Leonardo Garcia Venegas was detained by immigration agents while filming a raid on his worksite, despite having a REAL ID on him and telling the officers he was a citizen.
Reporting Highlights
Americans Detained: The government doesn’t track how many citizens are held by immigration agents. We found more than 170 cases this year where citizens were detained at raids and protests.
Held Incommunicado: More than 20 citizens have reported being held for over a day without being able to call their loved ones or a lawyer. In some cases their families couldn’t find them.
Cases Wilted: Agents have arrested about 130 Americans, including a dozen elected officials, for allegedly interfering with or assaulting officers, yet those cases were often dropped.
These highlights were written by the reporters and editors who worked on this story.
When the Supreme Court recently allowed immigration agents in the Los Angeles area to take race into consideration during sweeps, Justice Brett Kavanaugh said that citizens shouldn’t be concerned.
“If the officers learn that the individual they stopped is a U.S. citizen or otherwise lawfully in the United States,” Kavanaugh wrote, “they promptly let the individual go.”
About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones.
Videos of U.S. citizens being mistreated by immigration agents have filled social media feeds, but there is little clarity on the overall picture. The government does not track how often immigration agents hold Americans.
So ProPublica created its own count.
We compiled and reviewed every case we could find of agents holding citizens against their will, whether during immigration raids or protests. While the tally is almost certainly incomplete, we found more than 170 such incidents during the first nine months of President Donald Trump’s second administration.
Among the citizens detained are nearly 20 children, including two with cancer. That includes four who were held for weeks with their undocumented mother and without access to the family’s attorney until a congresswoman intervened.
Immigration agents do have authority to detain Americans in limited circumstances. Agents can hold people whom they reasonably suspect are in the country illegally. We found more than 50 Americans who were held after agents questioned their citizenship. They were almost all Latino.
Immigration agents also can arrest citizens who allegedly interfered with or assaulted officers. We compiled cases of about 130 Americans, including a dozen elected officials, accused of assaulting or impeding officers.
These cases have often wilted under scrutiny. In nearly 50 instances that we have identified so far, charges have never been filed or the cases were dismissed. Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors.
Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed and punched a young man who had filmed them searching for his relative. In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn’t given medical attention despite having broken ribs in the incident and having recently had heart surgery. In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)
George Retes, an American combat veteran, at the site of his arrest by immigration agents on California’s Central Coast. Retes was detained for three days without access to a lawyer and missed his daughter’s third birthday.
In response to questions from ProPublica, the Department of Homeland Security said agents do not racially profile or target Americans. “We don’t arrest US citizens for immigration enforcement,” wrote spokesperson Tricia McLaughlin.
A top immigration official recently acknowledged agents do consider someone’s looks. “How do they look compared to, say, you?” Border Patrol chief Gregory Bovino said to a white reporter in Chicago.
The White House told ProPublica that anyone who assaults federal immigration agents would be prosecuted. “Interfering with law enforcement and assaulting law enforcement is a crime and anyone, regardless of immigration status, will be held accountable,” said the Deputy Press Secretary Abigail Jackson. “Officers act heroically to enforce the law, arrest criminal illegal aliens, and protect American communities with the utmost professionalism.”
A spokesperson for Kavanaugh did not return an emailed request for comment.
An immigration raid on 79-year-old Rafie Ollah Shouhed’s car wash left him with broken ribs.Courtesy of Rafie Ollah Shouhed. Compiled by ProPublica.
Tallying the number of Americans detained by immigration agents is inherently messy and incomplete. The government has long ignored recommendations for it to track such cases, even as the U.S. has a history of detaining and even deporting citizens, including during the Obama administration and Trump’s first term.
We compiled cases by sifting through both English- and Spanish-language social media, lawsuits, court records and local media reports. We did not include arrests of protesters by local police or the National Guard. Nor did we count cases in which arrests were made at a later date after a judicial process. That included cases of some people charged with serious crimes, like throwing rocks or tossing a flare to start a fire.
Experts say that Americans appear to be getting picked up more now as a result of the government doing something that it hasn’t for decades: large-scale immigration sweeps across the country, often in communities that do not want them.
