Minnesota prosecutor charges second ICE agent wake of Operation Metro Surge

By Elyse Apel
The Center Square

A Minnesota prosecutor announced Monday criminal charges against an Immigration and Customs Enforcement officer in connection with the non-fatal January shooting of a Minneapolis man.

Hennepin County Attorney Mary Moriarty said ICE officer Christian Castro is being charged with four counts of second-degree assault and one count of falsely reporting a crime stemming from the Jan. 14 shooting of Julio Cesar Sosa-Celis, who Moriarty said was “here lawfully.”

A warrant has been issued for Castro’s arrest.

Moriarty said the case reflects her office’s position that federal status does not shield officers from state prosecution.

“Mr. Castro is an ICE agent, but his federal badge does not make him immune from state charges for his criminal conduct in Minnesota,” she said. “There is no such thing as absolute immunity for federal officers who commit crimes in this state or any other.”

According to prosecutors, a federal officer shot Sosa-Celis in the thigh after he and another officer pursued a different man to the apartment duplex where he and Sosa-Celis lived.

Last month, Minneapolis released security camera footage of the incident captured from a distance.

“A violent crime did occur that night, but it was Mr. Castro who committed it,” Moriarty said. “He shot through the door of a home with many people, including children, inside, while fortunately missing several others.”

Federal authorities had initially accused both men of assaulting an officer with a broom handle and snow shovel during the incident. Those charges were later dismissed by a federal judge and federal officials have yet to announce any of their own charges in the incident.

The Department of Homeland Security did not immediately respond to an email from The Center Square requesting comment.

This comes as the state is pursuing more than a dozen additional investigations as part of Minnesota’s effort to scrutinize federal law enforcement.

Moriarty said the situation reflects an unusual set of circumstances.

“There’s no modern precedent for what happened to the people here in Minnesota,” she said.

In March, Moriarty announced the launch of a public portal seeking photos and videos to help identify potentially unlawful behavior. Her office is currently reviewing at least 17 cases, including an incident in which Border Patrol official Greg Bovino allegedly threw a smoke canister at protesters.

Bovino was later relieved of his role in the Twin Cities operation.

In total, Operation Metro Surge brought thousands of federal agents to the Twin Cities earlier this year and sparked sustained protests, particularly following the January shootings.

“There are many victims whose stories need to be told. We will investigate and pursue charges where appropriate,” Moriarty said in March. “If you saw or experienced unlawful conduct by federal agents, please submit any photo or video evidence.”

A spokesperson for the U.S. Department of Homeland Security previously told The Center Square that such investigations are unwarranted and argued that federal agents are protected when acting within the scope of their duties.

“This does nothing to make Minnesota safer. Enforcing federal immigration laws is a clear federal responsibility under Article I, Article II and the Supremacy Clause,” the spokesperson said. “Federal officials acting in the course of their duties are immune from liability under state law.”

Federal officials, including White House border czar Tom Homan, have defended the larger effort, saying agents apprehended more than 4,000 individuals, including violent offenders and gang members.

This is the second prosecution Moriarty has filed against a federal immigration agent for actions during Operation Metro Surge. The first was announced in April against ICE agent Gregory Donnell Morgan Jr., who was charged with two counts of second-degree assault.