ICE is holding a US citizen despite hu literally having his birth certificate

[moonshinegnomie]

Juan Carlos Lopez Gomez will remain in jail for 48 hours under an ICE hold, according to the Florida Phoenix. His mother and a community advocate presented his birth certificate and Social Security card during a hearing in Leon County, but the judge said that she had no authority to release him due to the court’s jurisdiction


https://newrepublic.com/post/194119/ice-detains-us-born-citizen-despite-birth-certificate

[maxsolomon]

1. I don't get why a court that had no jurisdiction would hold a hearing.

Weird.

[Ms. Toad]

2. It's a little complicated.

He was arrested for crossing the border into Florida as an undocumented alien. That is a state crime (although it is being challenged as unconstitutional). The court has jurisdiction over the state crime.

Separately (although not really), because the crime/person popped up on the ICE radar, they put a 48 hour hold on him. This is what people are talking about when they get mad because states aren't cooperating with ICE, or they don't want people to cooperate. ICE can request a state entity hold an individual for up to 48 hours after they are otherwise eligible to be released, to give ICE time to come pick them up. Florida is cooperating with these holds - so the court can't release him because there is a hold on him.

[maxsolomon]

3. OK, that makes sense.

Hoping sanity prevails for this kid.

[Ms. Toad]

4. It's apparently the second time it has happened to him

Since Florida passed the law that made crossing into Florida as an undocumented immigrant a crime. (The law is, theoretically, on hold - but it apparently it isn't stopping people from arresting him.)

ICE needs to get him out of their database, or it will keep happening. In the mean time, he needs to carry his birth certificate (or passport if he has one) with him.

[LisaL]

9. I don't understand how he can be arrested for entering Florida as an undocumented alien if he is a citizen.

NT

[Cirsium]

19. Brace yourself

This is just the beginning.

[Ms. Toad]

23. Because the ICE database has him as an undocumented alien -

and Florida passed a law that entering Florida as an undocumented immigrant is against Florida law. (That law is being challenged, because immigration is exclusively under the jurisdiction of the Federal Government.)

The judge, properly, found no probable cause to believe had violated state law - because of the evidence that he is a citizen.

But that doesn't fix the record in the Federal database identifying him as an undocumented immigrant, or remove the ICE hold against releasing him - since the hold is officially unrelated to the state charge. It kicks in whenever someone on ICE's radar is in custody so that they have time to arrive and scoop them up.

[Cirsium]

20. That database needs to be deleted

"In the mean time, he needs to carry his birth certificate (or passport if he has one) with him."

Great! That solves it!

So long as we can prove we are existing legally - the terms on which are subject to change at any time - they won't bother us! "Obey or else" is another way to put that.

I am old enough to remember when the phrase "papers, please!" meant something to people.

[moonshinegnomie]

5. the law he was arrested for was invalidated as unconstitutional

[Cirsium]

18. Yes

I would hope so.

[Ms. Toad]

27. Not yet.

Florida is temporarily prohibited from enforcing it, but the challenge isn't even at the level yet where an injunction has been issued - let alone a substantive decision on the law.

(Another reason the state case should have been dismissed - but, again, the ICE detainer is a separate Federal legal matter. Regardless of the basis of custody, the custodians can't release him for 48 hours, unless they want to incur the wrath of the Federal government, and you know that Florida won't risk that.)

[Figarosmom]

13. So how was he an

Undocumented alien crossing into Florida if he has a birth certificate and social security card?

Those sound like documents to me.

[Ms. Toad]

26. And the court agreed, which is why the state charges were dropped as lacking probable cause

once those documents were presented at what I believe was a preliminary hearing.

He is being held under an ICE detainer - which is a separate (Federal) legal matter.

Some cities/counties/states have refused to cooperate with the ICE detainers - but Florida is not one of those.

[Cirsium]

17. According to ICE

An immigration detainer is a request from ICE that asks a federal, state or local law enforcement agency — including jails, prisons or other confinement facilities — to:

Notify the requesting agency as early as possible before they release a removable alien.

Hold the alien for up to 48 hours beyond the time they would ordinarily release them so DHS has time to assume custody in accordance with federal immigration law.

https://www.ice.gov/immigration-detainers

Sickening.

[Ms. Toad]

25. I agree it is sickening -

But being sickening doesn't change the reality that because immigration is a federal matter, it is the federal government that has to release a mistakenly issued detainer.

