A federal judge in Texas has temporarily barred US Immigration and Customs Enforcement (ICE) from deporting Jose Trinidad Rojas Pliego. Rojas Pliego is one of the key witnesses in the fatal shooting of Mexican immigrant Lorenzo Salgado Araujo by an ICE officer earlier this month in Houston.
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Another passenger in the van, Victor Hugo Salgado Araujo, the victim’s brother, also remains in ICE custody. Attorneys representing all three men have filed legal petitions seeking their release, arguing they are material witnesses in an active criminal investigation.
Given the circumstances, the judge’s order, hence, ensures that Rojas Pliego remains available while the court considers his legal challenge and investigators continue reviewing the fatal shooting.
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The Department of Homeland Security (DHS) has maintained that the ICE officer acted in self-defence. The officer alleged Salgado ignored commands and “weaponized” his work van by attempting to strike an officer during the traffic stop.
The agency has also acknowledged that Salgado was not the individual ICE agents were originally searching for during the operation.
Salgado’s family has disputed the federal government’s account and called for an independent investigation into the shooting.
Details
US District Judge Keith P. Ellison issued an order on Monday preventing ICE from deporting Rojas Pliego without first obtaining the court’s permission. The judge also prohibited immigration authorities from transferring him outside the Southern District of Texas while the court reviews his case.
The decision concerns one of the three construction workers who were travelling in the work van driven by Salgado Araujo when an ICE officer opened fire during a traffic stop on July 7.
According to court filings cited by ABC News, Jose Trinidad Rojas Pliego is an undocumented immigrant who has lived in the United States since 1998.
His attorney, Raed Gonzalez, said he has no criminal record, is in a common-law marriage with a US citizen, and is the father of three children and four stepchildren, all of whom are US citizens.
Following the shooting, Rojas Pliego was detained by federal immigration authorities and placed in deportation proceedings. He is currently being held at the Montgomery ICE Processing Center in Conroe, Texas.
Rojas Pliego is alongside another witness, Daniel Tirado Pantoja, who is also held in the same detention center.
According to the document, Pantoja has been in the nation since 1996 and has a son and stepdaughter who are both citizens of the United States. Gonzalez stated in his habeas petition that he too had no criminal history.
As the investigation advanced, an FBI affidavit claimed that photos revealed methamphetamine might have been inside the work van. However, Harris County District Attorney Sean Teare rejected that claim. An attorney for Salgado’s brother also argued the substance was likely salt used in a homemade electrolyte mixture for workers labouring in the Texas heat.
According to CBS News, Teare confirmed that his office is conducting its own criminal investigation while federal authorities carry out a separate review. He also revealed that he has submitted paperwork requesting U visas for the three witnesses.
U Visas provide temporary legal protection from deportation for crime victims or witnesses who assist law enforcement investigations.
The district attorney said he is “more than prepared” to bring charges against federal immigration agents if the evidence supports criminal wrongdoing.
