Jose Trinidad Rojas Pliego was in the passenger seat of the white work van when Lorenzo Salgado Araujo was shot and killed on July 7.
This comes after the latest order that ICE will not conduct vehicle stops anymore following Texas and Maine shootings.
The shooting has outraged Houston leaders and renewed public scrutiny over ICE and President Trump's immigration crackdown.
The man fatally shot during a traffic stop by an Immigration and Customs Enforcement officer in Houston this week was not the original target of the immigration enforcement operation, a Department of Homeland Security official told ABC News.
In the days following the shooting, Lorenzo Salgado Araujo's family has called for an independent investigation into the case and said they have not heard anything from the Department of Homeland Security or ICE.
Lorenzo Salgado Araujo was shot and killed on Tuesday.