Precedent in the USA: Immigration agent to be prosecuted after shooting a migrant — faces up to 5 years in prison

In an unprecedented move: US Immigration and Customs Enforcement (ICE) agent Christian Castro, who shot a migrant during the Trump administration's extensive enforcement operation in Minneapolis, was charged with making false statements to investigators regarding the circumstances of the shooting after he turned himself in yesterday (Thursday) to authorities in Texas.

This is the first case in which the US Department of Justice is prosecuting a federal immigration agent for his actions during the controversial operation in Minnesota.

Castro, 52, is charged with making false statements to investigators, an offense that carries a maximum penalty of five years in prison. At the same time, a separate indictment has already been filed against him in the state of Minnesota for assault and filing a false report of a crime. Castro was suspended from his position at ICE following the incident and has remained off duty since.

However, a dispute has arisen within the Department of Justice over the severity of the charges. Federal prosecutors in Minneapolis sought to prosecute Castro for civil rights violations as well — a more serious offense that could lead to a sentence of up to ten years in prison. According to the Washington Post, senior officials at the Department of Justice were skeptical of the move, and as of now, the charge has not been filed. The Department of Justice claims that the investigation into the matter is still ongoing and that a final decision has not yet been made.

The internal dispute even led to turmoil in the US Attorney's Office in Minnesota. Prosecutor Matthew Evans, who was involved in the investigation, protested the decision not to move forward at this stage with the civil rights violation charges. Shortly thereafter, Evans was fired from his position and is now being investigated himself on suspicion of obstruction of justice.

The attorney for the migrant who was shot, Julio Cesar Sosa-Salis, attacked the decision and accused the Department of Justice of significantly going easy on Castro. According to her, the statements made by the agent were intended to hide the fact that he shot at her client through the door of an occupied house without any justification of self-defense. Sosa-Salis also intends to seek damages from the federal government.

The incident at the center of the affair occurred on January 14, at the height of the immigration enforcement operation in the Minneapolis area. Castro and another agent chased a migrant named Alfredo Alejandro Alhorna, who fled into his home. During the event, Castro fired through the front door and hit the thigh of Sosa-Salis, a migrant from Venezuela who lived in the house.

Immediately after the shooting, Castro claimed that he opened fire in self-defense. Federal authorities initially adopted the agents' version, according to which Sosa-Salis and another person came out of the house and attacked the immigration agents with a shovel and a broomstick. Kirsti Noem, the Secretary of Homeland Security at the time, even described the incident as an "attempt to murder law enforcement officers."

Days after the event, indictments were filed against Sosa-Salis and his roommate for assaulting the agents, but later this version began to crumble. Video footage from the scene presented a picture that contradicted the agents' claims, and the federal prosecutors themselves returned to court and asked to dismiss the charges against the two men. According to them, the evidence showed that Castro and other agents "apparently made false statements" regarding what happened.

Parallel to the federal process, an unusual struggle has been going on for months between Minnesota and Texas over Castro's prosecution in the state. Castro was arrested in Texas in May following the charges filed against him in Minnesota, but Republican Texas Governor Greg Abbott refrained from approving his extradition. Abbott's lawyers argued that it should be examined whether Castro can even be defined as a "fugitive," since he left Minnesota by order of the immigration authority and not to evade prosecution.

After being held for about three months in Texas, Castro was released last week because, according to state law, a person waiting for a decision on an extradition request cannot be held for more than 90 days. Now, his arrest by federal authorities may allow for his return to Minnesota even without a decision from Abbott.

The affair is taking place against the backdrop of one of the largest immigration enforcement operations conducted by the US administration. Thousands of federal agents were sent at the beginning of the year to the Minneapolis and St. Paul area as part of "Operation Metro Surge," which was defined as the largest enforcement operation of its kind. The agents' activity sparked widespread protests and criticism from lawmakers and federal judges.

The tension intensified following the deaths of US citizens Rene God and Alex Party, who were killed by gunfire from federal agents during the operation. The cases sparked sharp public criticism and questions regarding the conduct of the forces, but so far, senior Department of Justice officials have resisted calls to investigate other prominent shooting incidents involving Department of Homeland Security personnel. The indictment against Castro is therefore the first known case in which the Department of Justice is prosecuting a federal immigration agent for actions taken as part of the operation in Minnesota.