A federal judge ordered U.S. immigration authorities to release Jose Trinidad Rojas Pliego, a key witness in the fatal July 7 Houston ICE shooting, within 48 hours, citing due process violations. The ruling marks the latest development in a case that has drawn calls for transparency and accountability following the death of Mexican national Lorenzo Salgado Araujo.
U.S. District Judge Keith Ellison’s order on Monday mandates that Rojas Pliego, a Mexican citizen who has lived in the U.S. since 1998, be released in a public space within the Southern District of Texas. ICE must notify his attorneys at least three hours in advance and return his personal documents, including his driver’s license and passport. The decision follows a petition for a writ of habeas corpus arguing that his detention without individualized justification violates the Fifth Amendment.
The Legal Battle for Due Process
Ellison’s ruling centers on the government’s practice of detaining noncitizens without individual justification. The Due Process Clause does not permit the government to detain any noncitizen, no matter how long they have actually lived in the United States, for any length of time, without any individualized justification,
the judge wrote, quoting an earlier ruling. The order also requires DHS to seek a pre-detention hearing before it seeks to re-detain Rojas Pliego.
Rojas Pliego’s attorneys argue that his lengthy residency, lack of criminal record, and ties to U.S.-citizen relatives make him an unlikely flight risk. His pending U-Visa application—as a potential victim of crime—adds complexity to his case. He could have ordered a bond hearing to be taken in immigration court,
said Raed Gonzalez, one of Rojas Pliego’s attorneys, referencing a procedural option courts have sometimes used. That’s what … sometimes some of the judges have done. Thankfully, this one knew what he was doing.
A Fractured Account of the Shooting
The shooting occurred when ICE agents stopped a van driven by Lorenzo Salgado Araujo, a 52-year-old father of three who had been living in the U.S. for 35 years. According to the Department of Homeland Security, Salgado Araujo had weaponized his vehicle in an attempt to run over an ICE law enforcement officer,
prompting a self-defense shooting. However, Rojas Pliego and another passenger disputed this account, alleging agents rammed the van before the shooting.
The people of Houston deserve answers, they deserve transparency, they deserve accountability,
said Rep. Syliva Garcia, who called for congressional oversight of ICE. The Harris County District Attorney’s Office has stated it is prepared to prosecute federal agents if criminal wrongdoing is found. He did not use drugs.
Broader Implications for Immigration Enforcement
The case has reignited debates over ICE’s use-of-force policies and accountability measures. Lawmakers criticized the agency for lacking body-worn cameras on agents and for what they described as a lack of cooperation from federal agencies. Salgado Araujo’s killing was one of at least 10 during immigration enforcement operations since the start of President Trump’s mass deportation campaign.
DHS did not immediately respond to a request for comment about the order. We were hopeful, but definitely really happy,
said Raed Gonzalez.
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