Jared McClain condemned the challenged construction-site practices as Fourth Amendment violations and welcomed the opportunity to prove the claims after the case survived dismissal
Jared McClainAttorney, Institute for Justice, representing the construction workers
Jared McClain condemned the challenged construction-site practices as Fourth Amendment violations and welcomed the opportunity to prove the claims after the case survived dismissal.
“these violations of the Fourth Amendment”
Official statement

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 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.
Before the quotation
A federal court allowed construction workers' lawsuit over DHS detentions to proceed.
After the quotation
McClain said the workers would have an opportunity to prove their allegations.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Rejects the challenged raid practices as unlawful.
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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
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 identification
“a huge blow to DHS’s lawless enforcement practices”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
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- Jared McClain condemned the challenged construction-site practices as Fourth Amendment violations and welcomed the opportunity to prove the claims after the case survived dismissal
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The Dispute Index. "Jared McClain condemned the challenged construction-site practices as Fourth Amendment violations and welcomed the opportunity to prove the claims after the case survived dismissal". First published: 2026-10-01. Last updated: 2026-10-01. https://disputeindex.com/events/4288-jared-mcclain-condemned-the-challenged-construction-site-practices