Mid-journey roadside detention by ICE leads to US resident's custody. Later, a Florida judge authenticates his American birth certificate.
A US-born individual's arrest and release in Florida sparks concerns over racial profiling and immigrants' rights
A 20-year-old American citizen has been released after spending a night in jail, following a 48-hour hold requested by US Immigration and Customs Enforcement under the Trump administration's broad deportation crackdown.
Juan Carlos Lopez-Gomez, of Cairo, Georgia, was arrested by the Florida Highway Patrol for speeding. Despite being a US citizen born in Grady County, Lopez-Gomez was charged as an "unauthorized alien" due to possible confusion surrounding language and customs paperwork filled out during his teenage years, according to his attorney Mutaqee Akbar.
The case sheds light on the concerns over racial profiling and immigrants' rights arising from the White House's aim to slow arrival at the border and remove undocumented immigrants – from children to suspected criminals.
"I believe it underscores the danger of the rhetoric," Akbar said of Lopez-Gomez's case. "We can be strong on immigration and protect our borders without racially profiling people, because that's what this is: racial profiling."
Lopez-Gomez, who is not fluent in English or Spanish, was arrested along with two men under a Florida law implemented in February and temporarily blocked on April 4 by a federal judge. During a hearing on April 29, the judge extended the restriction and ordered another hearing on the matter.
The law, championed by Florida's Republican leaders, seeks to discourage undocumented immigrants from entering the state, stating that those over 18 who knowingly enter or attempt to enter Florida after entering the US without examination by immigration officers will be penalized. The law was accused of violating a constitutional provision that makes immigration enforcement a federal responsibility.
Lopez-Gomez was released on April 28, according to Florida Immigrant Coalition spokesperson Thomas Kennedy. The Department of Homeland Security is investigating the incident.
"No US citizen should be a subject of a detainer, yet many US citizens have been the subject of ICE detainers, even prolonged detention and removal, despite their assertion of citizenship," stated the Immigrant Legal Resource Center, a non-profit advocating for immigrants since 1979.
This story, originally reported by CNN and Florida Phoenix, has been updated to provide additional information.
- The Trump administration's broad deportation policy has been criticized for racial profiling, as a US citizen, Juan Carlos Lopez-Gomez, was charged as an "unauthorized alien" despite being born in Grady County.
- The case of Juan Carlos Lopez-Gomez highlights the concern over immigrants' rights, particularly the risk of profiling and mistreatment under current policy-and-legislation and politics.
- The Florida law implemented in February, temporarily blocked by a federal judge, seeks to discourage undocumented immigration but has been accused of violating the constitutional provision that makes immigration enforcement a federal responsibility.
- ICE's detention of Lopez-Gomez underlines the potential danger of the rhetoric surrounding current policy-and-legislation and politics, as it can lead to the profiling of individuals, such as Lopez-Gomez, who are not fluent in English or Spanish.
- The Immigrant Legal Resource Center, an organization advocating for immigrants since 1979, has stated that no US citizen should be a subject of a detainer, yet many US citizens have reported prolonged detention and removal despite their assertion of citizenship.
