ICE's Mass Arrests Ensnare U.S. Citizens and Show No Signs of Stopping
The case of Leo Garcia Venegas, a U.S. citizen arrested twice by immigration enforcement, demonstrates the problem with the government's current strategy.
The Trump administration's emphasis on immigration enforcement is sparking protests across the country. It has also caused disagreement among Republicans and, as covered by Reason's Autumn Billings, within the executive branch between those who want to target criminals and officials who are more interested in driving up the numbers of deportations. Unfortunately, the hardline faction's apparent victory could result in more botched arrests, such as that of U.S. citizen Leo Garcia Venegas, who was detained twice and has now filed a federal lawsuit over his mistreatment.
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Detained for Working in the Country of His Birth
"Leo is an American citizen who works in the construction industry in southern Alabama," according to a motion for a preliminary injunction against construction workplace raids filed in the U.S. District Court for the Southern District of Alabama by Venegas with the support of the Institute for Justice (I.J.). "In early 2025, federal immigration officers started raiding private construction sites across the region. In May, Leo was working on a fenced-in private site posted with a No Trespassing sign when officers stormed in unannounced, detained him and all other Latino workers, dismissed his REAL ID as fake, and kept him handcuffed for nearly an hour. Just three weeks later, officers walked right into a home in which Leo was working, ordered him out, told him his REAL ID could be fake, and marched him out of the development before they finally acknowledged that Leo is a citizen." (Reason's C.J. Ciaramella reported on Venegas' case earlier this month.)
Venegas was born in Florida and now lives in Alabama, where he has worked in construction since graduating from high school in 2019. According to the filing, on May 21, Venegas was working on a construction site when five federal agents jumped over the fence. The officers "ran past the four non-Latino workers and went straight for Leo's crew, all of whom were Latino."
When two officers forced Venegas's undocumented brother to the ground, Venegas "took out his phone, started recording, and inched closer. Leo got about 25 feet from his brother before a masked officer stepped into Leo's way. When Leo widened his path to keep his camera trained on his brother, the officer declared, 'You're making this more complicated than you want to.' Then, without asking Leo any questions, the officer grabbed Leo by the arm and started forcing him to the ground."
Backed by the non-Latino workers, who protested the feds' actions (one yelling, "He's not even doing nothing wrong—what the fuck?"), Venegas asserted his citizenship and offered his REAL ID-compliant driver's license as proof.
The feds describe the situation a little differently. They insist 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."
Take the Feds' Story With a Grain of Salt
But this is the sort of claim that law-enforcement officers frequently make when recorded—or they do worse. A 2021 Miami Beach law establishing 20-foot buffer zone members of the public were required to stay beyond when observing or recording arrests was suspended after a single month of enforcement. "Five officers were charged with battery after arresting two individuals under this ordinance," according to the ACLU of Florida. "In one case, an individual started recording police after he saw officers kicking a separate handcuffed person at a hotel. The officers then began to punch the man who was filming and arrested him for interfering."
So, any claim that Venegas "attempted to obstruct and prevent" a lawful arrest should be taken with a grain of salt. As the U.S. Justice Department has conceded, "the First Amendment protects the rights of private citizens to record police officers during the public discharge of their duties." Pointing a phone in the direction of Immigration and Customs Enforcement (ICE) officers cuffing your brother is neither obstruction nor an arrestable offense.
Officers initially insisted Venegas's supposedly "secure," REAL ID-compliant license was fake but finally released him after confirming his Social Security number.
On June 12, while working alone at a house under construction, Venegas was again detained by officers who refused to accept the authenticity of his REAL ID. He was released after they eventually confirmed his lawful status.
Mass Arrests Bring a Host of Abuses
Venegas isn't the only U.S. citizen to run afoul of the increased emphasis on immigration enforcement. Just days ago, according to 16-year-old Arnoldo Bazan, ICE officers in an unmarked car and without uniform insignia beat and choked him in Houston. He was finally released but his father was deported.
Two weeks ago, ProPublica reported it had found more than 170 cases of "agents holding citizens against their will, whether during immigration raids or protests." In some cases, U.S. citizens were initially accused of assaulting or impeding officers, but charges were rarely brought, suggesting there was little substance to the accusations. "Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors."
In one case, "agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors." She was released without charges after two days.
ICE agents even managed to accidentally detain a U.S. marshal in Tucson.
According to Fox News, the dispute within the administration over the direction of immigration enforcement is between "Border Czar Tom Homan and ICE Director Todd Lyons, who have advocated focusing on criminal aliens and those with final deportation orders" and "DHS Secretary Kristi Noem, senior adviser Corey Lewandowski and Border Patrol Commander Greg Bovino, who have pushed for a broader and more aggressive approach, targeting anyone in the U.S. illegally to boost deportation numbers."
The problem with emphasizing mass arrests without warrants of supposedly foreign-looking people over targeted actions is that the government doesn't just drive up the numbers; it scoops up many people who have every right to be where they are and do what they're doing without being molested by agents of the state.
"That's all unconstitutional. And we've asked the court to bring that practice to an end," comments I.J. Attorney Jared McClain.
If Venegas wins his case, he won't be the only one to benefit from imposing a little restraint on the federal government.