In earlier administrations, deportation agents used intelligence to target specific individuals, said Scott Shuchart, a top immigration official in the Biden, Obama and first Trump administrations. “The new idea is to use those resources unintelligently” — with officers targeting communities or workplaces where undocumented immigrants may be.
When federal officers roll through communities in the way the Supreme Court permitted, the constitutional rights of both citizens and noncitizens are inevitably violated, argued David Bier, the director of immigration studies at the libertarian Cato Institute. He recently analyzed how sweeps in Los Angeles have led to racial profiling. “If the government can grab someone because he’s a certain demographic group that’s correlated with some offense category, then they can do that in any context.”
Cody Wofsy, an attorney at the American Civil Liberties Union, put it even more starkly. “Any one of us could be next.”
The video Garcia Venegas made of an immigration raid on a construction site shows him walking away from the officer while trying to film and then stating that he’s a citizen before being detained.Courtesy of Garcia Venega
When Kavanaugh issued his opinion that immigration agents can consider race and other factors, the Supreme Court’s three liberal justices strongly dissented. They warned that citizens risked being “grabbed, thrown to the ground, and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor.”
Leonardo Garcia Venegas appears to have been just such a case. He was working at a construction site in coastal Alabama when he saw masked immigration agents from Homeland Security Investigations hop a fence and run by a “No trespassing” sign. Garcia Venegas recalled that they moved toward the Latino workers, ignoring the white and Black workers.
Garcia Venegas began filming after his undocumented brother asked agents for a warrant. In response, the footage shows, agents yanked his brother to the ground, shoving his face into wet concrete. Garcia Venegas kept filming until officers grabbed him too and knocked his phone to the ground.
Other co-workers filmed what happened next, as immigration agents twisted the 25-year-old’s arms. They repeatedly tried to take him to the ground while he yelled, “I’m a citizen!”
Officers pulled out his REAL ID, which Alabama only issues to those legally in the U.S. But the agents dismissed it as fake. Officers held Garcia Venegas handcuffed for more than an hour. His brother was later deported.
Leonardo Garcia Venegas told agents he was a citizen both times he was detained. His REAL ID was dismissed as a fake.
Garcia Venegas was so shaken that he took two weeks off of work. Soon after he returned, he was working alone inside a nearly built house listening to music on his headphones when he sensed someone watching him. A masked immigration agent was standing in the bedroom doorway.
This time, agents didn’t tackle him. But they again dismissed his REAL ID. And then they held him to check his citizenship. Garcia Venegas says agents also held two other workers who had legal status.
DHS did not respond to ProPublica’s questions about Garcia Venegas’ detentions, or to a federal lawsuit he filed last month. The agency has previously defended the agents’ conduct, saying he “physically got in between agents and the subject” during the first incident. The footage does not show that, and Garcia Venegas was never charged with obstruction or any other crime.
Garcia Venegas’ lawyers at the nonprofit Institute for Justice hope others may join his suit. After all, the reverberations of the immigration sweeps are being felt widely. Garcia Venegas said he knows of 15 more raids on nearby construction sites, and the industry along his portion of the Gulf Coast is struggling for lack of workers.
Kavanaugh’s assurances hold little weight for Garcia Venegas. He’s a U.S. citizen of Mexican descent, who speaks little English and works in construction. Even with his REAL ID and Social Security card in his wallet, Garcia Venegas worries that immigration agents will keep harassing him.
“If they decide they want to detain you,” he said. “You’re not going to get out of it.”
Men building a home in rural Baldwin County, Alabama. Garcia Venegas was detained by immigration agents twice while working on homes in the area.
George Retes was among the citizens arrested despite immigration agents appearing to know his legal status. He also disappeared into the system for days without being able to contact anyone on the outside.
The only clue Retes’ family had at first was a brief call he managed to make on his Apple Watch with his hands handcuffed behind his back. He quickly told his wife that “ICE” had arrested him during a massive raid and protest on the marijuana farm where he worked as a security guard.
Still, Retes’ family couldn’t find him. They called every law enforcement agency they could think of. No one gave them any answers.
Eventually, they spotted a TikTok video showing Retes driving to work and slowly trying to back up as he’s caught between agents and protestors. Through the tear gas and dust, his family recognized Retes’ car and the veteran decal on his window. The full video shows a man — Retes — splayed on the ground surrounded by agents.
