Federal Court Orders DHS to Stop Detaining People with Valid Identification and Halts Warrantless Construction Site Raids

MOBILE, Ala.—A federal judge in Alabama ordered immigration officers to stop warrantless raids of construction sites, to stop detaining construction workers without a reason to suspect that a specific individual is undocumented, and to immediately release workers who present evidence of lawful presence like a REAL ID. The stay of these policies comes in a class-action lawsuit brought by Leo Garcia Venegas, who is represented by the Institute for Justice (IJ).

“For the first time in a long time, I will be able to go to work without worrying that I will be arrested for no reason,” said Leo. “Americans cannot be stopped and held by law enforcement when they are doing nothing wrong.”

Leo, a construction worker in Baldwin County, Alabama, has been detained three times since the spring of 2025 despite presenting a state-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. 

“This decision is a huge blow to DHS’s lawless enforcement practices,” said IJ Senior Attorney Jared McClain. “The government stood up in court and argued that they don’t need warrants to enter private construction sites and round up all the workers, and that they can’t trust government-issued IDs. By setting aside those unconstitutional policies, the court has restored the rule of law. Construction workers like Leo can finally go to work in peace again.”

The court stayed three DHS policies while Leo’s case continues:

• Warrantless Entry Policy (which permitted immigration officers to raid private construction sites without a warrant or consent),
• Preemptive Detention Policy (which permitted immigration officers to preemptively detain employees without a particularized suspicion that persons are illegal immigrants), and
• Continued Detention Policy (which permitted immigration officers to continue detaining workers even after they show evidence of citizenship or lawful presence).

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

The DHS official also testified that agents treat construction sites as “open fields” that they can enter without a reason or warrant. However, Leo works on sites that are sectioned off and posted with No Trespassing signs. At the time of his second arrest, he was working inside a mostly constructed home. Agents walked in without a warrant because DHS instructed officers that they don’t need a warrant to enter construction sites.

Leo has also submitted claims to the federal agencies who violated his rights, announcing his intent to sue under the Federal Tort Claims Act (FTCA). Those claims will be added to this lawsuit.