Federal Judge Orders DHS to Release Immigration and Customs Enforcement (ICE) Witness in Shooting Case

U.S. District Judge Keith P. Ellison, a Clinton-appointed judge in Houston, issued a five-page ruling ordering the Department of Homeland Security (DHS) to release Jose Trinidad Rojas Pliego, a Mexican citizen who was detained after witnessing ICE officers fatally shoot Lorenzo Salgado Araujo earlier this month. The order requires DHS to release Rojas Pliego in a public place within 48 hours, notify his counsel at least three hours in advance, and return all personal property, including identification documents. If the administration seeks to re-detain him during removal proceedings, it must provide prior notice and a pre-detention hearing.

The Hill

Ellison described the continued detention as an “unconstitutional deprivation” of liberty and agreed that Rojas Pliego’s mandatory detention violates his Fifth Amendment right to due process of law. The judge noted that this case is “one of hundreds of similar” habeas corpus petitions he has received concerning the Trump administration’s detention of undocumented migrants.

The Hill

Rep. Sylvia Garcia (D-Texas) said that acting ICE Director David Venturella told her Salgado Araujo was not the target of the operation. Harris County District Attorney Sean Teare (D) reported that federal officials have not shared evidence with his office, including the identities of the ICE officers involved in the shooting.

The Hill

• “Petitioner argues, among other claims, that his mandatory detention violates his Fifth Amendment right to due process of law. The Court agrees,” — Keith P. Ellison, district judge

The Hill