George Retes’ family noticed his car in a compiled video posted to TikTok. This clip from that longer video shows his white vehicle surrounded by tear gas. Immigration agents later pinned him on the ground.nota.sra/TikTok
Retes’ family went to the farm, where local TV reporters were interviewing families who couldn’t find their loved ones.
“They broke his window, they pepper sprayed him, they grabbed him, threw him on the floor,” his sister told a reporter between sobs. “We don’t know what to do. We’re just asking to let my brother go. He didn’t do anything wrong. He’s a veteran, disabled citizen. It says it on his car.”
Retes was held for three days without being given an opportunity to make a call. His family only learned where he had been after his release. His leg had been cut from the broken glass, Retes told ProPublica, and lingering pepper spray burned his hands. He tried to soothe them by filling sandwich bags with water.
Retes recalled that agents knew he was a citizen. “They didn’t care.” He said one DHS official laughed at him, saying he shouldn’t have come to work that day. “They still sent me away to jail.” He added that cases like his show Kavanaugh was “wrong completely.”
DHS did not answer our questions about Retes. It did respond on X after Retes wrote an op-ed last month in the San Francisco Chronicle. An agency post asserted he was arrested for assault after he “became violent and refused to comply with law enforcement.” Yet Retes had been released without any charges. Indeed, he says he was never told why he was arrested.
Retes said that agents knew he was a citizen. “They didn’t care.”
The Department of Justice has encouraged agents to arrest anyone interfering with immigration operations, twiceordering law enforcement to prioritize cases of those suspected of obstructing, interfering with or assaulting immigration officials.
But the government’s claims in those cases have often not been borne out.
Daniel Montenegro was filming a raid at a Van Nuys, California, Home Depot with other day-laborer advocates this summer when, he told ProPublica, he was tackled by several officers who injured his back.
Bovino, the Border Patrol chief who oversaw the LA raids and has since taken similar operations to cities like Sacramento and Chicago, tweeted out the names and photos of Montenegro and three others, accusing them of using homemade tire spikes to disable vehicles.
“I had no idea where that story came from,” Montenegro told ProPublica. “I didn’t find out until we were released. People were like, ‘We saw you on Twitter and the news and you guys are terrorists, you were planning to slash tires.’ I never saw those spike tire-popper things.”
Officials have not charged Montenegro or the others with any crimes. (Bovino did not respond to a request for comment, while DHS defended him in a statement to ProPublica: “Chief Bovino’s success in getting the worst of the worst out of the country speaks for itself.”)
The government’s cases are sometimes so muddied that it’s unclear why agents actually arrested a citizen.
Andrea Velez was charged with assaulting an officer after she was accidentally dropped off for work during a raid on street vendors in downtown Los Angeles. She said in a federal complaint that officers repeatedly assumed she did not speak English. Federal officers later requested access to her phone in an attempt to prove she was colluding with another citizen arrested that day, who was charged with assault. She was one of the Americans held for more than two days.
DHS did not respond to our questions about Velez, but it has previously accused her of assaulting an officer. A federal judge has dismissed the charges.
Other citizens also said officers accused them of crimes and suddenly questioned their citizenship — including a man arrested after filming Border Patrol agents break a truck window, and a pregnant woman who tried to stop officers from taking her boyfriend.
“The often-inadequate guardrails that we have for state and local government — even those guardrails are nonexistent when you’re talking about federal overreach,” said Joanna Schwartz, a professor at UCLA School of Law.
More than 50 members of Congress have also written to the administration, demanding details about Americans who’ve been detained. One is Sen. Alex Padilla, a California Democrat. After trying to question Noem about detained citizens, federal agents grabbed Padilla, pulled him to the ground and handcuffed him. The department later defended the agents, saying they “acted appropriately.”
The story below shows how lawless and belligerent ICE has gotten. The laws and the legal authority of a judge mean nothing to them. There is a video at the link below.
On a personal note I have a doctor’s appointment this morning for steroid injections. Depending on how it goes I may need them for the next three months. I will try to do a video to explain as it is too hard to type out. I am way too tired starting from when Ron and I had what we think is Covid a few months ago. Hugs
“If they had the wrong person, then they didn’t know who they were looking for, which calls into question whether they had the legal right to seize anybody,” Weizenbaum said. “It’s very frightening.”
