U.S. Citizen, ICE Lawsuit Plaintiff, Detained for Third Time Despite REAL ID Proof

Leo Garcia Venegas, a U.S. citizen and lead plaintiff in a class-action lawsuit against the Department of Homeland Security (DHS), was shackled and detained by federal Immigration and Customs Enforcement (ICE) officers for a third time on May 2, according to court documents.

Venegas was parking in front of his home in Silverhill, Alabama, when an unmarked SUV blocked his vehicle. Before he could present his Alabama-issued REAL ID to the two ICE officers who approached him, they pulled him from his truck and handcuffed him. The officers did not ask any questions or issue lawful commands before detaining him.

This incident marks Venegas’ third detention by ICE agents in 2025. He was previously arrested twice during raids on private construction sites where he worked, despite having a REAL ID proving his U.S. citizenship. The Institute for Justice, a public-interest law firm, filed a class-action lawsuit in October 2024 on behalf of Venegas and other construction workers. The lawsuit challenges DHS immigration enforcement policies, alleging that agents conduct illegal "dragnet raids" targeting Latinos without probable cause beyond ethnicity.

Jared McClain, an attorney for the Institute for Justice, stated that Venegas’ third detention demonstrates the unconstitutional enforcement of immigration laws as alleged in the lawsuit. "It's arrest first, ask questions later," McClain said. "These aren't the brief investigatory stops based on individualized suspicion that the Supreme Court has allowed."

In a May 4 declaration, Venegas explained that he had been driving his brother’s old truck since late April, when his own vehicle broke down. The truck’s plates were still registered to his brother. Despite presenting his Alabama Star ID—a REAL ID issued only to individuals who can prove lawful status—the officers ignored his claims of citizenship and proceeded to detain him.

"Still without asking me a single question or issuing any lawful commands, the officers pulled me out of my car, tackled me to the ground, and shackled me around both my arms and legs," Venegas’ declaration stated. "The officers did not listen when I said I was a citizen and they showed no interest in looking at my Alabama Star ID."

Venegas was shackled and detained for approximately 15 minutes before the officers verified his identity using DHS technology. According to his declaration, the officers never asked about his identity, citizenship, or legal status prior to physically detaining him.