Leon County, FL — A 20-year-old U.S.-born man remains in custody in Florida after being arrested under the state’s newly enacted anti-immigration law, even as his U.S. citizenship has been verified in court.
Juan Carlos Lopez-Gomez, born in Grady County, Georgia, was taken into custody by a Florida Highway Patrol trooper following a traffic stop. Though the charge of “unauthorized alien” entry into Florida—a first-degree misdemeanor—was dropped after his documents were examined in court, Lopez-Gomez remains in jail under an immigration hold.
His mother, Sebastiana Gomez-Perez, broke down in tears after seeing her son during his first court appearance via video at the Leon County Courthouse. “I felt immense helplessness because I couldn’t do anything,” she told The Phoenix in Spanish. “I’m desperate to get my son out of there.”
A lieutenant at the Leon County Jail denied her request to see Lopez-Gomez, citing ongoing coordination with U.S. Immigration and Customs Enforcement (ICE).
During the court proceedings, community advocate Silvia Alba waved Lopez-Gomez’s U.S. birth certificate in front of the judge. Leon County Judge LaShawn Riggans personally inspected the certificate, confirming its authenticity by verifying the watermark.
“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,” Judge Riggans said, adding that she found no probable cause for the charge based on the birth certificate and Social Security card.
Despite the dismissal of the state charge, Lopez-Gomez continues to be held under a 48-hour ICE detainer issued Thursday by the Homeland Security Investigations Office in Tampa. The ICE officer listed on the detainer did not respond to a request for comment.
State prosecutors argued the court lacked the jurisdiction to release Lopez-Gomez due to the federal hold, prompting Judge Riggans to say, “This court does not have any jurisdiction other than what I’ve already done.”
The legal action stems from Senate Bill 4-C, signed into law by Governor Ron DeSantis on February 14, which criminalizes undocumented immigrants over the age of 18 entering Florida after having entered the U.S. unlawfully. The law was temporarily blocked by U.S. District Court Judge Kathleen Williams on April 4, casting further doubt on its current enforceability.
Lopez-Gomez speaks Tzotzil, a Mayan language, and took a long pause before deciding whether to seek a public defender or private attorney. His mother said he had lived in Mexico from the age of one until four years ago, when he returned to Georgia.
The traffic stop that led to his arrest occurred when the driver of the car he was in was pulled over for speeding—78 mph in a 65 mph zone. According to the arrest report, Lopez-Gomez handed over his Georgia state ID and allegedly told the trooper he was in the country illegally.
Two other men in the vehicle also faced charges under the same state law. The driver was additionally cited for driving without a license.
This was not Lopez-Gomez’s first brush with the law. He was arrested days earlier in Georgia for driving under the influence. ICE also issued a detainer in that case, but he was released after his family presented his birth certificate and Social Security card.
“This is exactly what we’ve been warning lawmakers would happen,” said Thomas Kennedy, a policy analyst with the Florida Immigrant Coalition, who was present at the courthouse to support the family. “It’s really sad to see a mother so distraught over her U.S. citizen son being detained. This appears to be a clear case of racial profiling.”
Gomez-Perez said she is now left trying to reassure her daughters, who are asking about their brother. “It hurts because I can’t do anything for him,” she said.
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