Jose HermosilloPopular Information, courtesy of Jose Hemosillo
This story was originally published by Popular Information, a substack publication to which you can subscribe here.
On April 8, Jose Hermosillo, a 19-year-old U.S. citizen, was wrongfully incarcerated by immigration authorities in Arizona, who claimed he was an undocumented immigrant. He was held for 10 days at Florence Correctional Center, a privately run immigration detention facility, before being released on April 17.
These facts are not disputed.
On X, the Department of Homeland Security said, “Hermosillo’s arrest and detention were a direct result of his own actions and statements.” According to DHS, “Jose Hermosillo approached Border Patrol in Tucson Arizona stating he had ILLEGALLY entered the U.S. and identified himself as a Mexican citizen.”
DHS also released what purports to be a transcript of Hermosillo’s conversation with a Border Patrol agent signed “JOSE.” In the transcript, Hermosillo allegedly said he was born in Mexico, was a citizen of Mexico, and entered the United States illegally.
Hermosillo says he tried to tell staff at Florence Correctional Center he was a US citizen, but “they say, tell your lawyer.”
In an interview with Popular Information, Hermosillo said DHS’s account was false.
According to Hermosillo, he was visiting his girlfriend’s family in Tucson from his home in Albuquerque, New Mexico. Several hours before his arrest, Hermosillo was transported to a hospital in Tucson by ambulance after suffering from a seizure. He has a New Mexico state ID, but did not take it with him during the medical emergency.
After being released from the hospital following treatment, Hermosillo did not know how to return to where he was staying. He approached the Border Patrol officer because he was looking for someone to help him. “I saw a car, and I ask[ed] him for help,” Hermosillo said. He told the officer that he was staying in Tucson.
“You’re not from here. Do you have your papers?” the officer said, according to Hermosillo. When the officer asked where he was from, Hermosillo said he told the officer, “New Mexico.” The officer then accused Hermosillo of lying. “Don’t make me [out] like [I’m] stupid,” the officer said. “I know you’re from Mexico.” After that, Hermosillo said, he was arrested.
Hermosillo said that he never told the officer that he was born in Mexico, was a citizen of Mexico, or entered the country illegally—and he would not have said those things because they are not true. He signed the transcript released by DHS because the officer ordered him to “sign everything.” But Hermosillo did not read it, because he cannot read.
According to Hermosillo’s girlfriend, Grace Hernandez, Hermosillo has learning disabilities and can only write his name. Hermosillo said he did not graduate from high school and dropped out after the 10th grade.
The officer also signed the document, which said Hermosillo “read” the document or had it read to him. But Hermosillo said no one read him the document.
Other documents created by the officer have inaccuracies. For example, the criminal complaint says that Hermosillo was detained “at or near Nogales, Arizona.” But Hermosillo was detained in Tuscon, which is more than 70 miles from Nogales. John Mennell, a spokesperson for the U.S. Border Patrol, said that it was an “unintentional” error.
Hermosillo said he was detained with about 15 other men in a cell at the Florence Correctional Center. He was served only cold food. He said he contracted the flu because “they have it cold in there and everybody’s getting sick.” Hermosillo said he requested medicine but was not provided with any.
Hermosillo said he tried to tell people at Florence Correctional Center that he was a US citizen, but was dismissed. “They say, tell your lawyer,” he recalled. Hermosillo, a father to a six-month-old, said he spent time while he was detained crying because he was afraid “they’re not going to let me out.”
Two days after his detention, Hermosillo told a judge that he was a US citizen. Prosecutors then requested that the hearing be delayed and that Hermosillo be detained until it was rescheduled. Hermosillo was held for an additional seven days until, at the next hearing, his family provided the court with his birth certificate.
Since his release, Hermosillo has struggled. “When I dream, I dream I’m still in there,” he said.