Tom Homan describes what ICE requires to detain a US citizen

Daily Caller News Foundation

Border czar Tom Homan said Tuesday that federal immigration agents may briefly detain a U.S. citizen during an enforcement operation if officers have reasonable suspicion.

During an appearance on “The Will Cain Show,” host Will Cain pressed Homan on claims that United States Immigration and Customs Enforcement (ICE) improperly targeted a U.S. citizen during a Minneapolis enforcement action. Homan responded that agents may briefly detain American citizens during operations when they have reasonable suspicion, while probable cause is required for an arrest.

“ICE can detain a U.S. citizen if they have probable cause or this person may have committed a crime. Detainment, short detainment, and questioning, all you need is reasonable suspicion,” Homan told Cain. “If they’re going to actually arrest a person and charge them, they need probable cause.”

A Minnesota man claims federal agents briefly detained him during an enforcement action, saying officers entered his home, restrained him, and escorted him outside while they worked to verify his identity. ChongLy Thao, 56, a naturalized U.S. citizen who goes by Scott, said agents later released him and returned him home.

Homan pushed back against claims of improper enforcement. He walked through the sequence of events that led agents to a Minneapolis home, saying the operation focused on tracking down two illegal immigrants with violent criminal records.

WATCH: 

“Let’s look at the facts of that case. ICE was looking for two illegal aliens with criminal convictions. One, sexual assault of a child. The other one, domestic violence, to include obscenity and sexual assault. So both these people shouldn’t be walking the streets of this nation. So I said a target enforcement operation pulled over a vehicle that was licensed to one of these sexual predators. The driver of the car was identified as not being one of them. But his statement to the officer was, ‘The guy you’re looking for is at the house right now. I left it. I just left that house.’”

Homan said agents went to the residence after receiving information that the suspects lived there and encountered an individual who matched their description.

“So ICE went to the house where these two people are reportedly living. And they went in there, and they located this individual,” Homan said. “This individual who matched the description, but they couldn’t verify his identity because he was uncooperative. He failed to do a fingerprint, a quick fingerprint check. He failed to do facial recognition. So ICE detained him until they found out who he was.”

Violent opposition to immigration enforcement intensified in Minneapolis after an ICE agent shot one of three men who ambushed him during a Wednesday traffic stop, coming just a week after another ICE agent fatally shot Renee Nicole Good.

Democrats and anti-ICE protesters erupted in anger over the agency’s operations following Good’s shooting on Jan. 7, prompting demonstrations across the city, with activists warning residents when agents are nearby. Speculation grew that President Donald Trump could invoke the Insurrection Act. Democratic Minneapolis Mayor Jacob Frey reiterated that he supports protesters resisting ICE’s presence in the city.

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