Minnesota says the agent faces four assault counts and could be released by Aug. 26 if Texas does not act.
On Tuesday, a federal judge will hold an emergency hearing in Brownsville, Texas regarding Minnesota Attorney General Keith Ellison's lawsuit to force the extradition of ICE agent Christian Castro.
Castro faces felony charges in Hennepin County, including second-degree assault, after allegedly shooting Venezuelan immigrant Julio Cesar Sosa-Celis during January's Operation Metro Surge in Minneapolis.
Texas Governor Greg Abbott has refused to authorize the extradition, stating he does not "trust Tim Walz on anything, let alone something like this" and demanding Minnesota "repay the United States" for fraud.
Cameron County Sheriff Manuel Trevino must release Castro on Thursday when the 90-day detention limit expires, unless the court orders otherwise or Abbott issues a warrant.
Abbott's attorneys argue Castro is not a "fugitive" because he was reassigned by ICE, while Minnesota Attorney General Keith Ellison contends the refusal violates the U.S. Constitution's Extradition Clause.