo Aljorna.

In a statement that month, ICE’s then-Acting Director Todd Lyons confirmed that Castro and a second ICE agent appeared to have lied about the incident. The two officers were subsequently placed on administrative leave.

“A joint review by ICE and the Department of Justice (DOJ) of video evidence has revealed that sworn testimony provided by two separate officers appears to have made untruthful statements,” Lyons said in a statement at the time.

In May, the Hennepin County Attorney’s Office charged Castro with four counts of second-degree assault and one count of falsely reporting a crime.

“Mr Castro is an ICE agent. But his federal badge does not make him immune from state charges for his criminal conduct in Minnesota,” Hennepin County Attorney Mary Moriarty said in a statement.

Castro was arrested on May 29 in Texas, and he has remained in detention since.

But Ellison has expressed concern that Texas officials – including Abbott, an ally of President Trump – could seek Castro’s release rather than have him face trial.

The Minnesota attorney general described Castro as a flight risk, likely to flee across the US border to Mexico.

“We know that [Castro] has some connections to Mexico, and we know that he has some thought of at some point going to Mexico,” Ellison said. “So, we do believe he’s a risk.”

Abbott’s office told The Associated Press in a statement that it would not comment on “pending extradition matters”.

Under Texas law, Ellison said the 52-year-old Castro could be released from custody as soon as next week – 90 days after he was detained – if Abbott does not agree to his extradition.

The Sosa-Celis shooting was one of several cases this year that prompted questions about the use of deadly force during immigration proceedings.

The Minneapolis area was the subject of one of Trump’s most intense immigration enforcement campaigns, dubbed Operation Metro Surge.

Lasting from December to February, Operation Metro Surge saw what critics considered to be escalating tactics from immigration officials, including warrantless house searches.

Two US citizens, Renee Good and Alex Pretty, were killed by agents during protests against the operation.

ST. PAUL, Minn. — Minnesota Atty. Gen. Keith Ellison sued Texas Gov. Greg Abbott on Tuesday, seeking to compel the extradition of an Immigration and Customs Enforcement agent to stand trial for assault and falsely reporting a crime in the wounding of a man during the agency’s crackdown in Minneapolis.

Ellison said he would request a temporary restraining order barring the Cameron County Sheriff’s Office in Texas from releasing ICE agent Christian Castro and requiring Abbott to sign the extradition warrant allowing Minnesota law enforcement agents to take custody of him.

Castro was arrested 11 days after Minneapolis prosecutors charged him with assault and falsely reporting a crime in the Jan. 14 nonfatal shooting of Julio Cesar Sosa-Celis. The criminal complaint alleges that Castro fired a gun at the front door of a home in Minneapolis, striking a victim in the leg before lodging in a child’s bedroom wall, and then knowingly provided false information to an officer about it.

Ellison said at a news conference that unless he’s extradited, Castro faces release from jail next week — 90 days since he was detained — under Texas law, and could flee the U.S. from the border town where he’s being held.

“Christian Castro has been charged with breaking the law in Minnesota,” Ellison said. “He must face justice in Minnesota. Gov. Abbott should have granted Gov. Walz’s extradition request long ago and is required to do so now.”

“Christian Castro is not above the law and Greg Abbott isn’t either,” Ellison added.

Hennepin County Attorney Mary Moriarty said the legal action taken Tuesday to compel Castro’s extradition “should be a completely unnecessary lawsuit.” Officials at the jail and local prosecutors in Texas have been “very cooperative,” she said — “it is not supposed to be controversial.”

She said that since Castro’s arrest, Texas has extradited three unrelated criminal defendants without incident to Minnesota at the request of state authorities.

Gov. Abbott has received communication with us on an ongoing basis, including recently,” Ellison said. “We have to take the position that they are refusing to honor the extradition request.”

Vancleave writes for the Associated Press.