ICE Refuses To Release US Citizen Detained Despite Showing Birth Certificate

U.S. Citizen Wrongfully Detained by ICE for ‘Illegally Entering Florida’

A US Citizen born in Georgia is being held in Leon County Jail after being arrested and detained by ICE, despite his mother presenting a valid birth certificate and social security card to a judge.

Juan Carlos Lopez-Gomez, 20, a resident of Grady County, Georgia, was arrested Wednesday after a traffic stop while on his way to work in Tallahassee, the Florida Pheonix reported. He was charged with illegally entering Florida as an "unauthorized alien" under a controversial state law that has previously been temporarily blocked by a federal judge.

Leon County Judge LaShawn Riggans examined his birth certificate and Social Security card, declaring the documents authentic and stating there was no probable cause for the misdemeanor charge.

"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.

However, because Lopez-Gomez is under ICE hold, he cannot be released even if the court found no probable cause for his arrest, an attorney for the state said.

"I wanted to tell them, 'Where are you going to take him? He is from here,'" his mother, Sebastiana Gomez-Perez, told reporters in Spanish. "I felt immense helplessness because I couldn't do anything, and I am desperate to get my son out of there," she continued while crying. "It hurts so much. I'm sorry, I can't."

The law, SB 4-C, makes it a misdemeanor for undocumented immigrants to enter Florida "after entering the United States by eluding or avoiding examination or inspection by immigration officers."

A US District Court Judge blocked its enforcement on April 4, calling Lopez-Gomez's detainment into question beyond the fact that he is a US citizen, not an undocumented immigrant.

Lopez-Gomez, who primarily speaks the Indigenous Mayan language Tzotzil, was visibly confused during his hearing. His mother said he had lived in Mexico from age 1 until four years ago, when he returned to Georgia.

"This is very likely a case of racial profiling against a US citizen who can't speak English," said Thomas Kennedy of the Florida Immigrant Coalition.

Lopez-Gomez must now wait up to 48 hours in custody for federal immigration agents to act. His next steps remain uncertain as his family and supporters call for his immediate release.

Originally published on Latin Times

Tags
Florida, Immigration, Ice, Jail