Juan Carlos Lopez-Gomez is an American citizen who was arrested during a traffic stop and detained at the request of U.S. Immigration and Customs Enforcement (ICE) because the arresting officer believed he entered the State of Florida as an undocumented non-citizen. He was detained for approximately 24 hours. He was born in Georgia, and the law under which he was detained had been temporarily blocked from enforcement by a federal judge.
On Wednesday, April 16, 2025, Lopez-Gomez, a US citizen born in Georgia, was traveling from Georgia to Florida for a construction job along with two other people. [1] [2] Their car was pulled over for a traffic stop by the Florida Highway Patrol for allegedly driving 13 mph over the speed limit in a 65 mph zone. He, along with the driver and an additional passenger, were arrested and each charged with allegedly entering Florida as an "unauthorized alien" under Florida law SB 4-C. [3] [4]
The arrest report states that Lopez-Gomez said he was in the country illegally. Lopez-Gomez "insists he told the trooper he was a U.S. citizen born in Georgia, handed over his Social Security card and Georgia ID." [5]
Both Lopez-Gomez's mother and his community advocate presented Lopez-Gomez's birth certificate to Leon County Judge LaShawn Riggans, who deemed the birth certificate to be authentic, but said that there was nothing she could do to let him out of jail, despite finding no probable cause to hold Lopez-Gomez. [3] [4]
Lopez Gomez was detained in the Leon County Jail until he was released on April 17. [1] [6] [3] The Florida Phoenix reported that the driver was being held by ICE. [2]
Alana Greer of the Community Justice Project — a Florida immigration advocacy group — described the experience as "A series of horrors," and said that "No one should have been arrested under this law, let alone a US citizen." [7]
Lopez-Gomez's attorney stated that this case is "a prime example of why everyone should care, because if it happens to Mr. Lopez-Gomez, a US-born citizen, it can happen to anyone." [7]
SB 4-C, which makes it a state crime for undocumented immigrants to knowingly enter the State of Florida, was passed in a special legislative session and signed into law February 13, 2025 by Florida Governor Ron DeSantis. [8] [9] A lawsuit was filed on April 2 over the constitutionality of the law, alleging that SB 4-C "violates the Supremacy Clause of the U.S. Constitution by encroaching on federal duties." [10] [11] Two days later, on April 4, United States District Court for the Southern District of Florida judge Kathleen Williams issued a temporary restraining order blocking enforcement of the law. Despite this, Lopez-Gomez and the two other men with whom he was in the car were arrested under the law on April 16.
On April 18, Florida Attorney General James Uthmeier sent a letter "telling law enforcement agencies, sheriffs, and police chiefs that they shouldn’t arrest anyone under SB 4C." [10] Five days later, on April 23, Uthmeier sent a second letter stating that Judge Williams' ban on enforcement of the law could not, in actuality, stop enforcement of the law and stated in part, "It is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida's new illegal entry and reentry laws." [11] [12]
Also on April 18, following news that more than 12 people had been arrested under SB 4-C including Lopez-Gomez and the two other men with whom he was in the car, Judge Williams extended the order prohibiting enforcement of the law an additional eleven days, until such time that a hearing could be held. [7] [2] [10]
During that hearing, which was held on April 29, Judge Williams questioned attorneys for Uthmeier about the letter he sent to state and local law enforcement agencies on April 23 that stated he could not stop the enforcement of SB 4-C. [11]
In response to Judge Williams' questioning, Uthmeier's attorneys suggested that because law enforcement agencies in the state were not named defendants in the suit, the letter Ulthmeier sent was acceptable, and that as such, the judge's order prohibiting enforcement of SB 4-C did not apply. [13] [14] Uthmeier's lawyers went on to argue that the order prohibiting enforcement also did not apply because Uthmeier had no authority to discipline law enforcement officers.
In response, Judge Williams stated "Color me surprised and shocked," and asked Uthmeier's attorneys if she needed "to put a ribbon on" the order blocking enforcement for them to agree the order is legitimate. [13] [15] She went on to say "What I am offended by is someone suggesting you don’t have to follow my order, that it’s not legitimate." [16]
Judge Williams released her order on April 29, the same day as the hearing, and in it mentioned the arrest of Lopez-Gomez in Leon County. She stated in the same order that she did not agree with Uthmeier's attorneys, finding no merit to their arguments that her order barring enforcement of SB 4-C did not apply to law enforcement for either of the reasons they argued. [17] [15] [16] As such, she issued a preliminary injunction on enforcement of SB 4-C. [16] [18] [11] [13]
Judge Williams also stated in the same order that the burden is on Uthmeier to prove that he should not face sanctions for sending his second letter that stated he could not stop law enforcement from enforcing SB 4-C, and that the sanctions would be discussed at the next hearing on the matter, to be held on May 29, 2025. [13] [17] [16]
Uthmeier appealed Judge Williams' preliminary injunction on enforcement of SB 4-C to the United States Court of Appeals for the Eleventh Circuit in Atlanta, on April 30, 2025. [10] He also asked that Judge Williams put the injunction on hold while the appeal at the Eleventh Circuit court is heard. [10]
On May 2, Ulthmeier said that he will still not instruct law enforcement in the state to stop enforcement of SB 4-C despite the federal injunction on enforcement of SB 4-C. [16] In doing so, he described enforcement of SB 4-C as part of the "constitutional duties" of law enforcement officers in the state. [19] He went on to say that he does not believe he should be held in contempt of court for sending the letter despite Judge Williams' order that he explain why he shouldn't be held in contempt of court, and characterized his actions as "respecting the rule of law." [19]
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