An Alabama judge has granted an early victory to a Baldwin County man seeking to stop unconstitutional raids and detentions by federal immigration officers. Leo Garcia Venegas filed the federal lawsuit after being detained three times by immigration officers despite being a U.S. citizen in possession of a REAL ID.
Judge Jeffrey Beaverstock rejected the government’s attempt to dismiss the case after a hearing in Mobile. Venegas is represented by the Institute for Justice.
“The court’s decision was an important first step,” said IJ Senior Attorney Jared McClain. “We know the Department of Homeland Security thinks it can raid construction sites without a warrant, round up all the workers, and refuse to credit their government-issued IDs. Now we’ll have the chance to prove these violations of the Fourth Amendment.”
Immigration authorities detained Venegas at two different construction sites in May and June of 2025. 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.
“Americans cannot be stopped and held by law enforcement when they are doing nothing wrong,” said Leo. “I’m glad my case is moving forward, and I hope it can make lasting change.”
At a May hearing to consider the motion for a preliminary injunction, a DHS 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 also testified that agents treat construction sites as “open fields” that they can enter without a reason or warrant. Attorneys say Venegas’ second detention, inside of a mostly-constructed home, shows just how far the government’s theory reaches.
The court has yet to rule on Venegas’ request for a temporary injunction against the raids and detentions, and his attorneys reiterated that the government has not disavowed using similar tactics in Alabama.
