On Jun. 5, Rosa Patishtan-Gomez dropped her kids off with a babysitter, but could not make it to work or to pick up her two young children. She was pulled over and detained by a Florida Highway Patrol officer, who called Border Patrol Agents to arrest and detain Patishtan-Gomez, initially at the Pinellas County Jail, according to a Subject Charge Report obtained by San Pedro Gazette through the Pinellas County “Who’s In Jail” website.
When booked, the Pinellas County Sheriff’s Office added a note to her report saying: “HOLD ICE,” but did not detail the charges she was arrested for. The report also omits the name of the arresting agency, just listed as “N/A.”
“The arresting agency is listed as ‘N/A,’ which typically means it’s a federal agency,” a Pinellas County Sheriff’s Office spokesperson told San Pedro Gazette on June 23, via email when asked about Patishtan-Gomez’ report.
Regarding the charges, “individuals who are brought in by a federal agency on an ICE hold will not have an arrest affidavit.” An arrest affidavit is a sworn statement detailing the reason for detention and alleged charges, among other details. Pinellas County law enforcement is required to produce one upon arrest, according to a Sixth District Court administrative order.
Court records show Patishtan-Gomez was supposed to have a court hearing in Pompano Beach, Fla. on June 9, but according to her attorney, she was transferred to a Texas detention center the day before and therefore was unable to appear at her hearing. Since then, advocates of Patishtan-Gomez have been trying to reunite her with her family.
Patishtan-Gomez came to the United States to work
According to Daniela Carrion, a pro-bono lawyer representing Patishtan-Gomez, the Mexican indigenous woman is in the United States thanks to a seasonal agricultural visa program.Carrion told San Pedro Gazette her client was “exploited and coerced to do work for long hours, well over 120 hours a week, without any breaks and paid far below minimum wage without any overtime.”
A traffic arrest as a passenger
“She was a passenger traveling in a car that was pulled over,” said Carrion over a phone interview on Jun. 23. “As a passenger, at no point was she ever asked what her immigration status was. She was not asked whether she’s a US citizen or whether she had any lawful status. The only question that the officer asked her was whether she had a valid driver’s license.”Carrion explained that after being pulled over, Patishtan-Gomez and the other passengers, including her husband, were detained and unable to leave for hours, under the heat, until Border Patrol Agents arrived.
“Once CBP arrived at the scene, they were immediately taken in without being asked any questions… Once she was arrested and processed at the Pinellas County Jail, the only question that an officer asked her was what country she’s from.”
Carrion noted that since February 2025, the Florida Highway Patrol signed a 287(g) which allows them to conduct immigration detentions.
“Immigration enforcement activities conducted by participating [Law Enforcement Agency] personnel will be supervised and directed by ICE,” states the 287(g) agreement signed in February 2025 by Dave Kerner, the executive director of the FHP, according to a copy of the memo obtained by San Pedro Gazette. “Participating LEA personnel are not authorized to perform immigration officer functions except when working under the supervision or direction of ICE.”
Carrion noted, “for the detention to be legal, the officer must have a reasonable suspicion that a crime is being committed. Solely being in the U.S. and the color and looks of your skin, is not enough. Even if Immigration officers stop you, they must have a reasonable suspicion that the immigrant is here unlawfully.”
Unlawful?
“[Law enforcement] have to ask, ‘Do you have any valid documentation to be in the United States?’ Failure to make these questions violate her constitutional rights, which are afforded to her regardless of her immigration status,” Carrion stated, denouncing the arrest.Carrion argues that since officers failed to have any reasonable suspicion or ask any question which would allow them to detain Patishtan-Gomez, she was unlawfully arrested, which violates her Fourth Amendment rights, which protect against illegal search and seizures.
Florida to Texas
As of Jun. 19, Patishtan-Gomez was still being held at an Immigration Processing Center in Karnes County, Texas, managed by GEO Group. San Pedro Gazette learned this through a spokesperson from the detention center.Throughout multiple follow-up calls on June 30 and July 1, GEO Group changed its tune. First, they said they didn’t have the information, then they shared a wrong phone number, an automated voicemail, and another extension that went unanswered.
Subsequently, San Pedro Gazette used ICE’s Online Detainee Tracking System, which stated that Patishtan-Gomez is still in Texas. However, the tracker led to a broken hyperlink.
Before being moved to Texas, Patishtan-Gomez was held for days at the Pinellas County Jail, a facility that continues to be used to house immigrants for ICE. She was transferred without any criminal charges ever brought against her, according to Carrion.
“To have your client moved to a different state while she’s breastfeeding… is outrageous,” Carrion said.
The lawyer explained that during a bond hearing set on Jun. 23, bond was denied for the mother of two.
A PCSO public information officer declined multiple requests for comment when asked how many immigrants are being held in the county jail on ICE holds without criminal charges. On Jun. 30, PCSO encouraged the San Pedro Gazette to submit a Freedom of Information Act Request (FOIA) in order to garner this information.
Pregnant, postpartum, or nursing
According to a 2021 archived press release from ICE, the agency has an internal policy regarding the detention of lactating mothers called Directive 11032.4.“We will not detain individuals known to be pregnant, postpartum or nursing unless release is prohibited by law or exceptional circumstances exist. This reflects our commitment to treat all individuals with respect and dignity while still enforcing our nation’s laws,” said former Acting ICE Director Tae D. Johnson during the previous administration.
The 2021 press release was archived by ICE in February, 2025, according to records shown on the Wayback Machine, a tool provided by the Internet Archive. Nonetheless, the signed directive called “Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals” is still publicly available.
