A federal judge has ordered U.S. immigration authorities to release Jose Trinidad Rojas Pliego, a key witness in the fatal shooting of Lorenzo Salgado Araujo by an ICE officer in Houston. U.S. District Judge Keith Ellison ruled on Monday that Rojas Pliego's detention violated his Fifth Amendment due process rights and ordered his release within 48 hours. The decision follows a writ of habeas corpus petition filed by Rojas Pliego, who was detained by ICE after the July 7 shooting.
Rojas Pliego, a Mexican citizen who has lived in the U.S. since 1998, was one of three passengers in a van driven by Salgado Araujo when the shooting occurred. All three were taken into ICE custody. The Department of Homeland Security (DHS) claimed Salgado Araujo had 'weaponized his vehicle' in an attempt to run over an ICE officer, but Rojas Pliego and another passenger disputed this account in court statements, asserting the officers were to the sides of the van, not in front or behind it.
Rojas Pliego has applied for a U-visa, a special status for crime victims who assist law enforcement. If granted, he would receive a four-year work permit, protection from deportation, and a path to a green card. The Harris County District Attorney’s Office has sponsored his application.
The shooting, which occurred during a traffic stop, has sparked protests and calls for an independent investigation. Salgado Araujo, a 52-year-old father of three, had lived in the U.S. for 35 years and was close to obtaining legal status, according to his family. He had no known criminal record.
The DHS must release Rojas Pliego in a public place within the Southern District of Texas and return all his personal property, including identity documents. The agency must also provide his attorney with at least three hours' notice before release.
The Harris County District Attorney’s Office has indicated it is prepared to prosecute federal immigration agents if criminal wrongdoing is found in the shooting.