https://www.msn.com/en-us/news/other/alabama-citizen-detained-by-ice-twice-asks-judge-for-class-action/ar-AA1PvGOQ

Alabama citizen detained by ICE twice asks judge for class action

Story by Sarah Whites-Koditschek,

A U.S. citizen who was arrested twice at work by federal agents is asking to expand his lawsuit to a class action case.

“Americans have a right to work free from the looming threat of unlawful searches and seizures,” the complaint, filed Monday, states.

Leonardo Garcia Venegas is a construction worker from Baldwin County who was arrested on two separate job sites this year by U.S. Immigration and Customs Enforcement agents.

In his suit, originally filed in federal court in September, Venegas alleges the officers refused to accept his REAL ID as proof of his citizenship on two separate occasions, claiming it was fake, and detained him anyway.

Venegas claims he was detained twice, “simply for being at work.”

He is now asking a federal judge to make his lawsuit a class action. His lawsuit asks a federal judge to pause construction site raids, said attorney Jared McClain, who works for the Institute for Justice, a libertarian civil rights law firm.

“We’ve asked the court to make the raids stop while we litigate the case to ensure that no more citizens and lawful residents are illegally detained just for going to work,” McClain told AL.com Thursday.

A spokesperson for ICE did not immediately respond to a request for comment. The Department of Homeland Security also did not respond to a request for comment. Earlier this month, Security Assistant Secretary Tricia McLaughlin said the agency does not make arrests based on race or ethnicity.

“Allegations that DHS law enforcement officers engage in ‘racial profiling’ are disgusting, reckless, and categorically FALSE,” she said in a statement.

The suit claims that during a May 21 raid in Foley, Venegas saw five camouflaged men jump over a fence and run past a “no trespassing” sign. They ran past white and Black workers and chased the Latino workers, his suit alleged.

According to the suit, the agents had no warrant. Officers tackled Venegas to the ground, took his ID out of his pocket, and claimed it was fake, his suit alleged. He was arrested and not released for over an hour, he alleged.

Venegas was again arrested at a work site in Fairhope on June 12. Again, his ID was not enough to prove his legal status, his suit claims. His motion on Monday states that a class action suit is needed because many lawful workers have friends or family who are undocumented and they are fearful that being named as plaintiffs in a lawsuit will lead to retaliation against their friends and family.

The class action suit would be divided into three categories, each a class: warrantless entry, preemptive detention and continued detention.