A federal judge in Minnesota has ordered the release of Garrison Gibson, a Liberian man, just four days after heavily armed immigration agents forcibly entered his home using a battering ram. The ruling, delivered by U.S. District Judge Jeffrey Bryan, found that the agents violated Gibson's Fourth Amendment rights against unlawful search and seizure. Judge Bryan emphasized that the immigration agents entered Gibson's residence without his consent and without a judicial warrant.
The Department of Homeland Security (DHS) has been intensifying its immigration enforcement operations in Minnesota, labeling this initiative as its largest enforcement operation to date. Since November 29, DHS reports that its officers have arrested over 2,500 individuals across the state. Marc Prokosch, Gibson's attorney, expressed his relief and satisfaction with the judge's decision. Prokosch had previously filed a habeas corpus petition, a legal procedure used to determine the legality of a person's imprisonment, arguing that the arrest constituted a blatant violation of Gibson's constitutional rights due to the absence of a proper warrant.
During the raid, Gibson's wife and their 9-year-old child were present in their Minneapolis home, with Prokosch noting that his wife was left deeply shaken by the traumatic experience. After the raid, Gibson was detained at an immigration facility in Albert Lea, having previously been held at a large camp on the Fort Bliss Army base in El Paso, Texas, as per the ICE detainee locator.
Gibson, who fled the Liberian civil war as a child, had previously been ordered removed from the United States, allegedly due to a 2008 drug conviction that had been dismissed by the courts. He had been residing legally in the U.S. under an order of supervision, which required him to regularly check in with immigration authorities. Interestingly, just days before his arrest, Gibson had complied with this requirement at a regional immigration office, the same location where agents had been conducting enforcement raids in recent weeks.
In his order, Judge Bryan supported Gibson's claims, stating that since he had already been released on an order of supervision, the officials had violated pertinent regulations. They failed to provide adequate notice regarding the revocation of his order and did not conduct an interview immediately after his detention.
Tricia McLaughlin, a spokesperson for the DHS, stated that Gibson has a lengthy criminal history, which includes charges related to robbery, drug possession with intent to sell, and theft. However, she did not clarify whether these were arrests, charges, or convictions. Court records indicate that Gibson’s legal history primarily consists of the one felony from 2008, along with minor traffic violations and a couple of minor drug arrests.
The Twin Cities have become the focal point of heightened tensions and fear in the wake of recent incidents, including the tragic death of Renee Good, who was shot during an encounter with immigration agents. The community is increasingly on edge, especially following reports of a man being shot and wounded by an immigration officer after an altercation involving a shovel and broom handle.
As the situation unfolds, the implications of this ruling and the broader impact of the DHS's immigration enforcement efforts continue to resonate within the community and beyond.