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Yahoo
21-04-2025
- Yahoo
Feds blame U.S. citizen for his arrest under suspended immigration law
Juan Carlos Lopez-Gomez sits at a Wendy's on April 17, 2025, near the Leon County jail, where he was held for more than 24 hours. (Photo by Jackie Llanos/Florida Phoenix) The federal government is blaming a U.S. citizen for his arrest during a traffic stop in Leon County last week under a temporarily blocked state immigration law. A senior official with the Department of Homeland Security said Monday that Juan Carlos Lopez-Gomez, a 20-year-old born in Georgia, was detained Wednesday after he told a Florida Highway Patrol trooper that he was in the country illegally. 'Immediately after learning the individual was a United States citizen, he was released,' a DHS senior official said in a statement Monday. 'When individuals admit to committing a crime, like entering the country illegally, they will of course be detained while officers investigate.' The trooper charged Lopez-Gomez following a traffic stop with illegally entering the state as an 'unauthorized alien,' under a new state law that a federal judge temporarily suspended on April 4. Lopez-Gomez, released from Leon County jail Thursday evening, insists he told the trooper he was a U.S. citizen born in Georgia, handed over his Social Security card and Georgia ID, which meets federal security standards under the REAL ID Act of 2005. The case garnered national attention following Florida Phoenix's reporting on Thursday. The arrest report states that Lopez-Gomez said he was in the country illegally and had entered Florida illegally, but turned over his ID. However, the arrest report doesn't mention the Social Security card. The trooper stopped the car Wednesday morning because the driver was going 78 mph in a 65 mph zone, according to the report. Lopez-Gomez was a passenger in the car with two others on his way to a flooring job from Cairo, Georgia, to Tallahassee. Amilcar Sales-Lopez, a family member of the driver and boss of the crew, said he arrived at the scene on U.S. Highway 319 because the men called him as they were getting pulled over. Sales-Lopez told the two troopers that Lopez-Gomez was a U.S. citizen, but first had to hand over his Florida driver's license, he said in a phone interview with Florida Phoenix. 'He said I had to verify who I was or that they would arrest me,' Sales-Lopez said in Spanish. 'They wanted to intimidate me,' he added. The arrest report doesn't mention that Sales-Lopez was present during the arrest. The 20-year-old's first language is Tzotzil, a Mayan language, his mother told the Phoenix. He lived in Mexico from the time he was 1-year-old until four years ago, when he returned to Georgia. The Phoenix has requested video footage of the arrest from the Florida Department of Highway Safety and Motor Vehicles. A spokesperson from the department repeated in a statement to the Phoenix Friday that Lopez-Gomez had stated he was in the country illegally and that he had a federal detainer issued on him. U.S. Immigration and Customs Enforcement issued a detainer asking the jail to hold Lopez-Gomez for 48 hours after his arrest. A Leon County judge cited the ICE hold as the reason she lacked jurisdiction to release Lopez-Gomez, even though she found no probable cause for the arrest after inspecting the Georgia birth certificate and Social Security card his mom brought to court. The ICE hold states that DHS determined Lopez-Gomez could be deported based on biometric confirmation of his identity and his statements to an immigration officer or 'reliable evidence.' DHS did not respond when the Phoenix asked whether the arresting trooper had federal authorization to act as an immigration official. Approximately 1,400 troopers have completed 40 hours of training to question and arrest people they suspect are in the country without authorization. Although Attorney General James Uthmeier argues the federal prohibition on enforcement of the law, SB 4C, doesn't apply to law enforcement, he sent a memo Friday to FHP, the Florida Department of Law Enforcement, police chiefs, and sheriffs stating that they shouldn't arrest or detain anyone under the suspended law. U.S. District Court Judge Kathleen Williams extended her prohibition on the enforcement of Florida's immigration law until April 29. SUPPORT: YOU MAKE OUR WORK POSSIBLE
The Independent
18-04-2025
- Politics
- The Independent
US-born citizen detained ‘unlawfully' by ICE is freed hours after his mom begs in court and shows his birth certificate
A 20-year-old U.S. citizen was held in a Florida jail for hours by federal immigration authorities despite his mother showing his birth certificate to a judge. Juan Carlos Lopez-Gomez was released on Thursday night after being arrested during a traffic stop and accused of being undocumented. 'The Constitution provides guardrails to protect due process and prevent unlawful arrests,' American Civil Liberties Union Foundation of Florida legal fellow and immigrants' rights attorney Amy Godshall said in a statement to The Independent. His detention was 'based on a patently false allegation that he entered the state while undocumented,' she said. 