US-born citizen sues after twice being arrested by immigration agents
A U.S.-born citizen who was arrested and detained by immigration authorities twice in recent months has filed a lawsuit against the federal government claiming he was improperly detained.
Leonardo Garcia Venegas, an American citizen and construction worker who lives and works in Baldwin, Alabama, claims the arrests were "unreasonable" and violated the Fourth Amendment that protects against unreasonable search and seizure.
"DHS authorizes these armed raids based on the general assumption that certain groups of people in the industry, including Latinos, are likely illegal immigrants," Venegas' attorney claimed in the lawsuit. "Once immigration officers are on a site, they preemptively seize everybody they think looks undocumented."
The lawsuit is a proposed class action complaint filed on behalf of U.S. citizens and lawful residents who, while working a construction job, "have been or will be subject to the Warrantless Entry Policy," the suit said, amid the Trump administration's immigration crackdown.
The complaint alleges that immigration officers have enforced policies adopted by the Department of Homeland Security that "grant federal immigration officers sweeping search and seizure powers."
"ICE does NOT arrest or deport U.S. citizens," Assistant Secretary Tricia McLaughlin said in a statement responding to accusations that immigration authorities have detained American citizens. "Any U.S. citizens arrested are because of obstructing or assaulting law enforcement."
According to the lawsuit, Venegas, who was born in the United States, was first detained in May at a construction site by armed men in camouflage.
"The officers ran right past the white and Black workers without detaining them and went straight for the Latino workers," his attorney claimed in the lawsuit.
Two weeks later, Venegas was allegedly arrested again on another private construction site "when another immigration patrol saw him working and assumed, without reasonable suspicion, that Leo was undocumented."
Both times, Venegas claims he told the officers he was a citizen and showed them his REAL ID, an identification card issued only to citizens and lawful residents, the lawsuit said.
"But the officers still wouldn't let him go," the suit said.
The lawsuit included 19 examples of citizens and lawful residents who have been allegedly detained "in circumstances" like Venegas.
"As Leo's experience shows, these unlawful policies have real consequences for innocent, hardworking Americans," the lawsuit said.
A statement released by DHS said that during a targeted worksite operation, "Garcia Venegas attempted to obstruct and prevent the lawful arrest of an illegal alien."
"He physically got in between agents and the subject they were attempting to arrest and refused to comply with numerous verbal commands," the statement said. "Anyone who actively obstructs law enforcement in the performance of their sworn duties, including U.S. citizens, will of course face consequences which include arrest."
No charges were filed against Garcia Venegas in connection with his arrest.
