US Judge Rules ICE Raids Require Judicial Warrants, Contradicting Secret ICE Memo

"The ruling, issued by US District Court judge Jeffrey Bryan in response to a petition for a writ of habeas corpus on January 17, did not assess the legality of ICE's internal guidance itself. But it squarely holds that federal agents violated the United States Constitution when they entered a residence without consent and without a judge-signed warrant; the same conditions ICE leadership has privately told officers is sufficient for home arrests, according to a complaint filed by Whistleblower Aid,"

"In a sworn declaration, Garrison Gibson, a Liberian national who has lived in Minnesota for years under an ICE order of supervision, says agents arrived at his home in the early morning on January 11 while his family slept inside. He says he refused to open the door and repeatedly demanded to see a judicial warrant. According to the declaration, the agents initially left, then returned with a larger group."

"The declaration was filed as part of a January 12 Minnesota lawsuit against Homeland Security secretary Kristi Noem challenging federal immigration enforcement operations in the Twin Cities, which state officials characterize as an unconstitutional surge of ICE and other agents that has roiled Minneapolis and Saint Paul and drawn comparisons to an "invasion" by local leaders and activists."

A federal judge in Minnesota found ICE agents violated the Fourth Amendment by entering a residence without a judge-signed warrant. The ruling came in response to a habeas petition and did not evaluate the legality of ICE's internal guidance. The agents' conduct closely mirrored an undisclosed ICE directive that claims agents may enter homes without judge-signed warrants, according to a complaint filed by Whistleblower Aid. Garrison Gibson's sworn declaration says agents arrived early January 11, he refused to open the door, they returned with a larger group, deployed pepper spray, and used a battering ram to force entry. Federal officials did not contest the petition.

Read at WIRED