US Citizen and Construction Worker Asks Federal Court to Immediately Halt Unconstitutional Raids

MOBILE, Ala.—Leo Garcia Venegas, an American citizen and construction worker in south Alabama, yesterday asked a federal court to immediately halt unconstitutional raids and detentions at private worksites. While working on homes in Baldwin County, Leo was detained twice even though he presented his Alabama-issued REAL ID. He has filed a class-action lawsuit with the Institute for Justice (IJ) to defend his Fourth Amendment rights.

“Armed and masked federal officers are raiding private construction sites in Alabama without warrants, detaining whoever they think looks undocumented, and ignoring proof of citizenship,” said IJ Attorney Jared McClain. “That’s all unconstitutional. And we’ve asked the court to bring that practice to an end.”

• READ the motion for preliminary injunction
• READ the motion for class certification

The motion for preliminary injunction presents the court with many examples of immigration enforcers seizing people based solely on their appearance and then rejecting valid IDs as proof of legal status, including REAL IDs and passports. This includes a recent raid at an Escambia County, Florida, worksite where officers refused to accept a landscaper who had her Employment Authorization Card, Social Security Card, and Florida REAL ID.

The motion also includes declarations from two legally present Alabama construction workers whose detentions were similar to Leo’s. Both were handcuffed and detained despite carrying multiple forms of ID validating their legal status.

IJ asks the court to rule that entering worksites without a warrant is unlawful, as is agents’ policy of detaining people to investigate immigration status without any reasonable suspicion and then refusing to let them go after they provide evidence of their legal status. Should the court grant a preliminary injunction, it would cover class members in the Southern District of Alabama (see here for the counties covered).

Through its Project on the Fourth Amendment, the Institute for Justice works to protect the right to be secure from unreasonable searches and seizures, and through its Project on Immunity and Accountability IJ seeks to ensure that every right guaranteed by the Constitution has a remedy in an American court. IJ is representing U.S. citizen and army veteran George Retes, who was violently arrested and unconstitutionally detained in Southern California.