Minnesota Files Interstate Federal Lawsuit Over Refusal to Extradite Indicted Federal Officer

ST. PAUL, MN — Minnesota Attorney General Keith Ellison filed an emergency original action in federal district court Thursday, seeking a writ of mandamus compelling Texas Governor Greg Abbott to execute an interstate extradition warrant for a federal immigration officer indicted on felony assault charges.

Interstate Extradition Clause and Sovereign Precedent

The legal filing invokes Article IV, Section 2 of the United States Constitution (the Extradition Clause) and the federal Extradition Act (18 U.S.C. § 3182), which establish that executive authorities have a non-discretionary constitutional duty to surrender fugitives demanded by another state. The case arises from a Ramsey County grand jury indictment charging an Immigration and Customs Enforcement (ICE) special agent with third-degree assault during a contentious Minneapolis enforcement operation.

Governor Abbott's legal counsel previously refused the requisition, contending that federal officers acting within the scope of official duties possess qualified immunity from state prosecution.

Constitutional Stakes and Multi-State Amicus Filings

Legal scholars noted that the dispute revisits core constitutional principles established in Puerto Rico v. Branstad, which confirmed that federal courts possess jurisdiction to compel state governors to fulfill mandatory extradition obligations.

Attorneys general from several Midwestern states signaled they will file supporting amicus briefs to prevent interstate extradition breakdowns from eroding nationwide criminal justice enforcement.

Hearing Schedule and Expedited Briefing

U.S. District Judge Nancy Brasel ordered the State of Texas to file formal responsive pleadings by September 4, 2026, with oral arguments set for September 18.