The American citizen under Ice Hold in Florida is released

An American citizen born in the United States held at the request of immigration officials in Florida was released due to his mother and defenders that the anti-immigrant fervor of the state could lead to the same thing that happens to other Americans.

Juan Carlos Lopez-Gomez, 20, was held approximately 24 hours after his arrest on Wednesday by the Florida authorities under a state law on immigration that a judge temporarily blocked. Friday, the judge rejected a state request to raise the block on the law, according to Thomas Kennedy, spokesperson for Florida Immigration Coalition, a defense group. The law authorizes the authorities of Florida to arrest those who have entered the state and are suspected of having come illegally to the country.

Lopez-Gomez was in a vehicle with others who had traveled from Georgia and headed for a job in Florida.

I feel good by leaving this place, I felt bad in it. They did not give us anything to eat all day yesterday, said Lopez-Gomez in Spanish, according to Florida Phoenix, who first pointed out his arrest and release. Lopez-Gomez told the information site that he had said to the soldier who arrested him that he was an American citizen.

Kennedy told NBC News that he was with Lopez-Gomez's mother during a demonstration Thursday evening before Leon County prison where her son was detained when she received an appeal from American immigration and customs informing her that he was released. Rather than freeing him where she was, Ice asked her to meet them in a wendys nearby for the security of officers, he said.

I am happy for the family and recognizing that they are united, said Kennedy. This man was injured. There must be damage.

Lopez-Gomez’s mother told Florida Phoenix that she worries her other children, also American citizens, will now live in fear of expulsion.

Lopez-Gomez was born in Georgia and is therefore an American citizen. A county judge of Leon, in Florida, had determined that a birth certificate presented during a hearing on Thursday was authentic, but had declared that she had not competence beyond finding any probable cause of the accusation.

Lopez-Gomez continued to be held at a request to hold it from the ice.

The role of ICE is to enforce immigration laws which generally apply to non-citizens. American citizens are protected under the fourth amendment to the constitution of searches and seizures, arrest and unreasonable detention.

NBC News contacted the federal and state authorities to comment.

Mutaqee Akbar, a Tallahassee lawyer representing Lopez-Gomez, said that he spoke to him on Friday morning and that Lopez-Gomez was “fairly shaken” by arrest and detention.

Akbar said that Lopez-Gomez's arrest and hold “simply indicate the suragression with regard to this law”.

“I think it indicates that soldiers are not even ready to see the proof that was right in front of them. Mr. Lopez-Gomez had a social security card and he also had an identity document in Georgia and he presented them both and they were ignored,” he said.

Akbar said the criminal affair involving Lopez-Gomez's accusation entering Florida as an illegal foreign “is still open, so the next step is to have this rejected. Lopez-Gomez can also pursue a request for civil liability against the State for unjustified arrest, Akbar said.

The documents filed in court and provided to NBC News by AKBAR show that the Tampa internal security investigations office in Tampa sent to the Sheriff's office in Leon a detainee for Lopez-Gomez. The document stipulates that the request for detention is based on biometric evidence and declarations made by Lopez-Gomez.

The soldier who arranged the arrest declares in the documents that a passenger of the vehicle gave him an identity card in Georgia. Georgia does not allow undocumented immigrants to request identity cards.

Later in the document, the soldier said that Lopez-Gomez and another passenger said “yes” when asked if they were “here illegally” and those arrested did not have proof of legal residence for any state. The soldier said he confirmed with Ice that Lopez-Gomez had illegally entered Florida and the United States.

Kennedy blamed the dam of the application of immigration promulgated in Florida since Governor Ron Desantis was in office, in particular by obliging that local police are entering the 287 (G) agreements to help the federal authorities apply immigration laws.

Kennedy and others also believe that racial profiling was involved.

“Since Deantis has become governor, we have been adopted by an anti-immigrant law each year. … This creates a persecutive environment where the whole state becomes a modus operandi” show me your articles “and you have,” said Kennedy, “laws that contradict the constitutional rights of the Americans.”

“The judge made a judgment to refuse the constitutional rights of this citizen born in the United States (and) of the jurisdiction of ice on someone he should have no jurisdiction,” said Kennedy. “It's a problem.”

Suzanne Gamboa

Suzanne Gamboa is a national journalist from NBC News and NBC Latino.

Cristian Santana contributed.

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