Lieutenant Governor Sabina Matos referred to the ICE agents’ actions as an “attempted abduction,” adding that it only emphasizes “the danger of flooding our streets with masked thugs who can’t tell the difference between a hardened criminal and a high school student.”
A Rhode Island Superior Court intern was briefly taken into custody by Immigration and Customs Enforcement agents in Providence Thursday afternoon before a judge intervened, according to the state’s Judiciary office.
The student, a high school intern at Superior Court, was reportedly detained by the agents outside the Licht Judicial Complex on Benefit Street.
Superior Court Judge Joseph McBurney insisted the agents had the wrong person. It was not until ICE verified their information and admitted the intern was not their intended target that he was released.
Multiple sources told Target 12 that Rhode Island sheriffs earlier noticed someone taking photos of the intern inside the courthouse and in Superior Court Judge McBurney’s courtroom. When approached, the individual identified himself as an ICE agent and was told to abide by standard courthouse rules, and to stop taking pictures.
The intern was reportedly shaken, so McBurney offered to drive him home. ICE agents then surrounded the judge’s car and demanded everyone to exit the vehicle, threatening to smash in the windows if they did not comply.
Dana Smith, Head of Security Operations for R.I. Superior Court, confronted the agents and told both the judge and the intern to stay inside the car. After an argument, ICE confirmed they had misidentified the teen and left. The intern was released once his ID was checked.
Community reaction
“This egregious incident underscores both the community’s and the Judiciary’s concerns about how ICE is conducting its operations in Rhode Island,” R.I. Supreme Court Chief Justice Paul A. Suttell said.
Citing that climate, Suttell said the Judiciary understands recent calls to expand the use of virtual court hearings in Providence.
“The need to balance constitutional considerations, the public’s right of access, and the integrity of testimonial and evidentiary processes do not allow for a fully virtual court system,” Suttell said. “What occurred today, however, reinforces the Judiciary’s need to focus on ways to enhance access to virtual hearings and to educate the public as to how to request such hearings.”
Attorney Miriam Weizenbaum was outside the courthouse as the intern was being detained.
“If they had the wrong person, then they didn’t know who they were looking for, which calls into question whether they had the legal right to seize anybody,” Weizenbaum said. “It’s very frightening.”
Gov. Dan McKee described the intern’s wrongful detainment as being “an outrageous and indefensible act that could have completely upended a young person’s life. “
“Rhode Islanders should not have to fear federal agents operating with such reckless disregard for the law and human dignity,” McKee said. “This was not a harmless mistake. It was the direct result of callous and chaotic policies by the Trump administration. Moreover, ICE’s failure to exercise even a shred of due diligence is shameful and underscores just how broken and dangerous these federal policies are.”
McKee said he supports the judiciary’s commitment “to enhance access to virtual hearings and promote safe access to courts.”
Rep. Seth Magaziner called the incident “completely unacceptable.”
“This is yet another example of the disregard for civil liberties by immigration enforcement under the Trump administration,” Magaziner said, adding that he will “continue to call out the administration’s reckless actions.”
Lieutenant Governor Sabina Matos referred to the ICE agents’ actions as an “attempted abduction,” adding that it only emphasizes “the danger of flooding our streets with masked thugs who can’t tell the difference between a hardened criminal and a high school student.”
Matos commended Judge McBurney for using his position to speak up, while condemning those who continue to support ICE.
Tim White (twhite@wpri.com) is Target 12 managing editor and chief investigative reporter and host of Newsmakers for 12 News. Connect with him on Twitter and Facebook.
Photo Illustration by Victoria Sunday/The Daily Beast/Getty Images
Homeland Security Secretary Kristi Noem and her alleged lover Corey Lewandowski ordered 10 Spirit Airlines jets before realizing the planes had no engines.
Officials warned the pair that purchasing the jets—which they said would be used to increase deportations and for their own travel—was impractical, and that simply hiring additional flight contractors would be far less costly, The Wall Street Journal reported
Corey Lewandowski and Kristi Noem, who are both married, deny reports that they are having an affair.Jabin Botsford/The Washington Post via Getty Images
But Noem and Lewandowski went ahead and blew through the funds allocated by Congress. Officials realized the pair’s blunder when they looked deeper into their spending spree and realized that Spirit—which has filed for bankruptcy twice—didn’t own the planes in the first place, and that the engines would have to be purchased separately, according to the Journal.