'All this despite his mother appearing in court with his Social Security card and his birth certificate showing his place of birth as the United States.' Lopez-Gomez was taken to Leon County Jail after a traffic stop and charged with illegally entering the state as an 'unauthorized alien' under a state law that has been temporarily blocked from enforcement by a federal judge. During a hearing, Leon County Judge LaShawn Riggans claimed that she did not have jurisdiction to release him after Immigration and Customs Enforcement requested that he remain in detention, according to court records. The Florida Phoenix first reported the arrest. He was released hours later, though it is not clear what led to the change. Lopez-Gomez was traveling from Georgia when he was stopped by a Florida Highway Patrol trooper. Governor Ron DeSantis 's sweeping anti-immigration law, signed in 2023, makes it a state crime for an undocumented immigrant to enter the state without legal permission. That law was blocked two weeks ago, 'meaning that law enforcement cannot make arrests under its blocked provisions. Full stop,' Godshall said. 'U.S. citizens should not be detained by ICE, yet they are continuing to get swept up in these racially motivated raids and collateral arrests,' she said. Lopez-Gomez's first language is Tzotzil, a Mayan language, according to the Florida Phoenix. His mother burst into tears when she saw her son virtually at Thursday's court hearing, the outlet reported. 'I felt immense helplessness because I couldn't do anything, and I am desperate to get my son out of there,' she said. The Independent has requested comment from ICE. The arrest and ongoing detention of an American-born citizen follows President Donald Trump 's aggressive anti-immigration agenda that has deployed federal agents into communities across the country and summarily removed dozens of immigrants. Thursday's court hearing came as a federal appeals court in Washington, D.C. issued a blistering ruling that rejected the president's attempt to block a lower-court ruling instructing the administration to 'facilitate' the return of Kilmar Abrego Garcia, a wrongly deported Salvadoran father now imprisoned in a notorious jail in his home country. 'If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?' Appellate Judge J. Harvie Wilkinson wrote. 'And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?' A federal judge in Florida is considering whether to issue a preliminary injunction to further block Florida's law, which makes it a misdemeanor for undocumented immigrants over age 18 to 'knowingly' enter the state 'after entering the United States by eluding or avoiding examination or inspection by immigration officers.' 'The Trump administration's mass deportation agenda and Florida's anti-immigrant law can only be implemented by abandoning the fundamental principle of due process,' Godshall said. 'We are seeing this in real-time. And it is coming at the cost of lives and the rule of law.'
Yahoo
18-04-2025
- Politics
- Yahoo
U.S. citizen arrested in Florida under blocked immigration law. Here's what we know
A man arrested by Florida Highway Patrol on April 16 under Florida's new immigration law has been released to his family after spending over 30 hours in jail under a 48-hour hold requested by U.S. Immigration and Customs Enforcement. There were two problems with the arrest of Juan Carlos Lopez-Gomez. First, Lopez-Gomez, 20, is a U.S. citizen, born in Georgia. That was verified by a Leon County judge early Thursday, although she admitted she had no jurisdiction over his release. And a federal judge in early April temporarily blocked the state from enforcing that new immigration law, which created state crimes for undocumented immigrants entering or re-entering Florida, until at least April 18. The arrest came amid growing concern and legal scrutiny over President Donald Trump's crackdown on immigrants in the United States, particularly for mistakenly sending Kilmar Abrego Garcia of Maryland to a prison in El Salvador without due process and for resisting orders from a federal court and the Supreme Court to bring him back. Here's what to know. Yes. Lopez-Gomez was born in Cairo, Georgia, according to the birth certificate presented to Leon County Judge LaShawn Riggans. When he was a year old, he went to live in Mexico and stayed there until four years ago, his mother, Sebastiana Gomez-Perez, told the Florida Phoenix, first reported the story. His native language is Tzotzil, an Indigenous Maya language. Riggans verified his birth certificate after it was presented by Lopez-Gomez's community advocate. 'In looking at it, and feeling it, and holding it up to the light, the court can clearly see the watermark to show that this is indeed an authentic document,' Riggans said. She also noted his Social Security card and said she found no probable cause for his detainment. The state prosecutor argued that the court lacked jurisdiction because ICE formally asked local authorities to hold him for 48 hours. Lopez-Gomez was a passenger in a car with two other men, both with Guatemalan IDs. He was on his way from his home in Grady County to Tallahassee, where he is working in construction, Florida Phoenix reported. An FHP officer stopped them for going 78 mph in a 65 mph zone, according to the report. Lopez-Gomez provided his Georgia ID, but all three men were taken into custody. Lopez-Gomez was charged with illegally entering Florida as an "unauthorized alien." Unclear. The Florida Phoenix reported that ICE requested Lopez-Gomez be held in Georgia three days earlier when he was arrested and charged with driving under the influence, but he was released then after his family presented his birth certificate and Social Security card. In the arrest record, the trooper states that Lopez-Gomez said he was in the country illegally but handed over his ID. There is no mention of his Social Security card, although Lopez-Gomez said he presented both. An ICE official drove Lopez-Gomez to a Wendy's near the jail in Tallahassee to reunite with his mother, the Florida Phoenix reported. Afterward, they went to the parking lot of the jail to greet the protestors who had been demanding his release. Lopez-Gomez will have to return to the Leon County Courthouse on May 6. The law, approved by the