Did DHS violate the Fourth Amendment with warrantless immigration raids on Alabama construction sites?
A U.S. citizen construction worker in Alabama was detained by ICE three times despite showing a valid REAL ID each time. His lawsuit challenges DHS's warrantless site raids, and a federal judge temporarily blocked the practices in September 2026.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case classifies reactions to DHS's construction-site enforcement practices: entering private job sites without a warrant or consent, detaining workers without individualized suspicion that any particular person is undocumented, and continuing to hold people after they produce citizenship evidence. Leo Garcia Venegas, a U.S. citizen, was detained under these practices three times despite carrying a valid REAL ID each time, and a federal judge found he is likely to succeed in showing the practices are unlawful. A statement is classified by whether the speaker defends or excuses DHS's construction-site practices as lawful and justified, or condemns them as unconstitutional profiling and overreach.
Timeline
6 timeline entries on this page. Dates: May 21, 2025 to September 21, 2026
May 2025
1 event
First detention: ICE agents raid Foley construction site, detain Venegas despite REAL ID
Incident
Masked federal immigration agents entered a private construction site in Foley, Alabama without a warrant. After Venegas recorded agents restraining his brother, officers detained and handcuffed Venegas, rejecting his valid Alabama REAL ID as fraudulent and holding him for over an hour before verifying his citizenship through Social Security records.
[01]ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing.
Source excerpt
Officers retrieved his REAL ID from his pocket but claimed it was fraudulent, keeping him handcuffed for over an hour in summer heat before verifying his status through social security records.
Reason.com's original report on the lawsuit filing, detailing the May 21 and June 12, 2025 detentions and the specific DHS practices challenged.
ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing. · Reason Magazinefull article[02]U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites
Source excerpt
Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented
Institute for Justice's own press release announcing the filing of Venegas v. Homan, with details of the two pre-filing detentions and quotes from Venegas and IJ attorney Jared McClain.
U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites · Institute for Justicefull press release
22 days between recorded events
June 2025
1 event
Second detention: ICE agents corner Venegas at a residential construction site
Incident
About three weeks after the first incident, ICE agents entered a private residential construction site roughly 20 miles from the first, cornered Venegas inside a partially built home, again disputed the validity of his REAL ID, and detained him alongside two other U.S. citizens for 20 to 30 minutes before releasing him.
[01]ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing.
Source excerpt
Officers retrieved his REAL ID from his pocket but claimed it was fraudulent, keeping him handcuffed for over an hour in summer heat before verifying his status through social security records.
Reason.com's original report on the lawsuit filing, detailing the May 21 and June 12, 2025 detentions and the specific DHS practices challenged.
ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing. · Reason Magazinefull article[02]U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites
Source excerpt
Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented
Institute for Justice's own press release announcing the filing of Venegas v. Homan, with details of the two pre-filing detentions and quotes from Venegas and IJ attorney Jared McClain.
U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites · Institute for Justicefull press release
110 days between recorded events
September 2025
1 event
Venegas and the Institute for Justice file class-action lawsuit against DHS
Claim
Leo Garcia Venegas, represented by the Institute for Justice, filed a federal class-action lawsuit, Venegas v. Homan (1:25-cv-00397, S.D. Ala.), against DHS, ICE, DOJ, and named officials including Tom Homan, Kristi Noem, and Pamela Bondi. The suit sought to stop DHS from entering private construction sites without a warrant, preemptively detaining workers without individualized suspicion, and continuing to detain workers after they produce citizenship evidence.
[01]ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing.
Source excerpt
Officers retrieved his REAL ID from his pocket but claimed it was fraudulent, keeping him handcuffed for over an hour in summer heat before verifying his status through social security records.
Reason.com's original report on the lawsuit filing, detailing the May 21 and June 12, 2025 detentions and the specific DHS practices challenged.
ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing. · Reason Magazinefull article[02]U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites
Source excerpt
Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented
Institute for Justice's own press release announcing the filing of Venegas v. Homan, with details of the two pre-filing detentions and quotes from Venegas and IJ attorney Jared McClain.
U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites · Institute for Justicefull press release[03]Venegas v. Homan, 1:25-cv-00397 (S.D. Ala.) — Docket
CourtListener/RECAP docket for the federal case, confirming the case caption Venegas v. Homan, docket number 1:25-cv-00397, filing date of September 30, 2025, the presiding judge, and the full list of named defendants (Tom Homan, Kristi Noem, Pamela Bondi, DHS, DOJ, individual ICE agents, and the United States).
