New Mexico man shares how he was wrongfully detained by DHS
ALBUQUERQUE, N.M. (NBC, KYMA/KECY) - 19-year-old Jose Hermosillo was detained for multiple days in Tucson, Arizona, after not being able to provide his birth certificate to an officer.
What started as a trip to visit family in Tucson quickly turned into a nightmare for Hermosillo from Albuquerque.
"I was just walking around in the city in Tucson," Hermosillo, who is a U.S. citizen, shared.
As he was walking, Hermosillo says he was approached by an officer questioning his legal status.
"He said, 'Where are you from?' And I said, 'New Mexico.' [And he said,] 'Can you show me a birth certificate?'" Hermosillo detailed.
He didn't have ID with him, and that is when Hermosillo found himself handcuffed and charged with illegally entering the United States.
"They were saying I'm from Mexico, but I'm a U.S. citizen," Hermosillo expressed.
No matter how many times Hermosillo told Border Patrol agents he's a U.S. citizen, they did not believe him.
Eventually, he found himself sitting in the Florence Correctional Center. Cold, hungry and terrified.
"They took me to Florence to the jail. And the jail, it's cold in there, and I got sick for one day. And because in jail, they don't treat you good, and the food is cold," Hermosillo further expressed,
As he began to lose hope, Hermosillo's family got to work, with his girlfriend's aunt providing Hermosillo's birth certificate and Social Security card to officials.
Finally, after 10 long days filled with uncertainty and despair, Hermosillo was released to go home to his family.
"I feel happy when I came home, and my mom she cried when she saw me," Hermosillo said.
For Rebecca Sheff, Senior Staff Lawyer at the ACLU of New Mexico, the most troubling thing about this case is the inconsistency in the police reports being released by Homeland Security.
"How it appears that Homeland Security keeps changing their story according to what's been publicly reported, why it took 10 days for this father of a young child to come home," said Sheff.
As the search for answers continues, Hermosillo and Sheff are urging people to be careful and take necessary precautions.
"For people to be careful in Tucson...to take their birth certificate and their Social Security [card]," Hermosillo remarked.
"I think folks just need to be cautious and savvy. Knowing your rights is the best way to keep you and your loved one's safe," Sheff added.
Hermosillo's experience is not unique as there has been an increase in U.S. citizens being detained and questioned by immigration enforcement officers regarding their legal status.
U.S. Citizenship and Immigration Services is recommending people to keep documents like their birth certificate, Social Security cards, Green Cards, or other documentation with them so they can prove their citizenship if questioned.
In addition, Arizona Attorney General Kris Mayes wrote to social media earlier this week saying, "My office has reached out to ICE for answers on how this was allowed to happen to an American citizen. It is wholly unacceptable to wrongfully detain US citizens."
