U.S. citizen DHS detained for 10 days has mental disabilities, household claims

A 19-year-old U.S. citizen arrested by Customs and Border Safety brokers earlier this month in Arizona and briefly prosecuted for unlawful entry into the U.S. has mental disabilities, his household informed CBS Information.

Jose Hermosillo was arrested on April 8 by CBP in Tucson and detained for 10 days. His household supplied documentation proving his American citizenship, days after being taken into custody, in keeping with court docket information and Division of Homeland Safety assistant Secretary Tricia McLaughlin.

On Monday, the Division of Homeland Safety argued his arrest, which has attracted nationwide consideration, was a “direct results of his personal actions and statements.” A DHS spokesperson mentioned Hermosillo approached a Border Patrol agent, mentioned he had entered the U.S. illegally and recognized himself as a Mexican citizen.

The division additionally posted a duplicate of Hermosillo’s sworn assertion on X through which Hermosillo responded “sure” when requested if he had entered the U.S. illegally. The doc reveals a child-like signature that reads “Jose.”

In a telephone interview Tuesday, Hermosillo’s mother and father informed CBS Information their son suffers from mental disabilities, can not learn or write and has hassle talking. They mentioned he couldn’t have probably identified what he was signing when he was detained.   

“He is by no means been in a position to learn and was all the time in particular training lessons at school,” Guadalupe Hermosillo, Hermosillo’s mom, mentioned in Spanish. 

In response to his household, Hermosillo lives in Albuquerque, New Mexico, however was in Tucson earlier this month visiting his girlfriend’s household. He left his girlfriend’s relative’s residence and wandered away through the night time, and it was throughout this stroll that Hermosillo was detained by CBP, his mother and father mentioned.

Particulars of the arrest stay unclear. The preliminary April 9 legal grievance filed within the U.S. District Courtroom in Arizona by a Border Patrol agent says Hermosillo was discovered “at or close to Nogales, Arizona with out the correct immigration paperwork.” The doc referred to Hermosillo as an “alien” and charged him with “improper entry,” a misdemeanor offense.

However DHS later said that he was arrested in Tucson. In response to court docket paperwork, Hermosillo informed the decide he was a U.S. citizen throughout his first look. A day later, Hermosillo’s U.S. delivery certificates was made accessible to the decide. 

When CBS Information spoke with Hermosillo, he seemed to be distraught and confused. He mentioned he cried each night time on the detention middle, describing it as a really chilly place stuffed with sick individuals who had been continuously coughing. 

“Once I sleep, I dream that I am nonetheless detained,” Hermosillo mentioned over the telephone in Spanish. 

Representatives for DHS didn’t instantly reply to a CBS Information request to touch upon the allegations by Hermosillo and his mother and father, together with about his mental disabilities.  

Hermosillo’s mom mentioned she was hospitalized after her son was detained due to the stress it induced.

“I cried on daily basis,” she mentioned. “I simply needed them to let him go.”

Jesus Hermosillo, Jose’s father, informed CBS Information he obtained a name from an immigration official asking to substantiate whether or not Jose was a U.S. citizen. He mentioned he informed the officers his son was born in Albuquerque. 

The Hermosillo household was in a position to find their son at a detention middle in Florence, Arizona. On April 17, a Tucson Justice of the Peace decide dismissed Hermosillo’s legal case. He was launched the subsequent day. 

CBS Information has reached out to the court-appointed lawyer who represented Hermosillo. Arizona Lawyer Normal Kris Mayes mentioned her workplace is trying into his case. 

“My workplace has reached out to ICE for solutions on how this was allowed to occur to an American citizen. It’s wholly unacceptable to wrongfully detain U.S. residents,” Mayes wrote on X.