Republican-controlled Legislature and Gov. Ron DeSantis in February, makes it a misdemeanor for undocumented immigrants aged 18 and older to knowingly enter Florida 'after entering the United States by eluding or avoiding examination or inspection by immigration officers.' The law also requires minimum nine-month prison terms for each violation — the federal Immigration and Nationality Act allows for a fine or probation — with longer sentences for subsequent convictions. Miami-based Judge Kathleen Williams granted a request for a temporary restraining order against the law Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs who said the law violates the Supremacy Clause of the U.S. Constitution by encroaching on federal responsibilities. This article originally appeared on Tallahassee Democrat: Immigration arrest in Florida detains American citizen later released
Express Tribune
18-04-2025
- Politics
- Express Tribune
Who is Juan Carlos Lopez-Gomez? US-born citizen detained by ICE
ICE agents conduct an arrest as part of Trump's wide-ranging immigration crackdown in Chicago, Illinois, January 26. via Immigration and Customs Enforcemen PHOTO:REUTER Listen to article Juan Carlos Lopez-Gomez is a 20-year-old US citizen, born in Grady County, Georgia, who has found himself at the center of a legal controversy after being wrongfully detained under Florida's immigration law. Despite holding a valid US birth certificate and Social Security card, Lopez-Gomez was arrested by a Florida Highway Patrol trooper during a traffic stop, where he was a passenger. He was charged with being an 'unauthorised alien' under a controversial new state law, despite clear evidence of his citizenship. The charge has since been dropped, but a 48-hour ICE detainer issued by Homeland Security Investigations in Tampa continues to keep him in Leon County Jail. Lopez-Gomez speaks Tzotzil, a Mayan language, and has limited English proficiency. He lived in Mexico from the age of one until four years ago, when he returned to Georgia. During his court hearing, Judge LaShawn Riggans verified the authenticity of his birth certificate, stating it bore a watermark confirming it was a legitimate document. However, she said the court could not release him due to ICE's detainer request. His mother, Sebastiana Gomez-Perez, broke down in court upon seeing her son appear virtually and expressed deep distress over being unable to help him. Community advocates have voiced concern that Lopez-Gomez is the victim of racial profiling and misuse of immigration laws against a US-born citizen. This is the second time Lopez-Gomez has faced legal trouble recently; he was previously detained in Georgia for a DUI but released when his citizenship was confirmed. His case draws attention to Florida's SB 4-C immigration law, currently blocked by a federal judge, and raises questions about its impact on US citizens with immigrant backgrounds.
Yahoo
18-04-2025
- Politics
- Yahoo
US citizen held by ICE despite judge seeing birth certificate
(The Hill) — An American citizen was held in a Florida jail at the request of the U.S. Immigration and Customs Enforcement (ICE) despite the county judge being able to see a U.S. birth certificate in court. Juan Carlos Lopez-Gomez, who was born in the United States, was detained Wednesday in Florida by the state's highway patrol and was charged with illegally entering the Sunshine State as an 'unauthorized alien' under a state law that has been temporarily blocked by a judge, the Florida Phoenix news outlet reported Thursday. Leon County Judge LaShawn Riggans said Thursday that despite the charge against Lopez-Gomez being dropped, she did not have the authority to release the 20-year-old because ICE asked Leon County Jail to hold Lopez-Gomez. The judge inspected Lopez-Gomez's birth certificate, which had been waived earlier in court by a supporter, saying 'In looking at it, and feeling it, and holding it up to the light, the court can clearly see the watermark to show that this is indeed an authentic document,' according to Florida Phoenix. Lopez-Gomez was heading from Georgia and was pulled over in Florida by a Highway Patrol trooper. Florida Gov. Ron DeSantis (R) signed a sweeping immigration law that made it a state crime for undocumented immigrants over the age of 18 to 'knowingly enter or attempt to enter' Florida by 'eluding or avoiding examination or inspection by immigration officers.' The Hill has reached out to ICE for comment. Gomez-Lopez was born in Georgia. His first language is Tzotzil, Florida Phoenix reported. His mother cried after seeing her son appear for a virtual hearing in court. 'I wanted to tell them, 'Where are you going to take him? He is from here,'' she told the outlet. 'I felt immense helplessness because I couldn't do anything, and I am desperate to get my son out of there.' Protests took place in front of the Leon County jail where the 20-year-old was held. He was released and reunited with his mother Thursday evening, Florida Phoenix reported. 'It's like this bureaucratic, dystopian nightmare of poorly written laws,' Thomas Kennedy, a spokesperson at the Florida Immigrant Coalition, who attended the Thursday hearing, told NBC News. 'We are living in a time when this man could get sent to El Salvador because, what, is he going to be treated like a stateless person?' American Civil Liberties Union Foundation of Florida legal fellow Amy Godshall told The Independent that Lopez-Gomez's detention was 'based on a patently false allegation that he entered the state while undocumented,' adding that 'all this despite his mother appearing in court with his Social Security card and his birth certificate showing his place of birth as the United States.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
