Minnesotans impacted by warrantless home entry policy sue DHS
A new federal lawsuit was filed Thursday against the Department of Homeland Security on behalf of immigrants and U.S. citizens who have been impacted by DHS's warrantless home entry policy.
The lawsuit alleges Immigration and Customs Enforcement issued a secret "Home Entry Memo" authorizing agents to forcibly enter and search homes without a warrant signed by a judge. Lawyers say the home entries violated the Fourth Amendment.
The suit represents six Minnesota residents, including Garrison Gibson.
On Jan. 11, agents forcibly entered Gibson's home. The Liberian citizen was in the country legally under terms that he met regularly with immigration authorities, according to the judge's order.
U.S. District Judge Jeffrey Bryan said Gibson's arrest violated the Fourth Amendment, which protects against unreasonable search and seizures.
"To arrest him, respondents forcibly entered [his] home without his consent and without a judicial warrant," Bryan wrote.
ACLU Minnesota Legal Director Teresa Nelson believes this policy is being taught to new ICE recruits and violates unlawful search and seizure protections in the Constitution.
"These home entries lack all of the hallmark of things required under the Fourth Amendment," Nelson said.
Nelson said this lawsuit could have national implications, as they begin to document similar raids being carried out in different states.
"We don't have any reason to think that they are not continuing to forcibly enter people's home and traumatize families," Nelson said. "The existence of this memo is problematic and needs to be rescinded."
In a statement from February, DHS officials argued they only used administrative warrants in cases where an undocumented immigrant already had a final deportation order from an immigration judge.
