A federal judge in Minnesota ordered the release of Garrison Gibson, a Liberian national, four days after his arrest by immigration agents. U.S. District Judge Jeffrey Bryan ruled on Thursday that the agents violated Gibson's Fourth Amendment rights against unlawful search and seizure. The judge stated that agents entered Gibson's home without his consent and without a judicial warrant to arrest him. Bryan also cited violations of regulations, noting that Gibson was not given sufficient notice that his order of supervision had been revoked, nor was he provided the reasoning or an interview immediately following his detention.
Gibson, 37, had been living in the U.S. under an order of supervision. He had been ordered removed from the U.S. due to a 2008 drug conviction, which was later dismissed by the courts. Days before his arrest, Gibson had checked in with immigration authorities at their regional offices. He was detained at an immigration detention center in Albert Lea, after initially being held at Fort Bliss Army base in El Paso, Texas.
Gibson's attorney, Marc Prokosch, filed a habeas corpus petition, calling the arrest a constitutional violation due to the absence of a proper warrant. Gibson's wife and their 9-year-old child were present in their Minneapolis home during the arrest, which involved agents using a battering ram to enter.
The Department of Homeland Security (DHS) has increased immigration arrests in Minnesota as part of a large enforcement operation, reporting over 2,500 arrests since November 29. A DHS spokesperson stated that Gibson has a "lengthy rap sheet" including charges such as robbery and drug possession with intent to sell. However, court records indicate Gibson's legal history includes only the 2008 felony, some traffic violations, minor drug arrests, and an arrest for fare evasion.