A federal judge in Minnesota has ruled that US Immigration and Customs Enforcement (ICE) agents must obtain a judicial warrant to enter homes without consent, contradicting an internal ICE memo that claims such warrants are not necessary. The ruling comes as part of a lawsuit filed by a Liberian national named Garrison Gibson, who was arrested at his home in January after he refused to let ICE agents in without a warrant.
Gibson's case involves allegations of a previous incident where ICE agents forcibly entered his home, using pepper spray and a battering ram to gain entry. He claims that the agents showed him an administrative warrant, which is issued by ICE supervisors rather than independent judges, without obtaining his consent.
The ruling by US District Court judge Jeffrey Bryan asserts that federal agents violated the Fourth Amendment of the Constitution by entering Gibson's home without a judicial warrant and without his consent. The decision implies that ICE's internal guidance on Form I-205, an administrative document used for removing non-citizens from the country, is at odds with long-standing constitutional limits.
Civil liberties advocates argue that allowing executive-issued warrants to justify home entry would undermine the judicial review required before the government can cross the threshold of a private residence. Orin Kerr, widely regarded as a leading Fourth Amendment scholar, wrote that ICE's position conflicts with these limits and would erode the neutrality of the executive branch.
Gibson was released from detention after the judge's ruling, but his case highlights ongoing concerns about ICE's enforcement practices in Minnesota and other parts of the country. The facility where Gibson was held, known as the Bishop Henry Whipple Federal Building, has become a focal point for protests and community attention amid aggressive federal operations.
ICE acknowledged the request for comment but did not provide a substantive response before publication. In a statement, Homeland Security spokeswoman Tricia McLaughlin claimed that people served with administrative warrants have received "full due process and a final order of removal" and asserted that officers issuing the warrants had found probable cause. However, the judge's ruling implicitly rejects this view.
The case underscores the ongoing tension between ICE's enforcement efforts and constitutional protections for individuals' rights to privacy and safety in their homes.
Gibson's case involves allegations of a previous incident where ICE agents forcibly entered his home, using pepper spray and a battering ram to gain entry. He claims that the agents showed him an administrative warrant, which is issued by ICE supervisors rather than independent judges, without obtaining his consent.
The ruling by US District Court judge Jeffrey Bryan asserts that federal agents violated the Fourth Amendment of the Constitution by entering Gibson's home without a judicial warrant and without his consent. The decision implies that ICE's internal guidance on Form I-205, an administrative document used for removing non-citizens from the country, is at odds with long-standing constitutional limits.
Civil liberties advocates argue that allowing executive-issued warrants to justify home entry would undermine the judicial review required before the government can cross the threshold of a private residence. Orin Kerr, widely regarded as a leading Fourth Amendment scholar, wrote that ICE's position conflicts with these limits and would erode the neutrality of the executive branch.
Gibson was released from detention after the judge's ruling, but his case highlights ongoing concerns about ICE's enforcement practices in Minnesota and other parts of the country. The facility where Gibson was held, known as the Bishop Henry Whipple Federal Building, has become a focal point for protests and community attention amid aggressive federal operations.
ICE acknowledged the request for comment but did not provide a substantive response before publication. In a statement, Homeland Security spokeswoman Tricia McLaughlin claimed that people served with administrative warrants have received "full due process and a final order of removal" and asserted that officers issuing the warrants had found probable cause. However, the judge's ruling implicitly rejects this view.
The case underscores the ongoing tension between ICE's enforcement efforts and constitutional protections for individuals' rights to privacy and safety in their homes.