Jose Hermosillo, a 19-year-old American citizen from New Mexico with learning disabilities, was wrongfully detained for 10 days by immigration authorities while visiting his girlfriend’s family in Tucson, Arizona — an incident his lawyer says never should have happened.
According to his attorney, Homero Torralba, Hermosillo — who has lived in New Mexico his entire life — was visiting with his girlfriend in April when he stepped out alone to a nearby convenience store. That’s when he was allegedly confronted by law enforcement officers who, Torralba says, questioned him aggressively and used a racial slur, insisting he had entered the country illegally.
Hermosillo, who cannot read and has cognitive limitations, was pressured into signing a statement saying he had crossed the border illegally — something Torralba says simply isn’t true.
“He can be told, ‘You’re not a citizen, you’re here illegally,’ and he’ll believe it,” Torralba told PEOPLE. “He’s easily manipulated.”
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Homeland Security officials tell a different story. In documents reviewed by PEOPLE, officials claim Hermosillo voluntarily visited a Border Patrol station and told agents he had entered the U.S. from Mexico the day prior for work. But Torralba disputes that, pointing to inconsistencies in the paperwork — including an incorrect location listed as Nogales, Mexico, instead of Tucson — and Hermosillo’s limited Spanish comprehension, despite the official record stating he was interviewed in Spanish.
Hermosillo, who works in a restaurant and is also a young father, was taken into custody on April 8 and held at the Florence Correctional Center. He was finally released nine days later, on April 17, after his family provided proof of his U.S. citizenship, including his birth certificate.
While detained, Hermosillo said he was subjected to verbal abuse by other inmates and felt frightened and isolated. “His words to me were, ‘I’ve never been so scared in my life,’” said Torralba.
Despite being released without charge, Hermosillo was reportedly let go around 2:30 a.m. without transportation or assistance. His family had spent the entire ordeal fearing he would be deported. “For those few days, they were just going bananas,” Torralba said.
Arizona Attorney General Kris Mayes initially condemned the situation as “wholly unacceptable,” though her office later said it is not pursuing an investigation.
In a statement, a senior Department of Homeland Security official said, “The arrest was the direct result of Hermosillo’s own actions and statements. The narrative being pushed is false.”
Still, Torralba is exploring legal action, including the possibility of filing a federal civil rights lawsuit. “This was not just a mistake — it was cruel,” he said, adding that the incident reflects growing fears amid the Trump administration’s intensified immigration enforcement policies.
“The system failed Jose,” Torralba said. “He’s a citizen. He never should’ve been locked up in the first place.”