How Florida’s ‘Unauthorized Alien’ Law Led to Detention of U.S.-Born Citizen

Juan Carlos Lopez-Gomez

A 20-year-old U.S.-born citizen was jailed for 24 hours under Florida’s controversial immigration law, despite presenting multiple forms of identification proving his citizenship — a detention experts say underscores serious legal, constitutional, and racial profiling concerns.

Juan Carlos Lopez-Gomez, born in Georgia and a native-born American citizen, was arrested earlier this week under Florida’s Senate Bill 4-C — a law currently blocked from enforcement by a federal court order.

Lopez-Gomez was pulled over by a Florida Highway Patrol officer for speeding while traveling from Georgia to Florida for a job opportunity. Despite presenting a valid Georgia state ID and a copy of his Social Security card, he was arrested and charged with “entering Florida as an unauthorized alien.”

The incident, first reported by Florida Phoenix, has drawn sharp criticism from legal advocates and immigration attorneys nationwide. Particularly troubling to critics is the fact that Lopez-Gomez’s arrest and detention occurred even after Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida issued a temporary injunction against enforcement of the law earlier this month.

Arrest Ignored Key Evidence of Citizenship

Juan Carlos Lopez-Gomez

According to reports, Lopez-Gomez, who does not speak English fluently and whose primary language is Tzotzil (a Mayan indigenous language), attempted to explain his citizenship status to the arresting trooper, but was ignored. The trooper noted the Georgia ID in his arrest report, but made no mention of the Social Security card Lopez-Gomez had also provided.

Legal experts point out that Georgia does not issue state IDs to undocumented immigrants, meaning that Lopez-Gomez’s possession of one should have indicated lawful status.

Additionally, federal and state databases would have corroborated his citizenship upon a routine background check.

Judicial Confusion Amid Blocked Law

Lopez-Gomez’s case was reviewed by Leon County Judge LaShawn Riggans, who found no probable cause for the charges after verifying his Social Security card and birth certificate. However, Riggans ruled that she lacked jurisdiction to release Lopez-Gomez — a decision that has sparked intense criticism.

“This is a judgment call to deny the constitutional rights of this U.S.-born citizen and give ICE jurisdiction over someone they should have no jurisdiction over,” said Thomas Kennedy of the Florida Immigration Coalition.

Lopez-Gomez was ultimately released on Thursday evening but is scheduled to reappear in court on May 6.

Constitutional Violations and Federal Preemption

The incident has intensified scrutiny of Senate Bill 4-C, a DeSantis-backed measure that criminalizes the reentry of “unauthorized aliens” into Florida.

Legal scholars argue that the law violates the Supremacy Clause of the U.S. Constitution and interferes with exclusive federal authority over immigration enforcement.

The law had already been temporarily blocked by Judge Williams, who agreed with plaintiffs that the statute infringes upon the federal government’s plenary power over immigration and violated the Dormant Commerce Clause by unduly burdening interstate movement.

Lopez-Gomez’s arrest, made despite this restraining order, is now being viewed as part of a broader pattern of state-level defiance of federal court rulings, raising red flags among civil rights organizations and legal analysts.

Broader Implications and Allegations of Racial Profiling

Civil liberties advocates warn that this case may not be isolated. Lopez-Gomez’s limited English proficiency and indigenous background have fueled concerns of racial profiling in immigration enforcement under Florida’s law. Critics note that Lopez-Gomez’s experience may reflect a troubling trend in Republican-led states targeting non-white and non-English speaking individuals, regardless of citizenship status.

While this is not the first incident of a U.S. citizen being mistakenly detained under immigration enforcement protocols, Lopez-Gomez is the first known case involving a U.S.-born citizen charged under a state-level immigration law.

“This case demonstrates the profound dangers of empowering state officers to enforce immigration laws — especially laws currently enjoined by federal courts,” said one immigration attorney, calling the arrest “a due process catastrophe.”

What’s Next?

Legal experts say this case could prompt further litigation challenging Florida’s immigration law and its enforcement. There are also calls for federal review into whether Florida officials have willfully violated a federal court order.

As Lopez-Gomez prepares to return to court in May, advocates say the stakes go far beyond one man’s freedom — potentially testing the limits of state power, federal supremacy, and the constitutional rights of all Americans.