Ramsey County Attorney John Choi is making good on his threat to sue the Department of Homeland Security. Choi said Wednesday the agency is still refusing to cooperate with his investigation into the arrest by immigration officers of an American citizen.
Masked agents broke into the St. Paul home of ChongLy “Scott” Thao without a judicial warrant on January 18 and marched him out into the cold at gunpoint in his underwear after pointing weapons at his family. They brought him back home about an hour later after realizing they had the wrong person.
The Department of Homeland Security said after the incident that the agents were seeking two sex offenders whom they thought had lived at Thao’s address, and that Thao “matched the description.”
Thao, a native of Laos, has been an American citizen for three decades. He has no criminal record. No sex offenders lived in Thao’s house or nearby. One of the men ICE was looking for was already in a Minnesota prison.
In April, Choi and Sheriff Bob Fletcher announced an investigation in to whether the agents committed crimes including kidnapping, burglary and false imprisonment. They interviewed Thao and other witnesses.
But on Wednesday, Choi said that nearly six months after the incident, federal authorities have still not shared any information. Choi said his team took all of the necessary legal steps to request the investigative data from DHS, but the agency stonewalled them at every step.
“What’s really important is that we need to get to the truth. And the truth can’t be found without some level of cooperation,” Choi said.
Fletcher added that Thao deserves accountability.
"Dragging someone out of their house that's not wanted, doesn't have any warrants, hasn't committed a crime, in the winter, throwing them in a squad car and driving them around isn't the America we want to live in," Fletcher said.
U.S. Sen. Amy Klobuchar, DFL-Minn., questioned Acting Attorney General Todd Blanche about the incident during his confirmation hearing on Wednesday. Klobuchar asked Blanche if he agrees that it’s unacceptable for federal agents to forcibly enter someone’s home without a warrant.
“Yes, obviously, law enforcement agents need a warrant to enter a house, except for limited exceptions to that,” Blanche replied. “So, yes, we very much believe in the constitutional protections afforded American citizens. The same protections are not afforded people who are here illegally.”
That is not true. Fourth Amendment protections apply to everyone. Arrest warrants signed by a judge are meant to ensure law enforcement officers have probable cause to arrest someone and to ensure that they apprehend the right person.
On Monday, Hennepin County Attorney Mary Moriarty announced that federal law enforcement agencies have finally started to comply with a state investigation into the killings of Renee Good and Alex Pretti and the shooting of Julio Sosa-Celis, who was wounded.
Moriarty said the Justice Department handed over evidence in the incidents to the Minnesota Bureau of Criminal Apprehension, including Good’s SUV.
Moriarty followed the same legal steps to request cooperation but filed suit earlier. The litigation brought attorneys from both sides to the negotiating table. Choi said he’s hopeful his lawsuit will prompt similar cooperation.
In a statement, the Department of Homeland Security calls Choi’s lawsuit “nothing but a political stunt to demonize ICE law enforcement officers.”
