Officials in Ramsey County, Minnesota, on Monday announced a criminal investigation into the arrest of ChongLy Thao, a US citizen caught in a viral photo as immigration agents walked him out of his home in freezing weather wearing little more than Crocs, shorts, and a plaid blanket.
The January 18 incident, which shocked residents in the Twin Cities area, “involves a felonious allegation of kidnapping, illegal detainment, false imprisonment,” Ramsey County Attorney John Choi said in a news conference.
“We believe there was no legitimate legal reason for the federal agents to enter that home, it was not supported by probable cause,” Choi said.
A Department of Homeland Security spokesperson said “ICE does not ‘kidnap’ people” in a statement to CNN.
“This is nothing but a political stunt to demonize ICE law enforcement who are facing a 1300% increase in assaults against them as they arrest for the worst of the worst,” the statement read.
The county attorney said Thao was forcibly removed from his home in St. Paul and taken out in subfreezing weather while wearing little clothing. He was questioned in the car away from his home for more than an hour, Choi said.
Agents eventually realized Thao was a US citizen with no criminal record and returned him to his home after a couple of hours, Thao said in an interview with The Associated Press in January.
DHS had said the ICE officers had been seeking two convicted sex offenders, and were executing a warrant.
But Thao told the AP he had never seen the two men before and that they did not live with him. The Minnesota Department of Corrections said one of the two wanted men was still in prison, the AP reported.
Ramsey County officials said Monday “there is no indication” the agents had a warrant for entry or arrest.
“We think we have much of the facts but there’s still more facts that we need,” Choi said, calling on the federal government to share evidence his office has requested.
In its Monday statement, the DHS spokesperson said Thao had refused to be “fingerprinted or facially ID’d” and it was “standard protocol to hold all individuals in a house of an operation for safety of the public and law enforcement.”
DHS did not address the request for evidence in its statement.
Thao’s family said in Monday statement to CNN they are aware of the investigation into his “unlawful” detainment.
“We are cooperating with law enforcement and have faith in the legal process to seek justice for ChongLy Scott Thao and our family,” the statement read.
County officials are seeking to obtain evidence, and could file a lawsuit in federal court if the federal government does not comply with their request. Ramsey County Sheriff Bob Fletcher said investigators have not been able to identify the federal officers involved in Thao’s arrest, and found that license plates on vehicles at the scene had been assigned to different cars.
Thao was detained during Operation Metro Surge, a months-long immigration enforcement crackdown. Choi said multiple people have made reports with his office regarding federal agents’ actions during the operation.
Ramsey County officials are not the first local authorities to launch investigations into the actions of federal immigration agents. Last month, officials in nearby Hennepin County said they are investigating more than a dozen incidents involving federal immigration agents in Minneapolis. One incident involved top Border Patrol official Gregory Bovino deploying a chemical agent into a crowd of protesters.
The state is also suing the Trump administration for access to evidence relating to the killings of Renee Solid and Alex Pretti, both US citizens, who were fatally shot by agents.
Frequently Asked Questions
What prompted the investigation?
The investigation was prompted by the January 18 arrest of ChongLy Thao, a US citizen, during which he was forcibly removed from his home by ICE agents. Ramsey County Attorney John Choi announced the investigation after determining there was no legitimate legal reason for the agents to enter the home.
What is the Department of Homeland Security’s response?
A Department of Homeland Security spokesperson said “ICE does not ‘kidnap’ people” and characterized the investigation as a “political stunt.” The spokesperson also stated that Thao had refused to be “fingerprinted or facially ID’d” and that holding individuals during an operation is standard protocol for safety.
What is the next step in the investigation?
Ramsey County officials have issued a Touhy request to the federal government, demanding any evidence used to justify Thao’s arrest. They have indicated they could file a lawsuit in federal court if the evidence is not provided.
Given the ongoing investigation and the potential for legal action, what role should local authorities play in overseeing federal immigration enforcement within their jurisdictions?
