US citizen wrongfully arrested by border patrol in Arizona held for nearly 10 days

Importance Score: 75 / 100 🔴

US Citizen Held by Immigration Authorities in Arizona for 10 Days

In Arizona, immigration authorities detained a US citizen for nearly ten days, according to court records and press accounts. The case has raised concerns about wrongful detention of US citizens amid ongoing debates about immigration enforcement.

Details of the Detention

Jose Hermosillo, a 19-year-old New Mexico resident, was apprehended by border patrol agents in Nogales, Arizona, a city situated along the Mexico border. Arizona Public Media (AZPM) initially reported the incident, noting Nogales is approximately an hour south of Tucson.

Accusations of Illegal Entry Dismissed

According to a border patrol criminal complaint, an agent encountered Hermosillo on April 8th and claimed he lacked “proper immigration documents.” The complaint further asserted that Hermosillo allegedly admitted to unlawfully entering the United States from Mexico. However, federal court documents indicate that Hermosillo maintained his US citizenship status two days later. On April 17th, a federal judge ultimately dismissed his case.

Context: Immigration Policies and Increased Enforcement

Hermosillo’s mistaken arrest and prolonged confinement occur amidst increased scrutiny and criticism of the current administration’s immigration policies. Since the change in administration, there has been a noted increase in immigration enforcement actions, including the detention and deportation of undocumented individuals, and instances of visa revocations and related incidents.

Legal and Political Reactions

Legal analyst Mark Joseph Stern commented on the case, stating, “Under the administration’s interpretation of the law, a US citizen could be sent to a foreign prison and the government could refuse to intervene,” highlighting concerns about due process.

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Administration’s Stance on Immigration

During the presidential campaign, promises of “mass deportations” were made. Since taking office, the administration has implemented stricter immigration measures, including the deputization of federal agents for immigration enforcement. The invocation of the Alien Enemies Act of 1798 to address gang members and justify immigrant expulsions has also drawn criticism.

Events Leading to Hermosillo’s Detention

Reports indicate Hermosillo was visiting the Tucson area from Albuquerque when he became lost and was subsequently taken into custody by border patrol agents near their Nogales headquarters. He was reportedly without identification at the time of his apprehension. His girlfriend’s family initiated numerous inquiries to locate him, eventually discovering his detention at the Florence Correctional Center, a privately operated Immigration and Customs Enforcement (ICE) facility. Court records show he was temporarily held in US Marshals custody following his arrest.

Family Intervention and Release

After locating Hermosillo, his family provided officials with his birth certificate and social security card as proof of citizenship.

Family Account of the Situation

According to Hermosillo’s girlfriend’s aunt, officials were initially dismissive of his claims of US citizenship. She stated to AZPM, “He did say he was a US citizen, but they didn’t believe him… He probably would have been deported already to Mexico” if they had not intervened with documentation.

Official Responses and Case Dismissal

ICE, Customs and Border Protection, the Department of Homeland Security, and Hermosillo’s attorney did not provide comments when requested.

Federal Magistrate Judge Maria S Aguilera formally dismissed the case on April 17th, and Hermosillo was released later that evening.

Broader Issue of Citizen Detentions

There has been an observed increase in instances of US citizens being detained by immigration authorities nationwide. However, the detention of citizens by immigration officials is not a new phenomenon and has occurred across different administrations. A 2021 Government Accountability Office report indicated that ICE arrested 674 US citizens and deported 70 between 2015 and 2020. NPR analysis from 2016 revealed 818 US citizens were held in immigration detention between 2007 and 2015.

Recent Immigration Enforcement Actions

In recent months, the administration has also revoked visas of numerous foreign students, some linked to participation in protests. Aditya Wahyu Harsono, an Indonesian student in Minnesota married to a US citizen, was recently arrested at his workplace after his visa was revoked.


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