[bluestarone]

6. These are the words THIS Supreme court needs to say

Release these people NOW! Nothing that can be interpreted any other FN way!

[IrishBubbaLiberal]

7. US Citizen 'Held in jail for 48 HOURS' b/c WHY! UNCONSTITUTIONAL

The Florida court was shown his US birth certificate and his Social Security card.

The 48 hour hold is so ICE can come get him IF they find him a non citizen.
WTF?

The judge bizarrely ruled state law can hold him for 48 hours. Completely ignoring that he is a US citizen

Completely IGNORING THAT HE IS A US CITIZEN

THIS IS NAZI SHIT!,

Charges against a US CITIZEN as if he was an undocumented immigrants
EVEN THOUGH HE SHOWED COURT BIRTH CERTIFICATE AND SOCIAL SECURITY

ITS A GOD DAMN UNCONSTITUTIONAL 48 HOUR HOLD

[Ms. Toad]

28. No. She dismissed the state law charges, as she should have for a number of reasons.

And while I think ICE detainers are abusive - most states (and especially Florida) honor the FEDERAL orders. He is not being held under state law - he is being held under Federal law.

[IrishBubbaLiberal]

32. He has been now released

https://www.democraticunderground.com/10143442857

[Ms. Toad]

33. Excellent!

It's amazing what a little bad PR will do.

Unfortunately, only a few will be able to get that kind of PR - not that it should be needed in the first place.

(I was out for the last several hours - and am just getting back to the thread where there were several responses to my earlier comments - I haven't had a general chance to scroll through all that happened in what - these days - is an eternity.)

[IrishBubbaLiberal]

8. My rant!!

GOD DAMNED ASSHOLE FLORIDA JUDGE
THINKS ITS OK FOR BROWN PEOPLE THAT ARE US CITIZENS TO BE HELD FOR 48 HOURS,

SO TRUMP’S BROWNSHIRTS GESTAPO CAN SEE IGF THEY WANT TO KEEP HIM !!

EVEN THOUGH HE HAS PROVEN TO THE COURT HE IS A US CITIZEN


A US CITIZEN!!

AND STILL THIS RACIST SOB FLORIDA JUDGE LETS HIM ROT IN JAIL FOR 48 HOURS

GOD DAMNED RACIST FLORIDA

[moonshinegnomie]

10. as far as im concerned

everyone involved with locking him up should be arrested for kidnapping. from the judge on down to the cops. lock them up an the worst prison they can find. If the guy is in jail for 2 days then lock them up for 2 months...

[LS0999]

11. Your citizenship won't protect you.

They are setting it up for a purge. I hate this regime with a passion.

[SunSeeker]

12. K & R for exposure

[Joinfortmill]

14. It's begun. Stay aware.

[Hekate]

15. KnR

[Figarosmom]

16. I think if ICE doesnt deport him before he is released

He should go to another state that isn't so much a threat.

[Happy Hoosier]

21. I wonder if this is an attack on "birthright" citizenship?

Given his name, they may think there’s a good chance his parents weren’t citizens. Could be an attack on the 14th A

[Ms. Toad]

31. I doubt it, since his mother showed up in court with his documents.

I would be surprised if she would risk doing that if she wasn't here legally.

[Happy Hoosier]

35. Didn't say she was here illegally...

Trump is trying to push that you parent(s) have to be naturalized before you get birthright citizenship. If they were here legally, but not citizens, then under Trump's model, he would not be a citizen. He has his 14A case before SCOTUS soon... if he wins, he could try to revoke citizenship froma LOT of people. THis guy might be a high profile test case.

[David__77]

37. The crazy thing is: how far back would that revocation go?

I think millions more than widely imagine have fully “illegal immigrant” roots.

[dalton99a]

22. .

https://www.nbcnews.com/news/latino/us-born-citizen-detained-ice-immigration-florida-rcna201800

[Jit423]

24. Time for some ICE officials to RESIST or be jailed with the rest of the regime when Trump is out of office. nt

[usonian]

30. The worst will be pardoned.

[Happy Hoosier]

36. ICE is mostly Trumper trash.

If we ever take power again, ICE has to be entirely reformed, and there must be consequences for this behavior.

[J_William_Ryan]

29. "I don't understand how he can be arrested for entering Florida as an undocumented alien if he is a citizen."

Juan Carlos Lopez Gomez

That’s how.

Trump’s immigration agenda is motivated by racism, bigotry, and hate.

[tulipsandroses]

34. How many " mistakes" have been made?

This is just nuts.