Trump's border czar defends ICE detaining 56-year-old Minnesota man without warrant: 'All you need is reasonable suspicion'

Trump's border czar, Tom Homan has drawn criticism after offering a legal justification for immigration agents storming a family home and dragging a US citizen outside in freezing weather wearing only his underwear.

The incident occurred on Sunday in St Paul, Minnesota, when Immigration and Customs Enforcement (ICE) agents forced their way into the home of ChongLy “Scott” Thao, a 56-year-old grandfather and US citizen, during a targeted enforcement operation.


Thao was taken out of his house at gunpoint in subzero temperatures, wearing shorts and Crocs, with his grandson’s blanket draped over his shoulders.

Thao arrived in the US from Laos at the age of four and became a citizen in 1991. He repeatedly told agents he was American. He later said the agents “didn’t show any warrant; they just broke down the door.”

The Department of Homeland Security (DHS) said the operation was aimed at locating two undocumented immigrants previously convicted of domestic violence and sexual assault.

During an appearance on The Will Cain Show, Tom Homan said agents traced a vehicle linked to one of the targets to Thao’s home.

“So, ICE went to the house where these two people were reportedly living, and they went in there, and they located this individual who matched the description,” Homan said.

Homan added: “But they couldn’t verify his identity because he was uncooperative. He failed to do a quick fingerprint check, he failed to do facial recognition. So, ICE detained him until they found out who he was.”

Homan did not say whether agents had obtained a judge-signed search warrant before entering the home. Immigration lawyers have said that an ICE deportation warrant does not allow agents to enter a home without consent.

Thao told the Associated Press that he asked his daughter-in-law to retrieve his identification, but agents refused to look at it.

Instead, Thao said he was driven to “the middle of nowhere” and ordered out of the vehicle in freezing conditions so agents could photograph him. He was returned home an hour or two later once officers confirmed he was a US citizen with no criminal record.

Homan defended the detainment and told Fox News: “ICE can detain a U.S. citizen if they have probable cause of this person may have committed a crime. Short detainment and questioning, all you need is reasonable suspicion.”

Legal experts dispute that claim. Under the Immigration and Nationality Act, ICE agents may only arrest US citizens if a crime is committed in their presence or if there is probable cause of a felony.