IJ attorney McClain condemns DHS construction-site raids as the lawsuit is filed
Jared McClainSenior Attorney, Institute for Justice, counsel for Leo Garcia Venegas
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.
“Armed and masked federal officers are raiding private construction sites in Alabama, detaining whoever they think looks undocumented”
Official statement
Other statements by Jared McClain in this case
- Jared McClain condemned the challenged construction-site practices as Fourth Amendment violations and welcomed the opportunity to prove the claims after the case survived dismissalLater: Condemned
- Jared McClain welcomed the stay of DHS's construction-site practices as restoring the rule of law, rejecting warrantless entry, blanket detention and refusal to credit identificationLater: Condemned
Where this statement fits
Did DHS violate the Fourth Amendment with warrantless immigration raids on Alabama construction sites?
Leo Garcia Venegas, a U.S. citizen construction worker in Baldwin County, Alabama, was detained by ICE agents at private construction sites three times between May 2025 and May 2026, each time after presenting a valid Alabama REAL ID that agents did not accept as proof of citizenship. Venegas and the Institute for Justice sued DHS in September 2025, challenging warrantless entry onto private construction sites, preemptive detention without individualized suspicion, and continued detention after workers produce citizenship evidence. DHS disputes that these practices exist as policy, argues Venegas lacks standing because he does not own the worksites, and contends REAL IDs are not reliable proof of citizenship. On September 21, 2026, Judge Jeffrey Beaverstock issued a temporary stay blocking all three challenged practices while the case proceeds; the litigation is ongoing.
Source and context
Official statement
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.
Archived copy (opens in a new tab)Before the quotation
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 quotation
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.
How this statement is classified
The label describes this statement's response within the context above.
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.
- Recorded on
- Published here
- People and groups discussed
- U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement
More from this case
Read the full caseVenegas says the court's stay lets him work without fear of arrest for no reason
“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.”Read statement
Venegas: 'Americans cannot be stopped and held ... when they are doing nothing wrong'
“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 statement
DHS spokesperson defends construction-site enforcement, calls Venegas suit 'race-baiting opportunism'
“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.”Read statement
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The Dispute Index. "IJ attorney McClain condemns DHS construction-site raids as the lawsuit is filed". First published: 2026-09-24. Last updated: 2026-09-24. https://disputeindex.com/events/2234-institute-for-justice-senior-attorney-jared-mcclain-condemned