Wrongfully Detained: U.S. Teen with Disabilities Held for 10 Days by Border Patrol

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“He Still Dreams He's Locked Up”: Family of Disabled U.S. Teen Outraged After Border Patrol Detains Him for 10 Days

Imagine being a U.S. citizen, unable to read or write, wandering alone in an unfamiliar city—and ending up locked in a federal detention center for 10 days, accused of being someone you're not.

That’s what happened to Jose Hermosillo, a 19-year-old from Albuquerque, New Mexico. According to his parents, Jose has intellectual disabilities so severe he can’t read, write, or fully understand verbal communication. He has always been in special education programs and relies on the care and support of his family to navigate daily life.

➤ A Visit Turns Into a Nightmare

Jose had traveled to Tucson, Arizona, to visit his girlfriend’s family. But one evening, he wandered off from the house—alone, and without any ID. Somewhere along the way, he encountered agents from U.S. Customs and Border Protection (CBP).

That’s when everything spiraled.

Jose was arrested on April 8 and held in custody for 10 days after allegedly telling a Border Patrol agent that he had entered the country illegally and that he was a Mexican citizen. According to the Department of Homeland Security (DHS), Jose even signed a sworn statement affirming his illegal entry—though that document, shared by DHS on X (formerly Twitter), shows a childlike signature that simply reads “Jose.”

➤ “He Cries Every Night”

When CBS News spoke with Jose following his release, he was clearly still shaken. Speaking in Spanish, he said:

“When I sleep, I dream that I’m still detained.”

He described his time in detention as cold, distressing, and surrounded by sick individuals who coughed constantly. The emotional toll has been so intense, his mother, Guadalupe Hermosillo, said she had to be hospitalized from the stress.

“I cried every day,” she told CBS. “I just wanted them to let him go.”

➤ The Government’s Response: “He Said He Was Illegal”

In a surprising move, the Department of Homeland Security defended the arrest, claiming Jose’s detention was a “direct result of his own actions and statements.”

A DHS spokesperson pointed out that Jose approached a Border Patrol agent, identified himself as a Mexican citizen, and confessed to crossing the border illegally. The department emphasized the sworn statement and his verbal admission.

But his parents are adamant: Jose has no concept of what those words mean, nor any idea what he was signing.

“He’s never been able to read,” said his mother, “and was always in special education classes in school.”

➤ A Case of Mistaken Identity or Gross Negligence?

So how does a U.S. citizen end up detained by immigration authorities and prosecuted for illegal entry?

The original complaint, filed April 9 in a U.S. District Court in Arizona, described Jose as being found "at or near Nogales"—close to the Mexican border—and charged him with “improper entry,” a misdemeanor under immigration law. The complaint labeled him an “alien” and noted that he lacked immigration documents.

But there’s a twist.

Despite CBP’s original statement that Jose was picked up in Nogales, DHS later stated he was actually arrested in Tucson, nearly 70 miles away.

During his first court appearance, Jose told the judge he was a U.S. citizen. His family quickly scrambled to gather documentation. A day later, the judge was presented with Jose’s birth certificate—proving he was born in Albuquerque, New Mexico.

➤ Tracking Him Down

For nearly a week, Jose’s family had no idea where he was.

His father, Jesus Hermosillo, told CBS News that he received a call from an immigration officer asking if his son was a U.S. citizen. “I said, yes. He was born here in Albuquerque,” he recalled.

Eventually, the Hermosillos located their son in a detention facility in Florence, Arizona.

➤ A Legal Win, but Questions Remain

On April 17, a Tucson magistrate judge dismissed the case, and Jose was released the following day.

Arizona Attorney General Kris Mayes has since stepped in, stating her office is investigating how this could have happened.

“It is wholly unacceptable to wrongfully detain U.S. citizens,” Mayes said in a statement on X. “My office has reached out to ICE for answers on how this was allowed to happen.”

CBS News also reached out to the court-appointed lawyer who represented Jose during the ordeal, but as of yet, there’s been no public comment.

➤ The Larger Conversation: What About Vulnerable Individuals?

Jose’s case has stirred national attention not only because of the wrongful arrest but because it highlights serious concerns about how law enforcement treats individuals with disabilities.

Should a person who cannot read or understand the implications of a legal document be allowed—or expected—to sign one under duress? And why didn’t CBP verify his citizenship status before locking him away for over a week?

There are big questions that still need answers:

  • Was Jose properly assessed for cognitive impairment when he was detained?

  • Did any agent or officer raise red flags about his intellectual disabilities?

  • Why wasn’t his identity verified sooner, especially after he claimed U.S. citizenship in court?

➤ A Chilling Reminder

This isn’t just a bureaucratic blunder—it’s a life-altering mistake for a vulnerable young man.

“He still thinks he’s locked up,” his mother said. “He’s scared. He won’t even go outside alone anymore.”

As the legal system begins to review what went wrong, Jose’s family is left trying to pick up the emotional pieces. His parents, heartbroken and overwhelmed, are calling for accountability—not just for their son, but to ensure that no other family experiences something like this again.