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Judge orders release of man unlawfully detained by ICE
A judge ruled Thursday that ICE must release a man from custody saying his detention was unlawful and violated the Fourth Amendment. FOX 9 Investigator Paul Blume has more.
MINNEAPOLIS (FOX 9) - A Liberian immigrant has been released by Immigrant and Customs Enforcement (ICE) for a second time in 24 hours in Minneapolis.
Gibson's second release
What happened:
Garrison Gibson was released from ICE detention Friday afternoon after he was re-arrested hours after his initial release Thursday night.
Gibson is now required to wear an ankle monitor, and is back under immigration supervision.
Gibson's initial release
The backstory:
A federal judge had ordered Gibson’s immediate release on Thursday, ruling that his arrest and detention were unconstitutional.
Federal agents had used a battering ram to break open Gibson’s front door in first taking the 38-year-old into custody last weekend. The judge found ICE did not have a judicial signed warrant to breach private property.
Gibson has a long-standing deportation order, but he has been allowed to live in the United States under supervision that requires regularly scheduled ICE check-ins. The U.S. District Court judge found that he regularly followed the requirements that included a check-in two weeks before his arrest in north Minneapolis.
Re-arrest details
What they're saying:
According to Gibson’s immigration attorney, Marc Prokosch, Gibson was released from ICE custody overnight and was asked to return to the Whipple Federal Building for a check-in where they assumed he had some final paperwork to fill out.
"So, last night was joyous for the family because it coincided with a birthday party. And so, the birthday present was Mr. Gibson showing up. And we were anticipating this morning to just be a normal thing. And then he'd go back home," Prokosch said.
But during this morning’s ICE meeting, Gibson was re-arrested. Prokosch said they were told the Department of Homeland Security would be restarting deportation proceedings to return Gibson to Liberia.
"There was a little bit of chaos there [at Whipple] and we were there for a check-in and the original officer said, ‘Oh, this looks good. I'll be right back, is your address the same, is your phone number the same?’ We said, ‘Yes.’ And then there was a lot of like chaos and about five officers came out, and then they said, ‘We're going to be taking him back into custody'," Prokosch detailed.
Prokosch said he is immediately heading back to court on two fronts – seeking habeas protections in federal court while fighting the deportation case in Immigration court.
Stay with FOX 9 for updates to this developing story.