“At the bond hearing, we presented the facts that she’s mainly breastfeeding her 11-month-old,” Carrion said. “We presented a US citizen sponsor who attested that they would be driving her to and from court, and provide any necessary aid.”
Instead, the court ruled Patishtan-Gomez was at flight risk, arguing that she did not have work authorization, did not have a valid driver’s license, and she had not sought an immigration application to remain in the U.S, Carrion noted.
Carrion argued in court that she would file a Motion to Suppress the stop and all evidence gathered after her unlawful detainment, as well as all relief available to victims of labor trafficking.
“We presented evidence that she would be eligible, potentially for a T visa… she may have been a victim of labor trafficking,” Carrion said.
To qualify for T nonimmigration status, and thus apply for a T visa, one must show they “are or were a victim of a severe form of trafficking,” which Carrion believes is true for Patishtan-Gomez.
Protesting Patishtan-Gomez arrest
San Pedro Gazette learned about Patishtan-Gomez while reporting on a peaceful 50501 demonstration outside Pinellas County Jail in Clearwater.Over a hundred Tampa Bay Residents and members of organizations such as the Tampa Bay Immigration Solidarity Network, local chapters of the Democratic Socialists of America, and the Tampa Bay Party for Socialism and Liberation congregated on Jun. 14, around 4:30 p.m. to speak up against ICE operations and denounce the Patishtan-Gomez case.
Backed by other activists, Ruth Beltran, a community organizer with Tampa Bay Immigration Solidarity Network and the Tampa Bay Party for Socialism and Liberation, shared the details she knew of the case.
“The agency has only created more obstacles for Rosa… ICE is also putting pressure on her to sign self-deporting paperwork,” Beltran said, claiming the federal agency is threatening to deport Patishtan-Gomez without her family. However, San Pedro Gazette was unable to confirm this information independently.
“Activists have said she is a lactating mother, and that ICE does not separate lactating mothers from their children, yet in this case, that seems to be happening. Can you please provide a comment on this?” San Pedro Gazette asked an ICE spokesperson via email, to no avail.
As of Jun. 24, San Pedro Gazette was unable to locate the whereabouts of the family of Patishtan-Gomez or confirm their well-being.
‘Strictly Housing’
On May 1, ICE published a press release titled “Largest joint immigration operation in Florida history leads to 1,120 criminal alien arrests during weeklong operation.” In it, Pinellas County was mentioned.“In addition, the following sheriff’s offices also provided significant assistance to ICE during the operation… Alachua County… Baker County… Pinellas County…”
San Pedro Gazette reached out to clarify the level of involvement by Pinellas County.
“We did not take part in that enforcement,” a spokesperson from PCSO told San Pedro Gazette during a Jun. 11 phone call. “We are strictly housing [detained persons]… You won’t find any Pinellas County Sheriff’s deputies doing those raids.”
HOLD (for) ICE
Local authorities do collaborate with ICE through the “HOLD ICE” notice in arrest reports.To better understand how an arrest can lead to the “HOLD ICE” notice, San Pedro Gazette sat down with Chief Anthony Holloway from the St. Petersburg Police Department.
The chief explained that in St. Pete, if someone is arrested for breaking a law, they are booked for that charge. And, if there’s a warrant from ICE, the municipal police department notifies the federal agency, holds the detainee for one hour (in St. Pete’s case), and if ICE doesn’t show up, releases the person.
“What our job is, once we see that warrant, we have to satisfy that warrant, so to speak,” Holloway said, clarifying that each municipality in Pinellas County has its own internal policies on this matter.
When asked who includes the “HOLD ICE” note on the Pinellas County Sheriff’s Office Subject Charge Report, SPPD noted that Pinellas County computer systems in place include that notice as soon as someone is booked.
Chief Holloway said that St. Pete is part of the 287(g), just like the FHP. Moreover, Chief Holloway clarified that SPPD is not partnering for rides with ICE.
The 287(g) agreement between ICE and Pinellas County
Pinellas County also has its 287(g) agreement, signed by Bob Gualtieri, the county-wide elected official in charge of the Pinellas County Sheriff’s Office. The agreement was extended on Feb. 22, 2025, according to a list of participating agencies published by ICE, and a copy of the agreement reviewed by San Pedro Gazette.According to ICE’s website, Section 287(g) of the Immigration and Nationality Act, enacted in 1952, allows the federal agency to grant some immigration enforcement powers to local law enforcement.
Under the agreement, agents who participate can question individuals about their immigration status, arrest suspected undocumented immigrants without a warrant, and hold them for ICE. They are also authorized to serve immigration warrants, gather evidence, and complete processing tasks such as fingerprinting, photographing, and interviewing.
ICE provides training and approvals to selected local agents, according to the agreement. Pinellas County chooses the agents nominated for approval from ICE, and will cover costs of local agents participation, “including salaries and benefits, local transportation, and official issue material.”
San Pedro Gazette learned that while there is a county-level agreement, each municipality has its own internal policies regarding its partnership with ICE. Municipalities like St. Petersburg, Tarpon Springs, Treasure Island, and others have their own 287(g) agreement.
ICE documents show that 289 Florida agencies at the state, county, and municipal levels signed the agreement.
Authorities refrain from commenting
ICE did not respond to multiple requests for comment regarding the Patishtan-Gomez case.San Pedro Gazette requested information on costs and revenue associated with housing immigrants, as well as details about the conditions in which they are held, and how their presence, if detained in the local jail, would impact other inmates. PCSO did not provide this information.
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This article appears in Jul 3-9, 2025.