‘Huge Blow’ to ‘Lawless’ Practices of Trump DHS as Court Orders End to Warrantless Construction Site Raids

Por Julia Conley — Common Dreams

A federal judge on Monday handed down a decision in a case brought by US citizen Leo Garcia Venegas, who was detained three times in the Trump administration’s immigration raids at construction sites—but the court’s order, said advocates, will protect workers across the country from federal agents’ warrantless, violent raids.

Chief US District Judge Jeffrey U. Beaverstock in the US District Court for the Southern District of Alabama temporarily blocked Department of Homeland Security officers from conducting raids at construction sites. He issued stays on three DHS policies while Venegas’ case proceeds and said agents had likely violated his Fourth Amendment rights.

The three practices Beaverstock blocked include DHS’ warrantless entry policy; its preemptive detention policy, which allows agents to detain a person simply based on suspicion, even without evidence, that they are an undocumented immigrant; and its continued detention policy, which permits officers to hold a person even after they show evidence of citizenship or lawful presence in the US.

Those policies have resulted in three arrests of Venegas since the spring of 2025, including one instance in which masked officers followed him home from the construction site where he worked, ripped him from his car, tackled him to the ground, and handcuffed and shackled him—all while he was trying to show them his REAL ID to prove his citizenship.

“They can suddenly show up and detain you without having done anything,” Venegas testified in May. “Now I don’t feel free to drive, to go to work, or go to the store.”

The Institute of Justice, which is representing Venegas, noted that the Trump administration has urged all Americans to get their REAL ID cards—which, in most states, have a symbol like a star on them to comply with new rules—and Venegas’ state of Alabama issues the cards only to citizens or those who are lawfully present. Yet a DHS official testified in Venegas’ case that REAL ID cards do not prove that someone is authorized to be in the US.

“Venegas was not promptly released following the production of his REAL ID to officers. Instead, the officers disregarded the veracity of his documentation and continued to detain him,” reads the court order. “A policy that permits such action is likely to run afoul of the Fourth Amendment.”

In the ruling, Beaverstock also noted that DHS last year had claimed Venegas tried to interfere with officers when he was first detained in May 2025—something that video of the arrest did not support.

DHS also claimed that the agency treats construction sites as “open fields” where agents do not need a warrant or even a reason to search the premises and make arrests—but Venegas works in closed construction sites that are posted with “No Trespassing” signs, and was working inside a house that was in the finishing stages of being built when he was arrested for a second time last June.

“Agents walked inside a house where Leo was working, surrounded him, and ordered him to follow them,” said the Institute for Justice last year when Venegas sued the Trump administration. “Again, Leo produced his REAL ID. Again, the agents refused to accept it. They marched him out of the development and detained him alongside other workers they had grabbed—only releasing him (and other lawful residents) 20 minutes later after confirming his citizenship.”

Beaverstock wrote that “the government has not convinced this court that the warrantless entry into a structure—which undisputedly occurred during the June encounter—does not implicate the Fourth Amendment.”

Jared McClain, senior attorney at the Institute for Justice, called the judge’s decision “a huge blow to DHS’ lawless enforcement practices.”

“The government stood up in court and argued that they don’t need warrants to enter private construction sites and round up all the workers, and that they can’t trust government-issued IDs,” said McClain. “By setting aside those unconstitutional policies, the court has restored the rule of law. Construction workers like Leo can finally go to work in peace again.”

Fonte: Common Dreams