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Prosecutors in Minnesota are investigating whether some of the most infamous images of the Trump administration’s immigration crackdown in the Twin Cities earlier this year actually captured a kidnapping, when US citizen ChongLy “Scott” Thao was filmed being taken from his home by federal agents in freezing temperatures, wearing only his underwear with a blanket wrapped around him.
Ramsey Country Attorney John Choi, whose jurisdiction covers Saint Paul, where Thao was arrested in January, said at a press conference Monday that he has requested information from the Department of Homeland Security about the man’s arrest.
“There are many facts we don’t know yet, but there’s one that we do know. And that is that Mr. Thao is and has been an American citizen. There’s not a dispute over that,” Sheriff Bob Fletcher said at the press conference.
The officials said they are investigating whether the agents could face criminal charges for kidnapping, burglary, and false imprisonment.
US Immigration and Customs Enforcement agents arrived without a warrant at the home Thao shares with his son, daughter-in-law, and four-year-old grandson on January 18 and forced their way in, brandishing their guns at the family as they handcuffed Thao.
They did not allow Thao’s daughter-in-law to get proof of his citizenship. The 56-year-old has been a US citizen for decades after his mother fled Laos in the 1970s.
“We believe there was no legitimate legal reason for the federal agents to enter that home, it was not supported by probable cause,” said Choi.
Without giving him a chance to get dressed, the agents then hauled Thao out of his home into the 14°F temperatures as his neighbors yelled and blew whistles at the officers, demanding his release.
They drove him around for nearly an hour before arriving at a remote area and demanding that he get out of the car and show his ID — which he hadn’t been allowed to bring. They determined he was a US citizen with no criminal record and drove him back home.
Fletcher said federal agents switched the license plates of the vehicle used during the arrest, violating Minnesota law and leaving authorities with no knowledge of the identities of the officers who arrested Thao.
“There’s no dispute that he was taken out of his house, forcibly taken out of his home, and driven around,” said Fletcher at the press conference. “Is that good law enforcement, to take an American citizen out of their home and drive them around aimlessly, trying to determine what they can tell them?’”
One observer said the officials “are finally starting to call the terror ICE is inflicting on communities what it actually is: kidnapping.”
“If regular people did this, they’d be in prison,” they said. “So why aren’t the agents?”
In keeping with the Trump administration’s response to widespread condemnation of its immigration crackdown and the conduct of its federal agents, DHS told The New York Times that Choi’s investigation into the arrest was “a political stunt to demonize ICE law enforcement.”
The agency has claimed the officers were looking for two convicted sex offenders, one of whom has reportedly been in state prison since 2024.
Choi said Monday that there is no evidence the federal agents had a judicial warrant to enter Thao’s home. The arrest took place days before a whistleblower group reported on an ICE memo which claimed that according to the DHS Office of the General Counsel, “the US Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants” in order to enter a home to make an arrest.
Legal experts have said the memo directly contradicts the Fourth Amendment, which prohibits unreasonable searches and seizures.
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