Alabama Man Sues DHS, ICE After Being Detained Twice Despite Showing Proof of Citizenship

An Alabama construction worker is suing federal immigration officials, saying they wrongfully detained him twice during worksite raids even after he proved he was a U.S. citizen.

Leonardo Garcia Venegas, born in Florida to Mexican parents, filed a federal lawsuit against the Department of Homeland Security, claiming agents handcuffed and held him without cause during two separate raids earlier this year.

The lawsuit, filed in September and brought by the nonprofit Institute for Justice, says masked agents stormed a job site on May 21, crossed a "No Trespassing" sign, and began detaining workers who appeared Latino. Garcia Venegas says he showed them his government-issued REAL ID, which is only available to lawful residents in Alabama, but was still held for nearly an hour.

In the complaint, which was published by the Institute for Justice and reported by the Miami Herald, Garcia Venegas says he was detained a second time three weeks later while working inside a home. According to the filing, agents entered the house, cornered him in a room and took him outside, where he was briefly held for about 20 minutes before being released, once again after confirming his citizenship.

The complaint also states that Garcia Venegas' brother was among those detained during the May 21 incident. When Garcia Venegas tried to record video of the arrest, one of the agents allegedly tackled him to the ground.

"Without asking any questions, the agent forced Leo's arm behind his back and tackled him to the ground. Leo shouted, 'Help!' and said, 'I'll show you my papers now!'" according to a video published by the Institute for Justice.

Attorneys for Garcia Venegas claim five officers involved in both incidents refused to accept his REAL ID as legitimate documentation and accused him of presenting a fake ID.

Despite video footage and reporting by multiple news outlets, DHS officials have denied any wrongdoing. In a statement dated Oct. 1, DHS Assistant Secretary Tricia McLaughlin rejected allegations of racial profiling or unlawful detention, stating that Immigration and Customs Enforcement (ICE) does not target U.S. citizens for arrest or deportation.

"We have said it a million times: ICE does not arrest or deport U.S. citizens," McLaughlin said. "One week after the terrorist attack targeting ICE in Dallas, the media is once again shamefully peddling a false narrative, attempting to demonize our DHS law enforcement agents, who are already facing a 1000 percent increase in assaults against them. Any U.S. citizens arrested are because of obstructing or assaulting law enforcement."

In its response to a New York Times article reporting arrests of U.S. citizens during ICE operations, DHS specifically referenced Garcia Venegas' case, denying that he was detained for longer than an hour.

"During a targeted worksite operation, Garcia Venegas attempted to obstruct and prevent the lawful arrest of an illegal alien," the statement read. "He physically got in between agents and the subject they were attempting to arrest and refused to comply with numerous verbal commands. Anyone who actively obstructs law enforcement in the performance of their sworn duties, including U.S. citizens, will of course face consequences which include arrest."

The lawsuit challenges DHS's policy of allowing armed agents to conduct raids at construction sites without specific evidence that immigration laws are being violated at those locations.

"Once on a site, DHS policy allows them to seize any workers they think looks undocumented, based on a generalized demographic profile," the complaint reads.

According to the filing, the first arrest caused Garcia Venegas significant emotional distress, leaving him unable to return to work for two weeks. He later went back to the same job site, where he says he was detained again on June 12. As reported by the Miami Herald, that second detention added to his fear of being wrongly arrested again.

"It feels like there is nothing I can do to stop immigration agents from arresting me whenever they want," Garcia Venegas said in a news release issued by the Institute for Justice. "I just want to work in peace. The Constitution protects my ability to do that."