Jose Hermosillo is an American citizen [1] who was wrongfully detained for 10 days for entering the United States illegally, despite not having done so. Hermosillo, who has intellectual disabilities, [2] was born and raised in New Mexico, and detained while on a trip to Arizona.
On April 8, 2025, Hermosillo was arrested by the United States Customs and Border Patrol in Tucson. Court documents incorrectly state that he was arrested in Nogales, Arizona; an affidavit posted on X by the Department of Homeland Security correctly states the arrest occurred in Tucson. [3] [4] [5] Hermosillo stated after his release that he's never been to Nogales. [5]
Hermosillo lives in Albuquerque, New Mexico and was in Arizona with his girlfriend visiting her family in Tucson [6] [7] . Hermosillo was walking around, and may have became lost; he was arrested while walking near the Border Patrol headquarters for illegally entering the country despite not having done so. [7] [8]
Upon learning of his detention in Florence Correctional Center, a privately owned prison in Florence, Arizona, a member of Hermosillo's girlfriend's family drove to the facility with Hermosillo's Social Security card and birth certificate, but was not given any information or allowed to effectuate his release. [7]
The criminal complaint against Hermosillo stated that Hermosillo claimed he is a Mexican citizen, had entered the country illegally through Nogales, and was planning to stay for 20 years to work. [3] According to an anonymous DHS official, Hermosillo then signed a statement with those facts. [9] Hermosillo's family and girlfriend say that he has a learning disability and is illiterate. [8] The charging document states that Hermosillo either read the document or had it read to him, but Hermosillo states that it was never read to him. [4]
According to Hermosillo, the Border Patrol's version of events is false. He says that he was treated at a hospital after having a seizure and did not have his state ID card with him when he was taken there by ambulance. He says that he got lost after being released. He says he approached a police officer for help, and that he responded "New Mexico" when asked where he was from. The officer, who worked for the Border Patrol, responded "Don’t make me [out] like [I’m] stupid. I know you’re from Mexico" and arrested him, according to Hermosillo. He says that he told prison staff that he was a US citizen several times, and was told "call your lawyer". He denies that ICE officers read him the document that he signed with his first name. [10]
Hermosillo was detained for a total of ten days before being released April 17. [3] In an interview after his release, Hermosillo stated that "They were saying I’m from Mexico, but I’m a U.S. citizen." [8]
Arizona Attorney General Kris Mayes is investigating why Hermosillo was detained; her office has requested information about the incident from Immigration and Customs Enforcement. [3] [9] She said "It is wholly unacceptable to wrongfully detain U.S. citizens". [9]