PHOENIX - There's more uproar over the Trump administration’s immigration policies, and this time it comes after the arrest of a man at the Tucson border.
The backstory:
Initial reports said Jose Hermosillo, 19, was a U.S. citizen who was detained for 10 days just because he didn’t have his ID.
His case got the attention of Arizona's governor and attorney general.
However, the U.S. Dept. of Homeland Security says this narrative is false. Advocates aren’t buying it though, and say this is further proof Trump's immigration policies are violating constitutional rights.
Hermosillo's family told the media the Albuquerque resident was arrested and taken away for 10 days because he didn’t have his ID at the Tucson border on April 8.
"It’s appalling. It’s disheartening. It’s saddening. It’s sickening to see our rights being stripped away," said Randy Parraz, president of Organizing Institute for Democracy.
‘Wholly unacceptable’
"This is completely unacceptable. I will be in contact with @DHSgov and expect immediate answers for their wrongful detention of an American citizen," Gov. Katie Hobbs wrote on X, formerly Twitter.
"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," Arizona Attorney General Kris Mayes said.
The Dept. of Homeland Security (DHS) came back with its own statement, calling the reports a narrative, saying that Hermosillo approached border patrol saying he entered illegally and wanted to turn himself in.
"Days later, his family presented documents showing proof of U.S. citizenship. The charges were dismissed and he was released. Mr. Hermosillo’s arrest and detention were a direct result of his own actions and statements," DHS said.
The other side:
"They’re taking action and asking questions later. Why are you talking to somebody if they haven’t done anything wrong to ask them for their ID?" Parraz said.
The confusion over the arrest is only inflaming fears that U.S. citizens are being illegally detained without due process.
This comes after videos have circulated online of aggressive arrests of immigrants and the high-profile deportation of Kilmar Abrego Garcia to El Salvador.
Rep. Yassamin Ansari plans trip to El Salvador to demand return of Kilmar Abrego Garcia
The Supreme Court has ruled that Kilmar Abrego Garcia should be returned to the United States after he was deported to a prison in El Salvador and one Arizona Representative is working to make sure that happens.
"This case is not just about one man. It's about protecting the constitutional rights of everybody who resides in the United States of America," Democratic Maryland Senator Chris Van Hollen said.
Garcia’s family says he’s lived in Maryland for 13 years, but the Trump administration says he’s an MS-13 gang member who entered illegally, and they have the right to deport him.
‘There has to be some presentation of evidence’
"You cannot take people without giving them their hearing in court to determine if they’ve done anything wrong. There has to be some presentation of evidence," Parraz said.
The Supreme Court stands as a barrier between Trump’s hardline stance and immigrant advocates, ruling over the weekend that the president’s use of the Alien Enemies Act is halted.
In the case of a group of Venezuelans detained in Texas, the court directed the government not to remove any member of the detainees from the United States "until further order of this court."
"Donald Trump is not a dictator. He is not a king. So, he is testing what he can do. Can I fly someone to El Salvador without any due process? Can I do it locally? Can I do it in Tucson? We cannot allow them to criminalize being a human being in Arizona or the United States. That needs to stop," Parraz said.
Authorities told FOX 10 Hermosillo approached them in Tucson, stating he was in America illegally, and they were just doing their job.
What's next:
We expect to hear more from the Supreme Court about these policies in the coming weeks.
Click here for the latest immigration reports.