Venegas v. Homan, 1:25-cv-00397 (S.D. Ala.) — Docketcase docket, filed 2025-09-30, Judge Jeffrey Uhlman Beaverstock presiding[04]U.S. citizen wrongfully detained twice in Alabama workplace raids sues immigration authorities (AP/PBS NewsHour)
Source excerpt
It feels like there is nothing I can do to stop immigration agents from arresting me whenever they want. I just want to work in peace.
AP wire story (PBS NewsHour reprint) with Venegas's own quote and IJ attorney Jaba Tsitsuashvili's statement, published the day the lawsuit was filed.
U.S. citizen wrongfully detained twice in Alabama workplace raids sues immigration authorities (AP/PBS NewsHour) · Associated Pressfull article
214 days between recorded events
May 2026
1 event
Third detention: agents confront Venegas in his own driveway after he filed suit
Incident
After the lawsuit was already pending, immigration agents followed Venegas to his home and confronted him in his driveway. According to his declaration, agents pulled him from his car, tackled him to the ground, and handcuffed him without asking questions, again rejecting his REAL ID as proof of citizenship.
[05]This U.S. citizen is suing ICE for arresting him 3 times. His lawsuit is moving forward.
Source excerpt
Agents confronted him after he parked in front of his own home, pulled him from his car, tackled him to the ground, and placed him in handcuffs without asking questions or issuing lawful commands.
Reason.com report on the May 2, 2026 third detention (after the lawsuit was filed) and the September 3, 2026 denial of the government's motion to dismiss, including DHS's standing, open-fields, and REAL ID reliability arguments.
This U.S. citizen is suing ICE for arresting him 3 times. His lawsuit is moving forward. · Reason Magazinefull article[06]Federal judge orders ICE to halt 'likely illegal' policies in Baldwin County
Source excerpt
agents do not treat REAL ID as reliable proof of legal presence
Alabama Reflector's report on the September 21 ruling, including detail from the May hearing testimony on DHS's REAL ID position and description of the May 2, 2026 driveway detention.
Federal judge orders ICE to halt 'likely illegal' policies in Baldwin County · Alabama Reflectorfull article
124 days between recorded events
September 2026
2 events
Judge denies DHS's motion to dismiss the case
Following a hearing in Mobile, Judge Jeffrey Beaverstock rejected the government's motion to dismiss. The government had argued Venegas lacked standing to challenge conditions at construction sites he did not own or control, and that REAL IDs are not reliable proof of citizenship despite federal law requiring states to verify citizenship before issuing them. The ruling allowed the case to proceed toward further litigation of the Fourth Amendment claims.
[05]This U.S. citizen is suing ICE for arresting him 3 times. His lawsuit is moving forward.
Source excerpt
Agents confronted him after he parked in front of his own home, pulled him from his car, tackled him to the ground, and placed him in handcuffs without asking questions or issuing lawful commands.
Reason.com report on the May 2, 2026 third detention (after the lawsuit was filed) and the September 3, 2026 denial of the government's motion to dismiss, including DHS's standing, open-fields, and REAL ID reliability arguments.
This U.S. citizen is suing ICE for arresting him 3 times. His lawsuit is moving forward. · Reason Magazinefull article[07]US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions
Source excerpt
Americans cannot be stopped and held by law enforcement when they are doing nothing wrong. I'm glad my case is moving forward, and I hope it can make lasting change.
Institute for Justice press release on Judge Beaverstock's September 3, 2026 denial of the government's motion to dismiss, with quotes from Venegas and IJ senior attorney Jared McClain.
US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions · Institute for Justicefull press releaseJudge Beaverstock issues temporary stay blocking the three challenged DHS practices
Judge Beaverstock issued a temporary stay — short of the full preliminary injunction Venegas sought — blocking DHS from entering private construction sites without a warrant or consent, preemptively detaining workers without individualized suspicion, and continuing to detain people after they produce citizenship evidence. The order rejected the government's argument that construction sites are 'open fields' exempt from warrant requirements, finding that construction workers have a reasonable expectation of privacy at private worksites, particularly inside structures. The stay is temporary; the underlying litigation continues.
