In a court case before an Alabama district court, attorneys say DHS has adopted a three-pronged policy of aggressive arrest and detention. The case involves Leonardo Garcia Venegas, a U.S. citizen construction worker of Mexican descent, twice detained during immigration raids at private, non-public construction sites despite presenting an Alabama REAL ID:

The brief alleges DHS has adopted a Warrantless Entry Policy permitting officers to enter fenced, posted construction sites and partially built homes without judicial warrants, treating them as “open areas.” It also alleges a Preemptive Detention Policy under which officers detain Latino construction workers based on appearance and occupation alone, without individualized suspicion, effectively replacing targeted investigation with mass, location-based sweeps. Finally, it alleges a Continued Detention Policy authorizing officers to maintain custody even after individuals present documentation establishing lawful presence, including DHS-certified REAL IDs.

They assert there are  agency-wide directives reflecting a reinterpretation of DHS authority, constitute final agency action, and violate the Fourth Amendment, federal statutes, and binding regulations. The plaintiffs do not have smoking gun internal documents. They rely on public DHS press releases and memoranda, including references to a Lyons Memo authorizing use of administrative warrants, public statements, ICE training materials cited in other litigation, news reports, and repeated on-the-ground enforcement conduct, including the plaintiff’s own detentions.