ST. PAUL, MN – A U.S. District Court judge out of Minnesota has ordered Homeland Security and Immigration and Customs Enforcement (ICE) to facilitate the release of six Venezuelans apprehended by ICE earlier in January, delivering said order after the agency allegedly failed to produce a warrant before the court related to the apprehensions.
On January 15th, ICE reportedly conducted a raid at a residence located along Nevada Avenue in St. Paul where six Venezuelans were taken into custody during the effort. According to neighbors familiar with the raid, the ICE officers allegedly claimed to have a warrant to enter the premises but didn’t produce it during the endeavor.
Following the aforementioned raid, family members of the detainees filed a habeas corpus petition with the court, seeking the release of all six detainees. In response to the filing, U.S. District Court Judge John Tunheim, a Clinton appointee, issued an order demanding that Homeland Security produce the original warrant related to the raid by January 19th.
However, for reasons unknown, Homeland Security reportedly failed to produce the requested judicial warrant related to the matter, with Judge Tunheim ordering that all six detainees must be released from custody within 72 hours due to the failure to respond to the court.
In addition to the order of release, Judge Tunheim further ordered the government to provide the court with an update on the six detainees’ status within five days to ensure the release order was fulfilled.
While a habeas corpus petition can address an illegal alien’s detention prior to removal proceedings, the aforementioned does not affect the legal authority and overall process related to an alien’s removal from the United States as it pertains to existing immigration law.
On January 15th, ICE reportedly conducted a raid at a residence located along Nevada Avenue in St. Paul where six Venezuelans were taken into custody during the effort. According to neighbors familiar with the raid, the ICE officers allegedly claimed to have a warrant to enter the premises but didn’t produce it during the endeavor.
Following the aforementioned raid, family members of the detainees filed a habeas corpus petition with the court, seeking the release of all six detainees. In response to the filing, U.S. District Court Judge John Tunheim, a Clinton appointee, issued an order demanding that Homeland Security produce the original warrant related to the raid by January 19th.
However, for reasons unknown, Homeland Security reportedly failed to produce the requested judicial warrant related to the matter, with Judge Tunheim ordering that all six detainees must be released from custody within 72 hours due to the failure to respond to the court.
In addition to the order of release, Judge Tunheim further ordered the government to provide the court with an update on the six detainees’ status within five days to ensure the release order was fulfilled.
While a habeas corpus petition can address an illegal alien’s detention prior to removal proceedings, the aforementioned does not affect the legal authority and overall process related to an alien’s removal from the United States as it pertains to existing immigration law.
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