A federal judge ordered the release of a crucial witness who directly contradicts the government's account of how a U.S. Immigration and Customs Enforcement officer fatally shot a Mexican homebuilder during a Houston traffic stop this month. U.S. District Judge Keith Ellison ruled Monday that Jose Trinidad Rojas Pliego must be freed from ICE custody within 48 hours, finding that his detention violates his Fifth Amendment due process rights.
Rojas Pliego was one of three passengers in a van driven by Lorenzo Araujo Salgado when an ICE officer shot and killed Araujo Salgado on July 7. All three passengers were immediately taken into ICE custody following the shooting. The timing of their detention—right after witnessing the killing—has raised questions about whether immigration enforcement is being used to silence witnesses to potential misconduct.
Competing Accounts of the Shooting
The Department of Homeland Security claimed shortly after the shooting that Araujo Salgado had "weaponized his vehicle in an attempt to run over an ICE law enforcement officer," justifying the officer's use of lethal force as self-defense. But Rojas Pliego and another passenger submitted written statements to the court telling a different story. They said the officers were positioned to the sides of their van, never in front or behind it. Rojas Pliego called the government's version "a lie."
Araujo Salgado, 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. His death was one of at least 10 killings during immigration enforcement operations since President Donald Trump launched his mass deportation campaign. The shooting sparked widespread protests in Houston and demands for an independent investigation.
A Witness With Legal Protections
Rojas Pliego entered the U.S. decades ago and hasn't gained legal status, according to his stepdaughter, Griselda Silva. But he has a pending application for a U-Visa, a special legal status designed for victims of certain crimes who've suffered physical or mental abuse and assisted law enforcement, according to Judge Ellison's order. If granted, he'd receive a four-year work permit, protection from deportation and a path to a green card.
Hugo Balderas-Ibarra, an attorney for Rojas Pliego, didn't immediately respond to a request for comment. The judge's order also requires immigration agents to notify Rojas Pliego and hold a pre-detention hearing if they seek to detain him again—a safeguard against using immigration enforcement to prevent him from testifying.
Why This Matters:
The detention of witnesses to alleged law enforcement misconduct raises fundamental questions about accountability in immigration enforcement. When the only people who can contradict an official narrative are locked up by the same agency whose actions they're challenging, the possibility of independent oversight diminishes. Rojas Pliego's case illustrates how immigration status can be weaponized to control who gets to tell their story about what happened during enforcement operations. His pending U-Visa application—specifically designed to protect crime victims who cooperate with authorities—makes his detention particularly troubling. The judge's ruling affirms that due process rights don't vanish when someone lacks legal status, especially when their testimony could illuminate what actually occurred during a fatal shooting. With at least 10 people killed during immigration operations under the current administration, the treatment of witnesses will determine whether any meaningful accountability is possible.