A federal judge has ordered immigration officers to stop warrantless raids of construction sites, to stop detaining construction workers without a reason to suspect that a specific individual is undocumented, and to immediately release workers who present evidence of lawful presence like a REAL ID.
The stay of these policies comes in a class-action lawsuit brought by Leo Garcia Venegas, a Baldwin County man who faced arrest by immigration authorities during two such ICE raids despite being a U.S. citizen.
“For the first time in a long time, I will be able to go to work without worrying that I will be arrested for no reason,” Venegas said. “Americans cannot be stopped and held by law enforcement when they are doing nothing wrong.”
In May and June of last year, Leo was detained by officers who entered his private job sites without warrants. Both times, officers refused to believe he was a citizen or recognize his REAL ID as proof of legal status. Earlier this year, officers followed Venegas 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.
“This decision is a huge blow to DHS’s lawless enforcement practices,” said Jared McClain, senior attorney for the Institute for Justice, which represented Venegas in the case. “The government stood up in court and argued that they don’t need warrants to enter private construction sites and round up all the workers, and that they can’t trust government-issued IDs. By setting aside those unconstitutional policies, the court has restored the rule of law. Construction workers like Leo can finally go to work in peace again.”
At a May hearing to consider Leo’s motion for preliminary injunction, a Department of Homeland Security 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 official also testified that agents treat construction sites as “open fields” that they can enter without a reason or warrant. However, Venegas works on sites that are sectioned off and posted with No Trespassing signs. At the time of his second arrest, he was working inside a mostly constructed home. Agents walked in without a warrant because DHS instructed officers that they don’t need a warrant to enter construction sites.
Venegas has also submitted claims to the federal agencies who violated his rights, announcing his intent to sue under the Federal Tort Claims Act (FTCA). Those claims will be added to this lawsuit.
