Abuse of Authority in Nogales: U.S. Citizen Wrongfully Detained by Border Patrol

Authored by Tristan Dan Silva | Nogales Daily Democrat – 23 April 2025

A photograph of the grotesque and wholly unnecessary border fence that divides Ambos Nogales—an abhorrent symbol of fear, racial prejudice, and inhumane policy | Photograph sourced from Unsplash.

Once again, the city of Nogales is thrust into the spotlight—this time as the backdrop to a harrowing episode of state overreach and misjudgement. U.S. Border Patrol agents have come under sharp scrutiny following the unlawful detention of 19-year-old American citizen José Hermosillo, who was held in custody for nearly ten days without cause or credible justification.

A resident of New Mexico, Mr Hermosillo was apprehended under flimsy suspicions of illegal entry—despite consistently affirming his citizenship. Rather than being treated with the rights and dignity afforded to all citizens under the U.S. Constitution, the young man was subjected to unwarranted suspicion and bureaucratic indifference. His repeated declarations were summarily dismissed by agents who, lacking substantive evidence, opted to incarcerate first and investigate later.

It was only through the tireless efforts of Hermosillo’s family—who gathered and submitted comprehensive documentation proving his lawful status—that he was eventually released. By then, nearly a week and a half had passed in unjust confinement. On 17 April, a federal judge dismissed the case in its entirety. Yet the emotional and psychological toll inflicted on this young man cannot simply be undone.

This grievous incident is not an aberration. Rather, it exemplifies a deeply entrenched and systemic failure—one where proximity to the border and the colour of one’s skin often supersede facts, rights, and due process.

The conduct of the agents involved is part of a troubling and well-documented pattern: Border Patrol personnel, empowered with sweeping authority and shielded by limited oversight, have repeatedly engaged in conduct that borders on impunity. Detain first, question later—such appears to be the prevailing ethos.

Civil liberties organisations have been swift in their condemnation. One prominent advocate stated:

“This is yet another example of Border Patrol’s reckless disregard for human dignity and constitutional rights.”

Hermosillo’s family, shaken and outraged, are demanding accountability:

“No American should be required to prove their right to exist freely within their own country. This was not a mistake—it was negligence.”

To date, Border Patrol has failed to issue an apology or formal explanation, a silence that has only deepened public indignation and mistrust.

This incident has laid bare the structural flaws within border enforcement operations in Nogales—a region where the line between protection and persecution has become perilously blurred. For many, a singular question now looms large: if a citizen’s rights can be so readily trampled, who among us is truly safe from the unchecked hand of state power?

Reference:

The Guardian. (2025). U.S. citizen detained by Border Patrol for nearly 10 days despite proving his status. Available at: https://www.theguardian.com/us-news/2025/apr/20/us-citizen-jose-hermosillo-border-patrol (Accessed: 23 April 2025).