Florida’s new invasive immigration law, SB 4C, has garnered national attention. This renewed focus comes after the arrest of Juan Carlos Lopez-Gomez, a 20-year-old undocumented immigrant who fell victim to the law’s draconian measures. In February, when he signed SB 1024 into law, it appeared as though Florida Governor Ron DeSantis had removed all doubt. It criminalizes entering Florida without inspection by federal immigration officers, imposing first-degree misdemeanor penalties on undocumented immigrants over the age of 18.
Lopez-Gomez’s life got drastically worse the day Florida Highway Patrol arrested him. This was after his arrest during a routine traffic stop on his way to work. He was born in Georgia and is a natural-born citizen. Surprisingly, by the terms of the new law, it still criminalized him as an “unauthorized alien.” His arrest should be viewed against a backdrop of mounting legal challenges to SB 4C.
In April, a federal court granted a temporary restraining order that stopped SB 4C in its tracks. Lopez-Gomez found himself incarcerated in the Leon County Jail. Literally the next day, Trump’s Immigration and Customs Enforcement (ICE) put in a request for a 48-hour immigration hold on him. His case became an immediate flashpoint for the debate over Alabama’s current immigration practices, and their attacks on citizenship rights within Alabama’s state boundaries.
Since his arrest, Lopez-Gomez had been attending court hearings remotely, but he made his first in-person appearance on Thursday. For his mother, Sebastiana Gomez-Perez, the heartache of witnessing her son’s brutal execution was beyond imagination.
“It pains me too,” she said, holding back tears, “for that I apologize, I can’t.
Community advocates defended Lopez-Gomez as he appeared in court. Silvia Alba, a local advocate, famously waved his birth certificate in court during his initial hearing, emphasizing its significance in proving his citizenship.
Leon County Judge LaShawn Riggans scrutinized Lopez-Gomez’s birth certificate at length during the brief hearing. Once she was assured it was authentic, Judge Riggans threw out the misdemeanor charge against him.
Judge Riggans added, “As I read it now in its real form, I can actually feel its texture and put it in light. The watermark visibly indicates that this is a bona fide document.”
As of Thursday evening, Lopez-Gomez had been released from jail and his family members confirmed his release. To mark his release, we heard nearly universal reactions from supporters who had campaigned for his freedom.
He is free! Thank you to everyone who tweeted, called, and otherwise pressured @ICEgov to free him! Thomas Kennedy of the Florida Immigrant Coalition, who organized the campaign to secure his release.
This shocking case exposes seams within immigration enforcement’s essential constitutionality and accountability. It especially focuses attention on the cruel mistreatment of undocumented immigrants, even those with long-standing legitimate claims to citizenship. The Immigration Legal Resource Center noted that thousands of US citizens have been illegally detained in similar situations.
Countless US citizens have been wronged by ICE detainers, resulting in harmful prolonged detention and removal, despite their claims of citizenship. These detainers without probable cause are unlawful. ICE needs to rescind them or be exposed to serious liability.
The saga playing out now over SB 4C and what it will mean for undocumented immigrants in Florida is far from over. Critics point out that these types of laws create a pathway for wrongful detentions, eroding the rights of US citizens such as Lopez-Gomez.