A man born in the United States who was initially charged as an “unauthorized alien” in Florida has been freed after spending the night in jail on a 48-hour hold requested by US Immigration and Customs Enforcement amidst the federal government’s intensified deportation efforts.
Juan Carlos Lopez-Gomez, 20, was apprehended by Florida Highway Patrol officers on Wednesday when the vehicle he was traveling in was stopped for a traffic violation, according to his lawyer, Mutaqee Akbar. The American citizen, born and residing in Grady County, Georgia, was en route to his construction job in Tallahassee, Florida, located approximately 45 minutes from his home.
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The new Florida law under which Lopez-Gomez was arrested – intended to deter undocumented immigrants from entering the state and promoted by its Republican leaders – has been temporarily blocked by a judge, according to news reports and a spokesperson for the immigrant rights coalition assisting Lopez-Gomez’s family.
The Georgia resident was released on Thursday evening, spokesperson Thomas Kennedy, who was present at the Leon County courthouse to support Lopez-Gomez’s family, informed a news outlet.
“He is free!! Thank you to everyone who shared, called, and did anything to help secure his release,” Kennedy, representing the Florida Immigrant Coalition, posted on social media platform X, accompanied by a photo of an emotional Lopez-Gomez surrounded by well-wishers.
The federal administration’s large-scale deportation campaign has generated significant fear as it aims to substantially decrease border arrivals and remove undocumented immigrants, ranging from children to individuals suspected of crimes. Judges across federal and state courts have been considering the legality of an increasing number of such cases, while President Donald Trump has also suggested sending certain US citizens to offshore detention facilities, a concept legal experts deem to have no legal foundation.
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Lopez-Gomez appeared virtually earlier on Thursday before Leon County Judge LaShawn Riggans, who was presented with a copy of his birth certificate brought by his mother, Sebastiana Perez.
“Upon examining it, feeling it, and holding it up to the light, the court can clearly see the watermark confirming that this is indeed an authentic document,” stated Riggans, according to the non-profit news outlet Florida Phoenix, whose reporter was present in court for the hearing and initially reported the story.
Court records indicate that Riggans found no probable cause for the charge of illegally entering Florida but stated that she lacked the jurisdiction to release Lopez-Gomez due to the ICE hold. Under an ICE hold, or immigration detainer, ICE requests that law enforcement agencies notify them “before releasing a removable alien” and to “hold the alien for up to 48 hours” to allow the Department of Homeland Security time to take the individual into custody.
A spokesperson for the Department of Homeland Security stated that the department is reviewing the incident. ICE, the Florida Highway Patrol, and the Leon County Sheriff’s Office did not immediately respond to the news outlet’s requests for comment.
Akbar reported that ICE detention officers informed Lopez-Gomez’s relatives that he would be released on Thursday evening.
Lopez-Gomez is seen after his release in this photo shared by Thomas Kennedy of the Florida Immigrant Coalition. @tomaskenn/X/
Florida’s SB 4-C imposes penalties on illegal immigrants over the age of 18 “who knowingly enter or attempt to enter this state after entering the United States by eluding or avoiding examination or inspection by immigration officers.”
The bill was signed into law by Republican Florida Governor Ron DeSantis in February and was temporarily blocked this month by Judge Kathleen Williams, as reported by the Tallahassee Democrat.
“It’s a series of horrors,” commented attorney Alana Greer, director and co-founder of the Community Justice Project, which represents the Florida Immigrant Coalition but not Lopez-Gomez. “No one should have been arrested under this law, let alone a US citizen.”
“The judge, the prosecutor, the sheriff, and the jail are essentially all throwing their hands up and saying, ‘ICE told us to hold him, so we’re going to keep holding him,’ even though everyone agrees that he’s a citizen. So, they are currently unlawfully detaining a US citizen,” Greer explained.
“They’ve dismissed the underlying criminal charges, so the only reason they are holding him is because ICE sent over a piece of paper that says, ‘Please hold this person for us. We’ll come pick him up later.’”
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