Federal Judge Orders ICE to Follow the Law, Contradicts Secret Memo on Home Raids
In a major victory for civil liberties advocates, a federal judge in Minnesota has ruled that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment by entering a man's home without consent or a judicial warrant. The decision contradicts a previously undisclosed ICE memo claiming that agents do not need to show a warrant to enter homes.
The ruling came after Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector, filed a petition for a writ of habeas corpus on behalf of Garrison Gibson, a Liberian national who has lived in Minnesota for years under an ICE order of supervision. In his sworn declaration, Gibson recounted how ICE agents arrived at his home in January 2026, claiming to have a warrant, but instead deployed pepper spray towards neighbors and used a battering ram to force open the door.
The judge's ruling implies that ICE's internal guidance on Form I-205, an administrative document known as a "Warrant of Removal/Deportation," is at odds with long-standing Fourth Amendment limits on warrantless home entry. This guidance instructs officers that a signed I-205 is sufficient authority to enter a person's home without their consent.
Critics argue that this approach undermines the judicial check the Fourth Amendment is meant to impose, as it allows executive-issued warrants to justify home entry. Orin Kerr, a leading expert on Fourth Amendment doctrine, has warned that such warrants lack the "neutral and detached" review required before the government can cross the threshold of a private residence.
Gibson's case highlights the tension between immigration enforcement policies and constitutional protections. Despite his court-ordered release, Gibson was re-arrested by ICE agents at a Minnesota immigration office, sparking concerns about the agency's adherence to the law.
ICE officials have defended their actions, claiming that people served with administrative warrants have received "full due process and a final order of removal." However, the judge's ruling suggests that this approach may not be consistent with constitutional standards.
In a major victory for civil liberties advocates, a federal judge in Minnesota has ruled that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment by entering a man's home without consent or a judicial warrant. The decision contradicts a previously undisclosed ICE memo claiming that agents do not need to show a warrant to enter homes.
The ruling came after Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector, filed a petition for a writ of habeas corpus on behalf of Garrison Gibson, a Liberian national who has lived in Minnesota for years under an ICE order of supervision. In his sworn declaration, Gibson recounted how ICE agents arrived at his home in January 2026, claiming to have a warrant, but instead deployed pepper spray towards neighbors and used a battering ram to force open the door.
The judge's ruling implies that ICE's internal guidance on Form I-205, an administrative document known as a "Warrant of Removal/Deportation," is at odds with long-standing Fourth Amendment limits on warrantless home entry. This guidance instructs officers that a signed I-205 is sufficient authority to enter a person's home without their consent.
Critics argue that this approach undermines the judicial check the Fourth Amendment is meant to impose, as it allows executive-issued warrants to justify home entry. Orin Kerr, a leading expert on Fourth Amendment doctrine, has warned that such warrants lack the "neutral and detached" review required before the government can cross the threshold of a private residence.
Gibson's case highlights the tension between immigration enforcement policies and constitutional protections. Despite his court-ordered release, Gibson was re-arrested by ICE agents at a Minnesota immigration office, sparking concerns about the agency's adherence to the law.
ICE officials have defended their actions, claiming that people served with administrative warrants have received "full due process and a final order of removal." However, the judge's ruling suggests that this approach may not be consistent with constitutional standards.