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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 federal court judge has ruled that the recent ICE arrest of a Liberian immigrant in Minneapolis violated his constitutional rights, ordering his immediate release.
‘No judicial warrant’
What we know:
U.S. District Court Judge Jeffrey Bryan found that the arrest of Liberian immigrant Garrison Gibson violated his Fourth Amendment rights.
The judge ordered Gibson's immediate release from ICE custody, as the arrest was conducted without a judicial warrant.
Gibson was arrested last weekend in his north Minneapolis home when armed federal agents used a battering ram to bust open the family’s front door. The agents had only administrative paperwork, not the required judicial warrant to breach private property.
"To arrest him, Respondents forcibly entered Garrison G.’s home without his consent and without a judicial warrant," wrote Judge Bryan in his nine-page order. "This arrest violated the Fourth Amendment. For this independent reason, Garrison G.’s detention is unlawful, and the Court orders his immediate release."
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Federal judge rules ICE arrest violated Liberian man's rights
A federal judge on Thursday ruled the Sunday arrest of a Liberian man at his Minneapolis home violated his constitutional rights. ICE agents used a battering ram to get inside the home and arrested the man without a judicial warrant.
Arrest caught on camera
The backstory:
Cameras captured the chaotic scene as armed federal agents broke into Gibson's home.
His loved ones streamed the incident live on social media, demanding to see a judicial warrant that would have allowed the entry. But the immigration enforcement officers on scene only presented administrative paperwork.
Gibson's attorneys immediately filed a habeas petition in federal court, leading to the judge's ruling.
Under immigration supervision for 15+ years
Dig deeper:
According to court filings, Gibson is a 38-year-old Liberian citizen, who has a final immigration removal order dating back to 2009.
But he was living under immigration supervision in the United States for more than 15 years with a past drug conviction that has been cleared from his record.
His attorney says Gibson had just checked in with ICE officials approximately two weeks prior to his arrest and had another meeting on the calendar at the end of the month. In his order, Judge Bryan added that Gibson’s compliance with immigration officials included "submitting to ankle monitoring."
The other side:
In a statement to the FOX 9 Investigators earlier in the week, Department of Homeland Security Assistant Secretary Tricia McLaughlin referred to Gibson as a "criminal illegal alien from Liberia" with a lengthy rap sheet that included robbery, drug possession with the intent to sell, possession of a deadly weapon, malicious destruction and theft. She promised, "This criminal will remain in ICE custody pending removal,"
However, in his Thursday ruling, Judge Bryan found that "Garrison G. has no criminal record."
Gibson released from ICE custoy
What's next:
Judge Bryan gave ICE and the Department of Homeland Security until noon on Friday to release Gibson.
His family says, Gibson had been locked up in the Freeborn County jail in Albert Lea for the last several days. The judge also ruled that Gibson’s legal team is eligible to seek attorney’s fees and costs incurred in fighting for his release under the Equal Access to Justice Act.
Gibson's attorney tells FOX 9 he was released from custody Thursday night.