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Wednesday, April 23, 2025

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Minnesotans sue feds over warrantless ICE raids

The lawsuit comes as new Homeland Security Secretary Markwayne Mullin has promised he would end the policy, first implemented in a secret May 2025 memo.

WASHINGTON (CN) — A group of six Minnesota residents sued the Department of Homeland Security on Thursday, challenging a policy authorizing Immigration and Customs Enforcement agents to forcibly enter and search homes without a judicial warrant.

The Minnesotans, represented by the American Civil Liberties Union, filed the suit in the U.S. District Court for the District of Columbia after masked, armed ICE agents entered their homes and detained them this past winter during the Trump administration’s “Operation Metro Surge.”

In the 46-page lawsuit, the immigrants argue DHS illegally abandoned its long-standing policy of obtaining a judicial warrant before entering a home, as required under the Fourth Amendment, after a secret May 2025 memorandum authorized such entries.

“Pursuant to this unlawful policy, agents have broken down doors and used armed force to enter homes across the country based only on an administrative form issued by DHS,” the Minnesotans said. “With guns drawn and masks on, DHS agents have left children hiding in closets, detained U.S. citizens and marched people in their pajamas out into the street in sub-zero temperatures.”

The memo, issued by ICE Director Todd Lyons, authorizes agents to enter a home with administrative form I-205, which can be issued by a DHS official after an immigrant has received a final order of removal. The form does not require review by a judicial officer or any official outside of DHS before it can be issued.

The residents argue the policy allows the same officers charged with arresting immigrants to now authorize forcible entry into a home, all based on a final order of removal that is still subject to further administrative or judicial review in immigration court. They noted that the policy was only revealed by a whistleblower disclosure on Jan. 7.

“Pursuant to this policy, ICE agents — many of whom are newly hired and do not have a law enforcement background — are being directed to rely on Form I-205s to forcibly enter homes without consent to conduct arrests,” the residents said. “One of the whistleblowers has testified to Congress that instructors at the Federal Law Enforcement Training Center are now directed to verbally train all new ICE agents to follow this policy and to disregard written course materials instructing the opposite.”

The residents are asking a federal judge to declare the “Home Entry Memo” as unlawful in violation of the Fourth Amendment and the Administrative Procedure Act and vacate it.

Teyana and Garrison Gibson Brown, the lead plaintiffs, had their home raided Jan. 11 while their daughter, 11-year-old niece and Teyana’s sister were home. Teyana is a U.S. citizen and pediatric ICU nurse in Minneapolis, and Garrison, her husband, was brought to the U.S. when he was 6 while fleeing the Libyan civil war.

While Garrison had a 2009 order of removal, he had been under an order of supervision since 2021 allowing him to remain free from detention subject to regular check-ins with ICE.

On the day of the raid, 10 armed agents assembled outside their home, some of whom were equipped with rifles and military-grade equipment, and used a battering ram to smash their door down.

Before taking Garrison into custody, the agents stated they had a warrant, but when Teyana asked to see it, an agent replied they did not have to provide it, while another pointed a Taser at her.

Thursday’s lawsuit comes as new DHS Secretary Markwayne Mullin faces questions from Democratic lawmakers about whether he has directed the agency to abandon the new policy, as he said at his Senate confirmation hearing on March 18.

Connecticut Senator Richard Blumenthal sent Mullin a letter on Tuesday, seeking information as to any steps taken to reverse the policy.

At his hearing and in response to the Democratic senator’s questions, Mullin said he would “review existing policies” and ensure the agency’s practices were consistent with the Constitution and “applicable law regarding warrants.”

“The new policy reflected in the Home Entry Memo has produced widespread fear among immigrants and their families across the country,” the residents said. “It has stripped hundreds of thousands of families of their right to privacy inside their homes and authorizes invasions of private property by armed and masked immigration agents with no judicial oversight or accountability.”

According to DHS itself, 1.6 million people are subject to the policy, the residents said.

The Department of Homeland Security did not respond to a request for comment.

Categories / Civil Rights, Immigration, National, Politics

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