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Alabama Construction Worker Detained Three Times by ICE Despite Citizenship Proof

5/12/2026, 8:49:47 PM

Repeated ICE Detentions of Leo Garcia Venegas

Leonardo “Leo” Garcia Venegas, a 26-year-old construction worker from Silverhill, Alabama, was stopped and restrained by ICE agents on three occasions between May 2025 and May 2026. Each time he produced an Alabama STAR REAL ID confirming U.S. citizenship, yet officers handcuffed, shackled, and detained him for 15 minutes to over an hour before confirming his status.

Legal Challenge and Policy Context

The Institute for Justice filed a class-action suit in October 2025 for Venegas and other Latino construction workers, alleging DHS policies allow warrantless raids of private worksites, detention without individualized suspicion, and continued restraint after a citizen shows valid ID—violating the Fourth Amendment. A ProPublica report found at least 170 U.S. citizens detained by ICE in the first nine months of the second Trump administration.

Timeline of Detentions

  • May 21, 2025 – ICE entered a fenced construction site, handcuffed Venegas, held him >1 hour despite his REAL ID.
  • June 12, 2025 – Officer entered a home under construction, handcuffed Venegas, detained him while he offered his ID.
  • May 2, 2026 – Unmarked ICE vehicle stopped his truck, tackled him, placed leg shackles, detained ~30 minutes before confirming status.

Official Statements & Responses

DHS maintains Venegas was not detained, characterizing the May 2, 2026 stop as a routine vehicle check of a car registered to an illegal alien, after which his identity was confirmed and he was released. DHS spokespersons called racial-profiling accusations “disgusting, reckless, and categorically false.” The Institute for Justice counters that the policies enable “arrest first, ask questions later” and that officers ignored valid proof of citizenship.

Criticism & Opposition

Institute for Justice attorney Jared McClain calls the detentions unconstitutional, noting ICE agents “do not ask any questions before using physical force.” Senior attorney Joshua Windham says Venegas “just wants to work in peace” yet faces repeated, warrantless raids. Critics argue DHS’s reliance on technology to verify identity after restraint undermines Fourth-Amendment protections.

Conflicting Reports & Gaps

DHS says Venegas was never detained, yet his sworn declaration details handcuffing, leg shackles, and a 30-minute restraint. DHS also claims the vehicle was registered to an illegal alien, contradicting Venegas’s account that he was driving his brother’s truck with valid plates. No body-camera footage has been released, leaving a factual gap.

Key Quotes

  • “It’s arrest first, ask questions later.” — Jared McClain, Institute for Justice attorney
  • “Leonardo Garcia Venegas was NOT detained last week.” — DHS spokesperson
  • “Allegations that DHS law enforcement engages in ‘racial profiling’ are disgusting, reckless, and categorically false.” — DHS spokesperson
  • “You’re making this more complicated than you want to.” — ICE officer (video audio)

What’s Next

The plaintiffs have asked the court for a preliminary injunction to halt the contested DHS policies while the case proceeds. A hearing on the motion is set for later this summer, and the decision could shape federal guidance on the use of REAL IDs and the scope of immigration stops involving U.S. citizens.