Ramsey County prosecutors consider kidnapping charges in St. Paul ICE arrest

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Ramsey County ICE kidnapping probe: Demand sent to DHS

Ramsey County Attorney John Choi and Sheriff Bob Fletcher have announced active investigations into federal agents over an arrest of a U.S. citizen in January.

Ramsey County prosecutors say they are looking at possible kidnapping charges along with other potential crimes connected to the arrest of a St. Paul man in January, who was dragged out of his home in a blanket and Crocs by federal officers, despite the fact that he is an American citizen.

Investigation into federal agents

The backstory:

In January, community members raised concerns about the arrest of ChongLy Scott Thao by federal agents.

Photos and videos posted online showed Thao being pulled from his home in the morning hours of Sunday, Jan. 18 after federal agents broke down his door and removed him wearing only shorts, Crocs and a blanket.

Thao is an American citizen and was apparently mistaken for a sex offender targeted for removal by ICE. The Department of Homeland Security told FOX 9 Thao lived with the target. However, the family disputed this, saying the family had lived in that home for only two years, and they believed ICE was targeting a previous resident.

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St. Paul ICE raid sparks community concern

Federal agents broke down the door of a St. Paul home on Sunday, leading away an elderly resident in only shorts, Crocs, and a baby’s blanket – leading to community outrage. FOX 9’s Corin Hoggard has the details.

What we know:

On Monday, Ramsey County prosecutors announced an active investigation into the federal agents involved in Thao's arrest. Prosecutors also announced they sent a Touhy request letter to the Department of Homeland Security seeking information about the arrest.

Choi said his office is looking at potential charges related to the arrest, including kidnapping and false imprisonment.

Along with the Thao case, prosecutors also said they are looking into a second case involving St. Paul police and three other cases are under review.

What's next:

Choi says his office is working on setting up a meeting with U.S. Attorney Dan Rosen to discuss the cases with Sheriff Fletcher and St. Paul Police Chief Axel Henry.

Prosecutors have given an April 30 deadline for the Department of Homeland Security to respond to the Touhy demand.

Supremacy clause protections

Dig deeper:

It will likely be difficult to move forward with state charges in the Thao case.

Legal experts say the Supremacy clause in the Constitution gives federal officers broad protections from state charges for acts committed while on the job. In order to bring state charges, prosecutors will have to prove the agents were acting outside their official duties or the actions were unnecessary and improper.

Ramsey CountyImmigrationCrime and Public Safety