Noem and her shopping partner then purchased two Gulfstream jets for $200 million. However, shortly after, DHS notified the Democrats on the House Appropriations Committee that the project to increase deportation flights had been paused.
Noem looks pensive after a press conference held to discuss the “Midway Blitz” immigration enforcement operation in Chicago.Jamie Kelter Davis/Getty Images
Lewandowski—whose alleged relationship with Noem has been described as D.C.’s “worst-kept secret”—has been referred to as Noem’s “gatekeeper,” operating as a special government employee who travels with her, weighs in on personnel, and shapes enforcement.
He has also spearheaded efforts to replace ICE leaders across the country with Border Patrol veterans to impose a more heavy-handed, military-style approach to Trump’s immigration crackdown, such as the hostile situation dubbed “Midway Blitz,” unfolding in Chicago.
Gregory Bovino has a background in chasing migrants and drug smugglers through border terrain.Chicago Tribune/Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images
Led by Border Patrol Chief Gregory Bovino, the operation’s militarized enforcement tactics and aggressive approaches have sparked public outcry. Footage and testimony have shown federal officers firing pepper-ball rounds and tear gas—even near children—while clashing with protesters. ICE agents have also been spotted roaming quiet neighborhoods, questioning landscapers and decorators.
Still, the militant approach hasn’t appeased the White House or met its steep daily deportation quotas.
ICE and Border Protection agents had made 3,000 arrests in Chicago over two months as of late October—the same number the White House has demanded they make in a single day, the Journal reported.
Noem’s methods—and the mounting pressure from the White House—have sparked infighting among DHS officials as they grapple with Lewandowski’s informal authority.
Kristi Noem and Greg Bovino visit the ICE facility in Chicago in October.DHS photo by Tia Dufour
Border czar Tom Homan and ICE Director Todd Lyons favor an old-school, less hostile approach, including using police research to develop target lists and focusing on those with criminal histories, sources told the Journal. But while Homan is influential in the White House, Noem has the final say.
Trump, however, is on the side of aggression, saying in a 60 Minutes interview last week that ICE officials “haven’t gone far enough” in Chicago.
The Daily Beast has reached out to DHS and ICE for comment. A spokesperson for DHS denied there were divisions in the department in a statement to the Journal, adding that Trump’s administration is on pace to “shatter records and deport 600,000 people by the end of Trump’s first year.”
Noem’s shake-up comes even as a federal judge on Thursday accused Bovino, 55, of lying to her in court as she imposed sweeping limits on a hardline anti-migrant crackdown in Illinois.
Bovino previously claimed he was hit in the head with a rock before he lobbed gas at anti-ICE protesters in Chicago—a claim he later admitted was false after DHS could not produce evidence to support it.
In an oral ruling, U.S. District Judge Sara Ellis said, “I find the government’s evidence to be simply not credible,” after weeks of tear-gassings, pepper-ball strikes, and hard takedowns against journalists, clergy, and residents during “Operation Midway Blitz,” with excessive violence that, she said, “shocks the conscience.”
Personal note: I got sick and very depressed. Was only out of bed for 4 to 6 hours only. So much bad happened in a short period of time that I couldn’t deal. I plan to do a video someday on it. But everything from being on the gurney with iv’s in my hand only to learn they couldn’t do my cataract surgery to the car engine seizing and then the van needing 2 grand in repairs. That was enough but Ron did not measure the placement of the bathroom project water lines, so things did not fit. It all had to be redone and so we changed where things were going. But just as I started to feel better and had more energy I went to fix a problem on my computers. I reset the video one thinking I had the extended updates for a year. But resetting it wiped that out. So for the last few days I have learned about Linux systems and tried to install them. The first one Ubuntu installed but I couldn’t get the line commands to work. The second installed and worked but faulted out. Every attempt to install one since has failed. I am wiping and then reactivating the hard drive to see if that will work. If not I will have to add a new processing chip and or motherboard to the list of things I can’t afford but need. That is why I have not been around much. Best wishes to all and hugs to those that want them.
Scottie's Playtime 