Illegal search and seizure of a U.S. citizen by ICE. This is exactly what we fought against in 1776, and now Trump and his Nazi administration are bringing it back to our country.
This man was born In Georgia and is an American citizen. A judge examined his birth certificate and determined that is is “undoubtably valid”, yet he is still being held in an ICE detention center in violation of his rights as a citizen, as guaranteed by the Constitution of the United States.
This is obvious racial profiling, not to mention that he was arrested and charged by a Florida State Police officer under a law which has been blocked by the courts since earlier this month.
This man is Hispanic. We have already seen instances of people being grabbed by ICE who were Muslim. How long before they start grabbing other minority groups like those of us who are transgender?
My spouse and I are actually flying to Florida in less than two weeks to spend time sailing, and we already have a longer trip planned for the fall in which we were planning to drive to Florida. She is starting to panic already.
How long will we as Americans put up with this shit?
https://www.nbcnews.com/news/latino/us-born-citizen-detained...
Comments
Are you talking about the alleged MS13 member
Were his parents here legally? Because if they weren't then according to the writings of the founding fathers the "native-born" status DOES NOT APPLY!!!!
...
Never mind
Well shit, I guess it really CAN happen here..,
.
Whether or not the parents were in the country legally……..
Has no bearing. The 14th Amendment, Section 1, to the Constitution states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Based on the first sentence of Section 1, in 1898, in the case of United States vs. Wong Kim, the Supreme Court held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship. The requirement that a person be subject to the jurisdiction thereof, however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws. In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents. Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States.
I think that this plainly states that the status of the parents has no bearing on the US citizenship of the child.
D. Eden
“Hier stehe ich; ich kann nicht anders. Gott helfe mir.”
Dum Vivimus, Vivamus
Already released
ICE didn't detain him.
He wasn't held in an ICE detention facility.
It wasn't racial profiling.
The law he was arrested under is temporarily barred, since early this month, but that isn't always communicated to the rank and file in a timely fashion.
Local authorities detained him for possible violation of Florida's state law, after the car he was riding in was pulled over for going 78 mph in a 65 mph zone. The driver had no license. This is probable cause. They weren't profiled.
According to one source, he stated that he was in the US illegally, despite handing over his ID to the state trooper. Possibly a miscommunication, but that's why he was personally arrested. Two others were arrested that were in the car and brought up on the same charges. Again, the driver had no license. It's not hard to imagine why they were all arrested based on that knowledge.
ICE requested for him to be held locally, until they could investigate, since he came up on state immigration charges, and admitted to crossing into the US illegally. He was born in Georgia, but living in Mexico, and could have come up here without going through a point of entry? Again, could've been a miscommunication on his part. Who knows...
However, his identification came to light and the situation was rectified. They plan to sue as well, so they'll probably get a nice payday out of the ordeal.
None of this would be happening at all if we had actual immigration laws/policy clearly defined and passed in the last decade(s). Instead, we blame the last guy, or the new guy, or the R Congress, or the D Congress, or some other entity for failing to simply get the job done. But both parties like to use it as a hot button political issue to endlessly fight over, so I doubt they'll jump on it any time soon.
I'd suggest having your ID on you if traveling to Florida. You never know.
~Taylor Ryan
My muse suffers from insomnia, and it keeps me up at night.
I always carry my ID……..
Including my passport, which clearly states that I am female. In 2016, while in North Carolina on business I was confronted for using the ladies restroom under North Carolina’s so-called bathroom bill - which has since been rescinded under economic and political pressure from multiple sources. Luckily, I was carrying my birth certificate on me, and even though I am transgender the law stipulated the gender on your birth certificate.
Also, the article did state that English is not his first language so it would be understandable for there to be some confusion.
Thank you for the update to the situation.
D. Eden
“Hier stehe ich; ich kann nicht anders. Gott helfe mir.”
Dum Vivimus, Vivamus
You are correct in that he was NOT held in an ICE facility……
However, he was illegally detained by Florida Law Enforcement at the request of ICE.
Lopez Gomez remained in custody after U.S. Immigration and Customs Enforcement requested that he remain there for 48 hours, a common practice when the agency wants to take custody of someone. The case drew widespread attention because ICE is not supposed to take custody of U.S. born citizens. While the immigration agency can occasionally get involved in cases of naturalized citizens who committed offenses such as lying on immigration forms, it has no authority over people born in the U.S. Adding to the confusion is that a federal judge had put a hold on enforcement of the Florida law against people who are in the country illegally entering the state, which meant it should not have been enforced.
As someone who has a son and two nephews in law enforcement, as well as a brother-in-law who is a County Sheriff, I can tell you that what happened here, the arrest and detention of a U.S. citizen, or even a person illegally in this country, when the law being “enforced” has been put on hold by a federal judge would result in disciplinary action for the officer involved, and potentially a law suit from the person illegally arrested and detained. Yes, there was confusion caused by language issues, and there may have been extenuating circumstances, but this still falls under the illegal search and seizure rules of the Constitution. It is obvious that the Florida State Police chose to ignore the ruling of a federal court; this was not some backwoods police agency involved, but rather a state police force which chose to illegally enforce a law. A law which is essentially no better than the old “sundown laws” which were once used in areas like this to suppress minorities.
I am not surprised that in Florida a law such as this was being enforced even when put on hold weeks prior to the incident by a federal judge. It is becoming more and more common for a certain part of our society, for those who agree with the actions of our President, to flaunt the rule of law - and to ignore the orders of our judicial system.
We cannot allow the continued abuse of the rights of our citizens to go unchecked, for certain states and groups, for the President of the United States (a man who swore an oath to uphold the Constitution of the United States), to choose how much of our Constitution they will abide by, and to pick which laws and legal rulings they will enforce - or ignore in this case.
D. Eden
“Hier stehe ich; ich kann nicht anders. Gott helfe mir.”
Dum Vivimus, Vivamus
uphold the Constitution
It's evident he's not even aware of what the constitution and the amendments say. How can we expect him to uphold it?
He's of the opinion that "birthright citizenship" is optional and that we are the only country in the whole world that has it.
Hugs
Patricia
Happiness is being all dressed up and HAVING some place to go.
Semper in femineo gerunt
Ich bin ein femininer Mann
To borrow from Forest Gump……
“Stupid is as stupid does.”
The Orange Asshole is obviously not the brightest bulb in the box, and probably has never even read the Constitution, but the true issue here is that the Republican majority in Congress is too spineless to stand up and stop him.
D. Eden
“Hier stehe ich; ich kann nicht anders. Gott helfe mir.”
Dum Vivimus, Vivamus
Been thinking about it
It seems to me that when person throws their hat in the ring for higher office, like President or Senator or House Representative, they ought to have to pass a civics test so that they can prove that they actually know what they are supposed to do, should they be elected. I mean judges have to have a law degree and pass the Bar exam. Why should the judicial branch be the only one to have a qualification standard?
No need to get crazy about; just something like a high school senior would need to pass there senior problems class.
Hugs
Patricia
Happiness is being all dressed up and HAVING some place to go.
Semper in femineo gerunt
Ich bin ein femininer Mann
Nobody seems to be safe from deportation
Or how about this report of a US-Born Attorney Receives Letter From Homeland Security Demanding That She 'Self Deport’?