MOBILE, Ala. (CN) - Leo Garcia Venegas was born in Florida and is therefore an American citizen. Although he is of Hispanic descent and speaks limited English, he possesses a birth certificate, a Social Security card and a REAL ID in the state of Alabama, where he has resided for the past 12 years. 

None of those documents prevented him from being detained three times in the past year by federal immigration enforcement officials as they at times tackled him, bound his hands and feet and accused him of lying about his residency status. Venegas was released each time without charges, but to prevent it from happening again to himself or others similarly situated, he sued the government in September 2025. 

He seeks to prevent immigration officers in the Southern District of Alabama from employing a warrantless entry policy at construction sites, preemptively detaining workers and continuing to detain them even after they produce clear evidence of U.S. citizenship or lawful status. During a hearing Wednesday, Venegas testified through an interpreter about the fear and hardship he has faced since the Trump administration began enhanced deportation efforts in January 2025. 

"They can suddenly show up and detain you without having done anything," Venegas said, recalling the first two "raids" ICE officers conducted at developing residential subdivisions where Venegas and his co-workers were finishing concrete foundations for homebuilders D.R. Horton and Lennar. "Now I don't feel free to drive, to go to work or go to the store." 

He was detained a third time on May 2 in his front yard after immigration officers pulled over a vehicle belonging to his brother, who was in the country illegally but has since been deported. 

Another witness, Gehovani Alvirde-Ruiz, told the court he was subjected to the same detention policies under similar circumstances. Although Alvirde-Ruiz has permanent residency status with a green card and Social Security number, he testified that officers determined his documents "were the best fakes they had ever seen" and demanded to know where he purchased them. 

"I was worried I would be deported and my green card would be taken away," he said through an interpreter. "It feels powerless and bad."

Philip Lavoie, special agent in charge of immigration enforcement in the district, said the officers focused on construction sites due to tips received from the public or informants and admitted they had no warrants and were not targeting any particular individuals in the actions that resulted in Venegas' detention. 

"We don't believe there is a reasonable expectation of privacy in an open job site," he said, adding that Venegas was detained to check his residency status but also to protect officers as the raid unfolded. No white or Black workers were detained. 

Lavoie acknowledged his employer, the Department of Homeland Security, is responsible for verifying REAL IDs before they are issued by states, but said standards vary from state to state, and even so, "there have been numerous individuals who have been arrested with REAL IDs who were in the country illegally."

Representing the government, Assistant U.S. Attorney Sam Ladd Jr. said Venegas has no standing to bring action for trespass on property he does not own, and there was no Fourth Amendment violation. 

"A brief period of detention is not unreasonable in these circumstances," he said. 

To the contrary, Jared McClain of the Institute for Justice said his client has a redressable injury. He asked what the point of proper documentation is if the government doesn't recognize it. REAL IDs have a barcode that can easily be scanned for authenticity and are frequently scanned at airports, pawn shops and bars. 

"The fact that the very agency responsible for issuing those IDs cannot verify them as quickly as a bouncer at a bar ... that is an actionable cause," McClain said, urging the court to grant the injunction and for Homeland Security to institute a consistent policy across the country. 

Chief U.S. District Judge Jeffrey U. Beaverstock, a Donald Trump appointee, presides over the case. He did not indicate when he may issue a ruling.

Source: Courthouse News Service