[08]Judge blocks warrantless ICE construction site raids after agents in Alabama arrested a U.S. citizen 3 times
Source excerpt
the nature of the worksite does not open the floodgates to warrantless government intrusion
Reason.com's report on Judge Beaverstock's September 21, 2026 temporary stay order, summarizing the three blocked practices and the government's rejected 'open field' and REAL ID arguments.
Judge blocks warrantless ICE construction site raids after agents in Alabama arrested a U.S. citizen 3 times · Reason Magazinefull article[06]Federal judge orders ICE to halt 'likely illegal' policies in Baldwin County
Source excerpt
agents do not treat REAL ID as reliable proof of legal presence
Alabama Reflector's report on the September 21 ruling, including detail from the May hearing testimony on DHS's REAL ID position and description of the May 2, 2026 driveway detention.
Federal judge orders ICE to halt 'likely illegal' policies in Baldwin County · Alabama Reflectorfull article[09]Alabama judge freezes ICE construction site tactics after US citizen targeted
Source excerpt
The court is not persuaded by the government's position that it never needs a warrant to enter a construction site.
Courthouse News Service report quoting Judge Beaverstock's order at length, including his rejection of the government's 'open field' theory and reasoning on REAL ID and standing.
Alabama judge freezes ICE construction site tactics after US citizen targeted · Courthouse News Servicefull article
Response record
Responses
Latest recorded positions: 3. Dates: September 30, 2025 to September 3, 2026
Choose one response filter, or select All responses to see the full record.
2 responses on this page
Leo Garcia VenegasDirectly involved "Americans cannot be stopped and held by law enforcement when they are doing nothing wrong. I'm glad my case is moving forward, and I hope it can make lasting change."
Read the official statement (opens in a new tab)US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions · Institute for Justicefull press releaseCondemnedCase context: Did DHS violate the Fourth Amendment with warrantless immigration raids on Alabama construction sites?
Why this label?
Venegas's statement condemns being 'stopped and held' by law enforcement 'when doing nothing wrong,' directly criticizing the DHS detention practices challenged in the case as unjustified.
This label describes the statement’s response within the context above.
Read context and background
After the court denied the government's motion to dismiss his lawsuit, plaintiff Leo Garcia Venegas said Americans should not be detained by law enforcement without cause and welcomed the case moving forward.
Role at the time: Plaintiff; construction worker
Before the statement
Judge Beaverstock rejected the government's motion to dismiss on September 3, 2026, allowing Venegas's Fourth Amendment claims against DHS's construction-site enforcement practices to proceed.
After the statement
The Institute for Justice said the ruling was an important first step toward proving the alleged Fourth Amendment violations at trial.
US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions · Institute for Justicefull press releaseJared McClain "Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented"
Read the official statement (opens in a new tab)U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites · Institute for Justicefull press releaseCondemnedCase context: Did DHS violate the Fourth Amendment with warrantless immigration raids on Alabama construction sites?
Why this label?
McClain's statement directly condemns DHS's construction-site raid and detention practices as the product of profiling by appearance rather than lawful, individualized suspicion — the conduct under scrutiny in this case.
This label describes the statement’s response within the context above.
Read context and background
Institute for Justice senior attorney Jared McClain condemned DHS's construction-site raid practices as the lawsuit was filed, describing agents as detaining workers based on appearance rather than individualized evidence.
Role at the time: Senior Attorney, Institute for Justice, counsel for Leo Garcia Venegas
Before the statement
Announcing the filing of Venegas v. Homan on behalf of Leo Garcia Venegas, the Institute for Justice detailed two prior warrantless detentions of Venegas despite his valid REAL ID.
After the statement
McClain said the lawsuit sought to end DHS's dragnet enforcement approach and require officers to have individualized suspicion before detaining anyone at a construction site.
U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites · Institute for Justicefull press release
Sources
(10)
Original text
Venegas v. Homan, 1:25-cv-00397 (S.D. Ala.) — Docket
Relevant passage: case docket, filed 2025-09-30, Judge Jeffrey Uhlman Beaverstock presiding
About this source
CourtListener/RECAP docket for the federal case, confirming the case caption Venegas v. Homan, docket number 1:25-cv-00397, filing date of September 30, 2025, the presiding judge, and the full list of named defendants (Tom Homan, Kristi Noem, Pamela Bondi, DHS, DOJ, individual ICE agents, and the United States).
