U.S. Citizen Sues DHS After ICE Arrests Him for Third Time Despite REAL ID Proof

Leo Garcia Venegas, a U.S. citizen, is suing the Department of Homeland Security (DHS) after Immigration and Customs Enforcement (ICE) arrested him for the third time in less than a year. His latest detention occurred on May 2, when ICE agents allegedly ignored his REAL ID and used excessive force during the arrest.

In a sworn declaration filed last week, Venegas described how two ICE agents blocked his driveway in an unmarked SUV in Silverhill, Alabama. Before he could show his REAL ID proving his citizenship, the agents pulled him from his brother’s truck and arrested him. Venegas had been driving his brother’s vehicle because his own truck had broken down.

According to Venegas’ court filing, the agents did not ask any questions or issue lawful commands before detaining him. Instead, they physically forced him to the ground and shackled him despite his attempts to prove his citizenship.

"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 stated in his declaration. "The officers did not listen when I said I was a citizen and they showed no interest in looking at my Alabama Star ID, even though it is a REAL ID issued only to people who can prove their lawful status."

Venegas was shackled for 15 minutes while the agents digitally verified his identity, but he claims they never asked him any questions about his citizenship or immigration status. His filing states:

"At no point prior to physically detaining me did the officers ask me any questions about my identity, my citizenship, or my immigration status. They did not ask me to step out of the car. They did not even look at my ID before using physical force against me even though I had it in my hand."

Venegas is the lead plaintiff in a class action lawsuit against DHS over its immigration enforcement policies. He was previously detained twice in 2023 during raids on construction sites where he was working, despite presenting his REAL ID on both occasions. A DHS official admitted in a declaration that "REAL ID can be unreliable to confirm U.S. citizenship."

DHS has denied Venegas’ latest detention, claiming in a statement that "Leonardo Garcia Venegas was NOT detained last week. On Saturday, May 2, ICE conducted a routine vehicle stop on a car registered to an illegal alien. After Venegas’ identity was established, he was released."

This incident is not isolated. A ProPublica investigation in October revealed that ICE had detained at least 170 U.S. citizens in raids or at protests, often violating the Fourth Amendment through excessive force and detentions without probable cause. The agency has also been accused of lying about the detentions and treatment of these U.S. citizens.

With Venegas now facing his third encounter with ICE, the question remains: How many other U.S. citizens have suffered similar injustices at the hands of the agency?