US-born citizen released after ICE detention in Florida despite valid birth certificate
U.S. ICE officers conduct a targeted enforcement operation in Atlanta U.S. Immigration and Customs Enforcement (ICE) officers conduct a targeted enforcement operation in Atlanta, Georgia, U.S. on February 9, 2017. Courtesy Bryan Cox/U.S. Immigration and Customs Enforcement PHOTO: REUTERS
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Juan Carlos Lopez-Gomez, a 20-year-old US citizen born in Georgia, was released Thursday after being held overnight under an immigration detainer in a Florida jail, despite presenting a valid birth certificate in court.
Lopez-Gomez was arrested Wednesday by Florida Highway Patrol during a traffic stop as he traveled from his home in Cairo, Georgia, to a construction job in Tallahassee.
He was charged under a Florida immigration law targeting undocumented immigrants, although that law was temporarily blocked earlier this month.
However, a county judge found no reason for him to be considered an 'illegal alien' who illegally entered Florida.
At a virtual hearing Thursday, Leon County Judge LaShawn Riggans reviewed Lopez-Gomez's birth certificate and confirmed its authenticity. 'The court can clearly see the watermark,' she said, but added she lacked jurisdiction to release him due to an active ICE hold.
An ICE detainer allows immigration officials to request local law enforcement to hold an individual for up to 48 hours pending federal pickup, even if local charges are dropped. Advocates and legal experts criticized the detention, calling it an unlawful hold on a US. citizen.
'He is free!!' the Florida Immigrant Coalition posted on social media Thursday evening, sharing an image of Lopez-Gomez with family and supporters following his release.
Lopez-Gomez's case has drawn national attention and renewed concerns over the enforcement of state-level immigration laws on American citizens.
His arrest was made under Senate Bill 4-C, signed by Governor Ron DeSantis, which criminalizes undocumented entry into Florida.
The law is currently blocked by a federal judge.
'This is a clear violation of constitutional rights,' said attorney Alana Greer of the Community Justice Project. 'No one—especially not a citizen—should be held this way.'
ICE has yet to issue a public response regarding the incident.
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