(CNN) — The Justice Department is considering whether to charge an Immigration and Customs Enforcement agent accused of shooting a Venezuelan immigrant in the leg this winter in Minneapolis, according to a source familiar with the deliberations and a DOJ spokeswoman.
Federal charges would mark a significant move for the Trump administration, which has vigorously resisted attempts to hold ICE officers accountable for other shootings.
The agent, Christian Castro, was arrested in May after state prosecutors in Minnesota filed charges against him for second-degree assault and falsely reporting a crime. But Texas Governor Greg Abbott has declined to extradite him to Minnesota.
The person familiar told CNN federal prosecutors could move forward as soon as Tuesday with charges. According to a lawsuit filed by the Minnesota attorney general seeking Castro’s extradition, Castro could be released from custody in Cameron County, Texas as soon as Wednesday. The tight timeline puts pressure on both federal and state prosecutors to keep Castro in custody.
A federal judge in Texas will hold a hearing on Tuesday to consider Minnesota’s request that Abbott send Castro to Minnesota immediately. CNN has reached out to Castro’s lawyer for comment.
The Department of Justice told CNN that prosecutors have not decided whether to charge Castro federally.
“As in any case where the conduct at issue may implicate a civil rights charge, U.S. Attorneys offices are required by DOJ policy to consult and work with the civil rights division because that division has the subject matter experts in this area of law,” Emily Covington, director of public affairs for the Justice Department, wrote in a email. “Any charging decisions that come out of such investigations are collaborative and deliberative and adhere to the facts and law of that specific case and controversy.”
Covington said officials in the civil rights division have held conversations with local prosecutors in Minnesota. It is not clear what, if anything, the Justice Department will ultimately charge. Covington described the conversations as a standard part of any on-going investigation.
Following the shooting in January, the Department of Homeland Security charged the injured man, Julio Sosa-Celis, and another man involved.
Weeks later, in a stunning reversal, the Justice Department filed a motion seeking to drop criminal charges against the two men. In it, the DOJ said federal prosecutors provided incorrect information to the court, while ICE issued a statement admitting its federal agents made “false statements” under oath.
The two federal agents involved have been placed on administrative leave while the Justice Department investigates their “untruthful statements,” which were revealed by a review of video evidence, ICE Director Todd Lyons previously said in a statement.
This story is developing and will be updated.
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