What to Know
- José Mejía Hernandez was on his way to work Aug. 11 when, he says, he was approached by two people he did not know were federal agents.
- He says he tried to run away but the agents assaulted him, resulting in a hospitalization and a brain injury.
- ICE says he tried to evade arrest and agents used necessary force to take him into custody.
- Mejía Hernandez is from Mexico and is in the U.S. without documentation.
- On Friday, he and his attorneys filed a report with Arlington County police and are calling for the agents involved to be criminally prosecuted.
- The commonwealth’s attorney for Arlington County, who decides whether charges could be filed, called the assault allegations concerning.
A man who claims he was assaulted by ICE agents earlier this month is now asking police to investigate.
José Mejía Hernandez was walking to work in Arlington, Virginia, on Aug. 11 when he says he was approached by two people he did not know were federal agents. He says he tried to run away but the agents assaulted him, resulting in a brain injury.
ICE disputes that account, saying Mejía Hernandez tried to evade arrest and that agents used necessary force to take him into custody.
On Friday, Mejía Hernandez and his attorneys went to Arlington County police headquarters to file a report and are calling for the agents involved to be criminally prosecuted.
Mejía Hernandez’s attorneys say they received video from people who started recording after Mejía Hernandez was taken into custody by federal immigration agents. The video begins with him on the ground, with his face bloody and bruised, but does not show what happened to him to cause the injuries. Minutes later in the video, agents are seen helping Mejía Hernandez to his feet. He appears unsteady as agents surround him before the video ends.
That was 17 days ago. On Friday, Mejía Hernandez appeared with his attorneys outside the Arlington County Police Department, where they filed a police report. His face is still bruised.
He says he can’t sleep, that it’s hard for him to eat and he feels scared. He said he was hospitalized after the incident that he suffered a brain injury. News4 has not been able to independently confirm or review medical documentation that supports this claim.
He says he doesn’t remember what exactly happened after he was stopped by agents, only that he recalls waking up in the hospital.
Mejía Hernandez is from Mexico and is in the United States without documentation.
In the days following the incident, ICE said in a statement sent to News4 that Mejía Hernandez tried to run from the scene, requiring what they called “necessary force” to gain control of the situation. ICE says allegations that he was unconscious and woke up in a hospital bed are false.
ICE did not directly respond to News4’s request for comment Friday about Mejía Hernandez’s decision to file a police report. Instead, the agency sent us a statement it had previously released.
Meanwhile, Denisse Gastélum, a civil rights attorney representing Mejía Hernandez, asked: “How does a man who is walking to a bus stop on his way to work suddenly wake up with a brain injury at the hands of federal immigration officers?”
“That is not my America,” she said.
Supporters of Mejía Hernandez gathered to stand behind him outside police headquarters, holding signs condemning ICE’s actions. His attorneys say they are seeking justice and accountability, while raising concerns about what they call increasingly forceful tactics by immigration authorities.
“Unfortunately, it doesn’t seem like the end’s coming,” said Carlos Jurado, Mejía Hernandez’s immigration attorney. “It seems like these arrests are getting more violent and without answers.”
Parisa Dehghani-Tafti, the commonwealth’s attorney for Arlington County — who decides whether charges could be filed — was in attendance and called the assault allegations concerning.
“It doesn’t matter if you’re a federal official. It doesn’t matter if you’re just a regular person on the street,” she said. “Everybody must be held accountable. And I will do my utmost to make sure that that happens.”
Arlington County police told News4 that detectives met with Mejía Hernandez, who filed a police report alleging violations of Virginia laws involving aggravated malicious wounding, malicious wounding, failure of driver in accident to stop, reckless driving and assault and battery.
The incident was documented in a police report and the investigation is ongoing, police said.
Mejía Hernandez’s attorneys also say they plan on suing the federal government over the incident and are requesting a U Visa for Mejía Hernandez. A U visa a special kind of visa that can be offered to victims of crimes in the United States, those who help law enforcement investigate or prosecute a crime.
“Our hope is that those federal agents who caused harm to Mr. Mejía Hernandez are held criminally liable,” Gastélum said.
Mejía Hernandez has been placed in deportation proceedings. His attorney says he has an immigration court hearing set for Sept. 14.
