In an exchange regarding federal enforcement protocols, Border Czar Tom Homan asserted Tuesday that immigration agents operate within their rights to briefly detain U.S. citizens if “reasonable suspicion” exists, pushing back against allegations of overreach during a recent Minneapolis operation.
The clarification came during an appearance on “The Will Cain Show,” where Homan addressed a specific incident involving ChongLy “Scott” Thao, a 56-year-old naturalized U.S. citizen. Thao claims he was restrained inside his home and escorted outside by federal agents while they verified his identity.
Homan argued that while an arrest requires probable cause, temporary detainment does not.
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“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 host Will Cain. “If they’re going to actually arrest a person and charge them, they need probable cause.”
The Minneapolis Raid
The incident in question has fueled an already volatile atmosphere in Minneapolis. Thao alleges that agents entered his residence, restrained him, and only released him after his citizenship was confirmed.
Homan, however, offered a different vantage point on the sequence of events. He detailed that the operation was not random but a targeted effort to apprehend two undocumented immigrants with violent histories—one convicted of child sexual assault and the other of domestic violence involving sexual assault.
According to Homan, agents initiated a traffic stop on a vehicle registered to one of the targets. The driver, who was not the suspect, allegedly told officers, “The guy you’re looking for is at the house right now… I just left that house.”
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Upon entering the residence, agents encountered Thao. Homan stated that Thao matched the description of the suspect but was “uncooperative,” refusing both a quick fingerprint check and facial recognition scanning.
“So ICE detained him until they found out who he was,” Homan said, emphasizing that the detainment resulted from the inability to immediately verify Thao’s identity during a hunt for violent offenders.
A City on Edge
The debate over the legality of Thao’s detention lands in a city already gripping with violent confrontations between federal agents and the public.
Hostility toward immigration enforcement has spiked following the Jan. 7 fatal shooting of Renee Nicole Good by an ICE agent. The death sparked waves of demonstrations, with activists organizing networks to warn residents of agent locations. Tensions escalated further on Wednesday when an ICE agent shot one of three men who allegedly ambushed him during a traffic stop.
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Local leadership has taken a defiant stance. Minneapolis Mayor Jacob Frey recently reiterated his support for protesters resisting the federal presence. Meanwhile, speculation is mounting in Washington that President Donald Trump may invoke the Insurrection Act to quell the unrest.
Homan’s comments Tuesday served as a signal that despite the pushback on the ground, federal operations will continue to rely on the legal distinction between detainment and arrest to secure scenes and identify suspects.
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