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Constitutional Violations Spark Federal Lawsuit After ICE Detains US Citizen Twice
In a troubling case that exposes the legal risks of unchecked immigration enforcement, Leo Garcia Venegas, a US-born citizen living in Baldwin County, Alabama, has filed a federal lawsuit after being detained twice by immigration agents in 2023 — despite showing valid proof of citizenship on both occasions. The complaint, filed by the Institute for Justice in late September 2025, is now drawing national attention as it challenges racial profiling, illegal workplace raids, and the absence of due process in federal immigration operations (The Guardian).
Detained at Work Despite a Valid Real ID
The first detention occurred at a construction site in Alabama, where Venegas was tackled by agents from Immigration and Customs Enforcement (ICE), forcibly held to the ground, and handcuffed — all while repeatedly stating, “I’m a US citizen.” Bodycam footage captured him showing an Alabama-issued Real ID, which is only available to citizens and lawful residents.
Despite this, ICE agents dismissed his documentation as fake. He was eventually released after 30 minutes, but the damage was done.
Shockingly, just a few weeks later, Venegas was detained a second time at a different construction site. Again, he presented the same Real ID. Again, he was held without a warrant or probable cause.
Now, Venegas is the lead plaintiff in a putative class action lawsuit against the Department of Homeland Security (DHS), arguing that these actions represent systemic constitutional violations — not isolated mistakes.
Lawsuit Alleges Violations of Fourth and Fifth Amendments
The legal complaint alleges that ICE agents violated Venegas’:
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Fourth Amendment rights by detaining him without a warrant, probable cause, or individualized suspicion
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Fifth Amendment rights by denying due process and treating him as “guilty until proven innocent” solely because of his appearance and name
The lawsuit also seeks class certification on behalf of other US citizens and lawful residents who may have experienced similar detentions during ICE workplace raids.
The complaint argues that ICE is engaged in racial profiling, targeting Latino workers in construction settings without any individualized evidence of unauthorized status. It challenges the constitutionality of warrantless workplace raids that rely on appearance, language, or name as the basis for enforcement.
DHS Responds with Denial, but Legal Pressure Mounts
In response, DHS issued a brief statement calling the lawsuit “race-baiting opportunism” and insisting that its agents act within legal authority. However, legal advocates say the case demonstrates a broader pattern of abuse that has gone largely unchallenged in the wake of recent Supreme Court decisions weakening protections against profiling.
The case arrives amid heightened scrutiny of immigration enforcement practices, particularly in Southern states where ICE has intensified its presence at non-traditional worksites.
Why This Lawsuit Matters
This case may set national precedent for what limits — if any — federal immigration agents must observe when interacting with US citizens and lawful permanent residents. It also brings into focus the alarming frequency of citizens being swept up in immigration operations, often without legal recourse.
If successful, the lawsuit could result in:
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Injunctions limiting future workplace raids without warrants
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Policy reforms within DHS and ICE
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Monetary compensation for wrongful detention
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New training requirements to prevent racial profiling and ensure lawful conduct
What to Do If You’re a US Citizen Detained by Immigration Agents
At Spar & Bernstein, our attorneys have decades of experience protecting the rights of citizens and immigrants alike. If you or someone you know:
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Was wrongfully detained by immigration agents
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Presented valid ID but was ignored
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Was questioned or searched without cause at a job site
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Feels targeted because of race, ethnicity, or language
You may be entitled to legal relief — and we can help you secure it.
Our firm handles federal civil rights claims, wrongful detention cases, and ICE misconduct investigations. We know how to file federal lawsuits, engage DHS oversight offices, and protect your rights from government overreach.
Call Spar & Bernstein Today
Your citizenship gives you legal rights — and when the government violates them, we make it our mission to hold them accountable. If you or a loved one experienced wrongful detention, contact us today for a confidential case evaluation.
We turn injustice into legal action.