U.S. Citizen Detained Multiple Times by ICE Sparks Lawsuit Over Fourth Amendment Claims

On May 2 2026, 26-year-old Leonardo “Leo” Garcia Venegas, a U.S. citizen born in Florida, was stopped by Immigration and Customs Enforcement (ICE) officers and local police in Silverhill, Alabama. Seven to eight plain-clothed agents in tactical vests surrounded his truck, pulled him from the vehicle, shackled his arms and legs, and detained him without asking questions. Garcia Venegas presented his Alabama STAR ID and offered his passport, both dismissed as “fake.” After a brief search, including a drug-sniffing dog, he was released. This encounter was the third documented detention; earlier incidents occurred in May 2025 at a Foley construction site and in September 2025 at a partially built residential development.

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The detentions occurred during the second term of former President Donald Trump, a period in which immigration enforcement intensified. The Department of Homeland Security (DHS) has authorized “targeted worksite operations” that allow agents to raid private construction sites without a warrant, according to agency statements. Critics argue that such policies increase the risk of detaining lawful U.S. citizens who appear Latino.

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• Leonardo Garcia Venegas – U.S. citizen of Mexican descent, construction worker.

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• Jared McClain – Attorney with the Institute for Justice representing Garcia Venegas.

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• Department of Homeland Security (DHS) – Agency overseeing ICE and Homeland Security Investigations (HSI).

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• U.S. District Court for the Southern District of Alabama – Venue of the civil lawsuit.

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• May 2025 – HSI agents raid a private site in Foley; Garcia Venegas and his brother are detained.

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• September 2025 – Agents stop Garcia Venegas at a residential development; he is held for about 30 minutes.

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• October 2025 – Legal team files motions for a preliminary injunction and class certification, alleging Fourth Amendment violations.

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• May 2 2026 – Third detention in Silverhill; agents hold Garcia Venegas for over an hour, according to his declaration.

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• May 2026 – Federal judge postpones a ruling on jurisdiction; the government moves to dismiss the claims.

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A ProPublica review identified at least 170 U.S. citizens detained by immigration agents in the first nine months of the second Trump presidency. Garcia Venegas’s three detentions illustrate a broader pattern affecting citizens who are perceived to be undocumented.

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DHS spokespersons described Garcia Venegas as having “physically got in between agents” and accused him of “obstructing and preventing the lawful arrest of an illegal alien” while refusing “numerous verbal commands.” The agency labeled the May 2025 raid a “targeted worksite operation.” The federal government has filed a motion to dismiss the lawsuit, and a judge indicated the need to determine jurisdiction before issuing a final decision.

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Attorney Jared McClain argues that the government’s actions violate Fourth Amendment rights and subject “countless innocent people” to unlawful seizures. The complaint characterizes the raids as “overly broad” and notes that agents detained workers who presented valid identification. The lawsuit seeks compensatory damages and class certification for affected citizens.

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Sources differ on the duration of the May 2 2026 detention: Garcia Venegas’s declaration states “over an hour,” an acting HSI agent reports “about 18 minutes,” and the September complaint notes a “30-minute” hold. Additionally, the exact number of officers present is described as “seven or eight” in one account and “several” in another. No independent verification of the agents’ stated reasons for the stops is provided.

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• “I live in constant fear that I will be subjected to further baseless detentions just for going about my daily life,” — Leonardo Garcia Venegas

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• “Leo is just a normal everyday guy who is trying to go about his life quietly and peacefully,” — Jared McClain, Institute for Justice

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• “You’re making this more complicated than you want to.” — Immigration agent (video)

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• “It’s got to be difficult to live in a place where you can’t go about your everyday life,” — Jared McClain

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The court will later decide whether it has jurisdiction to hear the Fourth Amendment claims and whether the government’s motion to dismiss should be granted. A ruling could affect the legality of warrantless worksite raids and the scope of immigration enforcement over U.S. citizens.

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