- Published
- Accessed
Reporting
U.S. citizen wrongfully detained twice in Alabama workplace raids sues immigration authorities (AP/PBS NewsHour)
Relevant passage: full article
Excerpt
"It feels like there is nothing I can do to stop immigration agents from arresting me whenever they want. I just want to work in peace."
About this source
AP wire story (PBS NewsHour reprint) with Venegas's own quote and IJ attorney Jaba Tsitsuashvili's statement, published the day the lawsuit was filed.
- Author
- Tim Sullivan
- Published
- Accessed
Reporting
Alabama judge freezes ICE construction site tactics after US citizen targeted
Relevant passage: full article
Excerpt
"The court is not persuaded by the government's position that it never needs a warrant to enter a construction site."
About this source
Courthouse News Service report quoting Judge Beaverstock's order at length, including his rejection of the government's 'open field' theory and reasoning on REAL ID and standing.
- Published
- Accessed
Reporting
Federal judge orders ICE to halt 'likely illegal' policies in Baldwin County
Relevant passage: full article
Excerpt
"agents do not treat REAL ID as reliable proof of legal presence"
About this source
Alabama Reflector's report on the September 21 ruling, including detail from the May hearing testimony on DHS's REAL ID position and description of the May 2, 2026 driveway detention.
- Published
- Accessed
Official statement
US Citizen and Construction Worker Wins First Round in His Lawsuit Over Repeated Unconstitutional Detentions
Relevant passage: full press release
Excerpt
"Americans cannot be stopped and held by law enforcement when they are doing nothing wrong. I'm glad my case is moving forward, and I hope it can make lasting change."
About this source
Institute for Justice press release on Judge Beaverstock's September 3, 2026 denial of the government's motion to dismiss, with quotes from Venegas and IJ senior attorney Jared McClain.
- Published
- Accessed
Official statement
U.S. Citizen's Lawsuit Demands an End to Unconstitutional Raids and Detentions at Alabama Construction Sites
Relevant passage: full press release
Excerpt
"Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented"
About this source
Institute for Justice's own press release announcing the filing of Venegas v. Homan, with details of the two pre-filing detentions and quotes from Venegas and IJ attorney Jared McClain.
- Published
- Accessed
Reporting
Lawsuit filed against immigration authorities after U.S. citizen's arrests in raids (AP)
Relevant passage: full article
Excerpt
"DHS law enforcement uses 'reasonable suspicion' to make arrests. What makes someone a target for immigration enforcement is if they are illegally in the U.S. — NOT their skin color, race, or ethnicity."
About this source
Associated Press wire story (byline Tim Sullivan) carrying DHS Assistant Secretary Tricia McLaughlin's on-the-record statement dismissing the lawsuit as 'race-baiting opportunism,' published the day after the AP's initial filing story.
- Author
- Tim Sullivan
- Published
- Accessed
Reporting
Judge blocks warrantless ICE construction site raids after agents in Alabama arrested a U.S. citizen 3 times
Relevant passage: full article
Excerpt
"the nature of the worksite does not open the floodgates to warrantless government intrusion"
About this source
Reason.com's report on Judge Beaverstock's September 21, 2026 temporary stay order, summarizing the three blocked practices and the government's rejected 'open field' and REAL ID arguments.
- Published
- Accessed
Reporting
This U.S. citizen is suing ICE for arresting him 3 times. His lawsuit is moving forward.
Relevant passage: full article
Excerpt
"Agents confronted him after he parked in front of his own home, pulled him from his car, tackled him to the ground, and placed him in handcuffs without asking questions or issuing lawful commands."
About this source
Reason.com report on the May 2, 2026 third detention (after the lawsuit was filed) and the September 3, 2026 denial of the government's motion to dismiss, including DHS's standing, open-fields, and REAL ID reliability arguments.
- Published
- Accessed
Reporting
ICE arrested a U.S. citizen—twice—during Alabama construction site raids. Now he's suing.
Relevant passage: full article
Excerpt
"Officers retrieved his REAL ID from his pocket but claimed it was fraudulent, keeping him handcuffed for over an hour in summer heat before verifying his status through social security records."
About this source
Reason.com's original report on the lawsuit filing, detailing the May 21 and June 12, 2025 detentions and the specific DHS practices challenged.
- Author
- C.J. Ciaramella
- Published
- Accessed