Houston ICE Officer Indicted on Aggravated Assault Charge

A Harris County grand jury in Texas has indicted a federal immigration officer on a charge of aggravated assault with a deadly weapon, in what NBC News reported is believed to be the first such charge against an immigration agent in Texas.

The allegations

The case stems from an October 10 incident in northwest Houston, near Highway 6 and Clay Road, according to the Houston Chronicle, Houston Public Media and KPRC. Reports say an unmarked Immigration and Customs Enforcement vehicle chased a pickup into a strip mall parking lot, and the driver, 48-year-old Miguel Parra-Hernandez, ran on foot.

Prosecutors allege that the officer, Mario Alberto Morales, 33, steered the vehicle into Parra-Hernandez and ran over his legs. The sheriff’s office said he suffered multiple fractures in his right leg. He remains in ICE custody and is in rehabilitation, according to the AP. Reports said he had no criminal record.

An indictment is a formal accusation, not a finding of guilt. Morales is presumed innocent.

The charge

The grand jury returned the indictment on October 30. Aggravated assault with a deadly weapon is a second-degree felony in Texas, punishable by two to 20 years in prison if convicted, according to NBC News and CBS News. The case is in the 174th District Court. Morales is on administrative leave, KPRC reported.

The two sides

Harris County District Attorney Sean Teare said an ICE badge does not give anyone free rein to injure people or violate their constitutional rights, according to Houston Public Media and the Texas Tribune.

ICE and the Department of Homeland Security called the case a political stunt and said the man ran in front of the vehicle, according to NBC News. The agency also argued that only federal authorities can investigate its officers. Teare called that claim false.

A federal immunity fight

Under the Constitution’s Supremacy Clause, federal officers can sometimes claim immunity from state prosecution for actions taken in their official duties if those actions were authorized and reasonable. The administration has argued that federal officers have such protection, the Texas Tribune reported. Federal officers charged in state court can also seek to move their cases to federal court.

Not the only case

In Minnesota, ICE officer Christian Castro has been charged over a January shooting, according to NBC News. Teare’s office is also still investigating a fatal July shooting in Houston by an ICE agent; no charges have been filed in that case.

What comes next

Key questions include whether the case is moved to federal court and whether a judge finds that immunity applies. Either decision could shape how states respond to federal enforcement actions.

Developing: some details in this report are preliminary or unconfirmed and are identified as such in the text.

Sources: Associated Press, CBS News, NBC News, Texas Tribune, Houston Chronicle, Houston Public Media.