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Demovictory9

(35,448 posts)
Thu Apr 17, 2025, 04:17 PM Apr 17

US born man held by ICE under new Florida laws. Judge has no power to free him

Last edited Thu Apr 17, 2025, 06:43 PM - Edit history (1)

https://floridaphoenix.com/2025/04/17/u-s-born-man-held-for-ice-under-floridas-new-anti-immigration-law/

U.S.-born man held for ICE under Florida’s new anti-immigration law
Leon judge says she was obliged to ignore his documented proof.



Juan Carlos Lopez-Gomez, a 20-year-old U.S. citizen, was being held in the Leon County Jail Thursday, charged with illegally entering Florida as an “unauthorized alien” — even as a supporter waved his U.S. birth certificate in court.

The man, who was arrested Wednesday after a traffic stop in which he was a passenger on his way to his job in Tallahassee, is set to remain in jail for the next 48 hours, waiting for federal immigration officials to pick him up, even though Leon County authorities dropped his first-degree misdemeanor charge.

His mother, Sebastiana Gomez-Perez, burst into tears at the sight of her son, who appeared virtually for his first hearing at the Leon County Courthouse. She left the courtroom distraught because she could do nothing to help her son, who was born and lives in Grady County, Georgia.

“I wanted to tell them, ‘Where are you going to take him? He is from here,'” his mother told the Phoenix in Spanish moments after exiting the courtroom. “I felt immense helplessness because I couldn’t do anything, and I am desperate to get my son out of there.”

She continued through tears: “It hurts so much. I’m sorry, I can’t.”

Leon County Judge LaShawn Riggans held Lopez-Gomez’s birth certificate up to the light after community advocate Silvia Alba silently waved the document in the courtroom.
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underpants

(190,081 posts)
2. Looking for a watermark
Thu Apr 17, 2025, 04:23 PM
Apr 17

“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.

Bayard

(24,784 posts)
3. I don't understand why, "she was obliged to ignore his documented proof"
Thu Apr 17, 2025, 04:25 PM
Apr 17

She determined that his birth certificate was genuine.

Ms. Toad

(36,702 posts)
6. She wasn't - that is a misleading sub-title.
Thu Apr 17, 2025, 05:13 PM
Apr 17

She found no probable cause for the matter over which she had jurisdiciton.

The issue is that, separately, ICE has issued a 48 hour hold so that when any person they want to disappear comes into state possession, the state is obliged to hold him for up to 48 hours (possibly longer).

This is the issue that Trump bargained away Eric Adams' criminal case for - cooperation with ICE on removing immigrants. While Florida was always cooperated, not every state/city has. For example, NYC has not always cooperated with ICE holds, so people have escaped ICE by being released before ICE could get there. But Eric Adams was willing to bargain his criminal charges away to enforce the holds.

LS0999

(158 posts)
9. It ends when millions of people march on DC, drag Trump and Elon out and hang their fascist asses
Thu Apr 17, 2025, 06:21 PM
Apr 17

Everyday it seems to get worse and worse.

allegorical oracle

(4,692 posts)
7. How did ICE get involved in a Leon County traffic arrest? Do local law officials have to
Thu Apr 17, 2025, 05:43 PM
Apr 17

summon ICE? Merely because he's Hispanic? He was an employed U.S. citizen.

Crunchy Frog

(27,539 posts)
10. So it's illegal for US citizens to enter the state of Florida.
Thu Apr 17, 2025, 06:22 PM
Apr 17

I hope that all of us will keep that in mind when planning vacations or trips.

At this point I would consider it high risk to take my sons to Disney World.

Solly Mack

(94,843 posts)
11. How can a native-born citizen be undocumented? He was born in Georgia. He has a birth certificate.
Thu Apr 17, 2025, 06:38 PM
Apr 17

He's documented. He's a citizen of the United States because he was born in the United States.

This is bullshit.

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