US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions

MOBILE, Ala.—A judge in Alabama granted Leo Garcia Venegas, an American citizen and construction worker, a first-round victory in his federal lawsuit aimed at stopping unconstitutional raids and detentions by immigration officers. Judge Jeffrey Beaverstock rejected the government’s attempt to dismiss the case after a hearing in Mobile. Leo is represented by the Institute for Justice (IJ).

“The court’s decision was an important first step,” said IJ Senior Attorney Jared McClain. “We know the Department of Homeland Security thinks it can raid construction sites without a warrant, round up all the workers, and refuse to credit their government-issued IDs. Now we’ll have the chance to prove these violations of the Fourth Amendment.” 

Leo, a construction worker in Baldwin County, Alabama, has been detained three times since the spring of 2025 despite presenting an Alabama-issued REAL ID each time. In May and June of last year, Leo was detained by officers who entered his private job sites without warrants. Both times, officers refused to believe Leo was a citizen or recognize his REAL ID as proof of legal status. Earlier this year, officers followed Leo home and confronted him in his driveway. Even though Leo was trying to show officers his REAL ID, he was ripped from his car, tackled to the ground, handcuffed, shackled, and locked in the back of a car.  

“Americans cannot be stopped and held by law enforcement when they are doing nothing wrong,” said Leo. “I’m glad my case is moving forward, and I hope it can make lasting change.” 

At a May hearing to consider the motion for a preliminary injunction, a DHS official testified that agents do not treat REAL ID as reliable proof of legal presence. But DHS certifies and administers the READ ID Act and then-Secretary Kristi Noem spent considerable time last year encouraging people to get their REAL ID.

The DHS also testified that agents treat construction sites as “open fields” that they can enter without a reason or warrant.  Leo’s second detention, inside of a mostly-constructed home, shows just how far the government’s theory reaches. 

The court has yet to rule on Leo’s request for a temporary injunction against the raids and detentions. IJ attorneys reiterated at yesterday’s hearing that the government has not disavowed using unconstitutional tactics in Alabama.