American citizen returned to ICE after providing US birth certificate

[struggle4progress]

The state of Florida illegally arrested a US-born citizen under a law that a judge had ruled cannot be enforced. The man was remanded to ICE custody, and a judge ruled that he had to remain in custody in spite of seeing his US birth certificate. No one in the country is safe at this point

[Irish_Dem]

1. So our US birth certificates mean nothing. And provide no protection from the Trump Gestapo.

[B.See]

5. Absolutely nothing.

Exactly how some (of us) have long warned it would be.

[Ms. Toad]

2. This is a misrepresentation of the law applied in this case, and the facts.

There are two distinct things going on. One, the judge has jurisdiction over. The other, the judge doesn't.

The judge had jurisdiction over the state law case under which he was arrested - and acted properly (with one possible exception). She determined there wasn't probable cause for the charges against him (both because he was born in the use, and because the law was subject to an injunction). What she may have done wrong (I can't find complete details) is require him to come back later - if the charges are dismissed (as reported in some articles), there should be no need for him to come back - so I'm just not sure what that is about.

But she didn't remand him to ICE custody. She kept him in jail (state custody) pursuant to an ICE hold. She doesn't have jurisdiction, especially in Florida, to release someone who is subject to an ICE detainer (federal law). Within those 48 hours, ICE was supposed to come and get him. (Incidentally, this is one of the places where the Federal Government complains about sanctuary cities not cooperating with ICE - and part of why Trump, et al, was willing to bargain away the charges against NYC mayor Eric Adams - for the purpose of getting NYC cooperation with ICE holds, and extensions thereof if the feds can't get there fast enough).

Fortunately, this case got enough publicity that he was released about 24 hours later. I hope that the Homeland Security team that ultimately reviewed him and released the hold also corrected whatever database erroneously has him as a non-citizen, especially since it has been reported that this is the second time this has happened to him.

I am NOT saying any of this is OK. But it isn't the judge who was in the wrong here. She did what she could within the jurisdiction that she had.

[AZJonnie]

3. Thank you! You are always a great resource here MT :)

[Meowmee]

4. One of the comments said he was released now thank goodness

[B.See]

6. Doesn't change the fact that

an American born citizen, even with birth certificate in hand, had to go through the terror and humiliation of being arrested, detained, and not knowing what his fate would be.