Introduction to the Case
A U.S.-born American citizen being held at the request of immigration officials in Florida has been released amid worry by his mother and advocates that the state’s anti-immigrant fervor could lead to the same happening to other Americans.
Juan Carlos Lopez-Gomez, 20, had been held about 24 hours after he was arrested Wednesday by Florida authorities under a state immigration law a judge temporarily blocked. On Friday, the judge denied a state request to lift the block on the law, according to Thomas Kennedy, a spokesman for Florida Immigration Coalition, an advocacy group. The law allows Florida authorities to arrest people who have entered the state and are suspected to have come to the country illegally.
The Arrest and Detention
Lopez-Gomez was in a vehicle with others who had traveled from Georgia and was heading to a job in Florida. “I feel fine leaving that place, I felt bad in there. They didn’t give us anything to eat all day yesterday,” Lopez-Gomez said in Spanish, according to the Florida Phoenix, which first reported his arrest and release. Lopez-Gomez told the news site that he had told the trooper who arrested him he was a U.S. citizen.
Release and Reaction
Kennedy told NBC News he was with Lopez-Gomez’s mother at a protest Thursday evening outside the Leon County Jail where her son was being held when she got a call from U.S. Immigration and Customs Enforcement informing her he was being released. Rather than release him where she was, ICE asked her to meet them at a nearby Wendy’s for the officer’s safety, he said. “I am happy for the family and grateful for them to be united,” Kennedy said. “This man was wronged. There need to be damages.”
Concerns and Implications
Lopez-Gomez’s mother told Florida Phoenix she worries that her other children, also U.S. citizens, will now live in fear of deportation. Lopez-Gomez was born in Georgia and therefore is an American citizen. A judge for Leon County, Florida, had determined that a birth certificate presented at a hearing Thursday was authentic but had said she did not have jurisdiction beyond finding no probable cause for the charge. Lopez-Gomez continued to be detained on a request to hold him from ICE.
ICE’s Role and the Law
ICE’s role is to enforce immigration laws that generally apply to noncitizens. American citizens are protected under the Fourth Amendment of the Constitution from unreasonable search and seizure, arrest and detention. NBC News has reached out to federal and state authorities for comment. Mutaqee Akbar, a Tallahassee attorney representing Lopez-Gomez, said he had spoken to him on Friday morning and Lopez-Gomez was "pretty shaken up" by the arrest and detention.
Next Steps and Criticisms
Akbar said the arrest and holding of Lopez-Gomez "is indicative of just the overaggression when it comes down to that law." "I think it’s indicative of the troopers not even willing to see the proof that was right in front of them. Mr. Lopez-Gomez had a Social Security card and he also had Georgia ID and he presented them both and they were ignored," he said. Akbar said the criminal case involving the charge of Lopez-Gomez entering Florida as an "illegal alien" is still open so the next step is to get that dismissed. Lopez-Gomez may also pursue a civil liability claim against the state for wrongful arrest, Akbar said.
Conclusion
The release of Juan Carlos Lopez-Gomez, a U.S.-born American citizen, from ICE hold in Florida brings to light concerns about the state’s anti-immigrant laws and their potential impact on American citizens. The incident highlights the need for careful consideration and adherence to constitutional rights, especially in the enforcement of immigration laws. It also underscores the importance of ensuring that law enforcement agencies do not overstep their authority, particularly when it comes to the detention of U.S. citizens.
FAQs
- Q: Who is Juan Carlos Lopez-Gomez?
A: Juan Carlos Lopez-Gomez is a 20-year-old U.S.-born American citizen who was arrested and detained in Florida under a state immigration law. - Q: Why was Lopez-Gomez arrested?
A: Lopez-Gomez was arrested because he was suspected of entering Florida illegally, despite being a U.S. citizen born in Georgia. - Q: What law was used to arrest Lopez-Gomez?
A: The law used to arrest Lopez-Gomez allows Florida authorities to arrest people who have entered the state and are suspected to have come to the country illegally. - Q: What happened after Lopez-Gomez’s arrest?
A: After his arrest, Lopez-Gomez was held for about 24 hours before being released. His release came after a judge denied a state request to lift the block on the law under which he was arrested. - Q: What are the concerns arising from this incident?
A: The incident raises concerns about the potential for American citizens to be wrongly detained under anti-immigrant laws and the impact of these laws on communities in Florida.
