A man in Virginia was hospitalized with a brain injury and severe bruising all over his face after he was arrested by US immigration agents, according to his lawyers, who shared photos and medical records with the Guardian. José Mejía Hernandez, 45, was walking to a bus stop in Arlington on the morning of 11 August when two agents got out of an unmarked vehicle and started chasing him, according to one of his lawyers, Margaret Hellerstein. The man recalled being hit by some kind of stun gun, but did not remember what happened after that, only waking up hours later in the hospital, Hellerstein said.
A Department of Homeland Security (DHS) spokesperson confirmed that Mejía Hernandez was stopped by Immigration and Customs Enforcement (ICE) in a statement, saying he “attempted [to] flee from the scene requiring ICE to use necessary force to gain control of the situation” and was taken to a hospital “out of precaution”. DHS did not respond to questions about what kind of force was used. Mejía Hernandez remained in the hospital for several days, with ICE agents by his side, and at one point, a nurse told him he had suffered a brain bleed, according to Hellerstein.
He was then transferred to an ICE office where he was fitted with an ankle monitor and given a notice to appear before an immigration judge. Photos after his initial release show him with apparently severe bruising all over his face and two black eyes. He also appeared to have cuts and bruises on his hands, chest and back.
Mejía Hernandez returned to the hospital on 14 August because he was feeling significantly worse and was worried about complications from his injuries, Hellerstein said. A copy of one his medical records showed he was diagnosed with “mild TBI [traumatic brain injury]” and a “subarachnoid bleed”. Doctors noted in one record that he had a “head, face and neck injury” and “trauma with continued pain”.
Doctors ordered him to get an MRI, the records show. But his lawyers said he was not able to do the scan with an ankle monitor attached to him. When he tried to get his ankle monitor removed, ICE said he needed to get paperwork specifying a date and time for the MRI, requiring him to go back to the ICE office and wait for hours to get the monitor removed, Hellerstein said.
Mejía Hernandez was able to get the MRI done several days after doctors had ordered the exam, according to his lawyer. DHS’s spokesperson disputed Mejía Hernandez’s claim that he blacked out during his arrest, saying in an email, “Allegations that he was unconscious and woke up in a hospital bed are FALSE. According to officers, they rendered aide [sic], asked the individual, who was responsive, if he was okay after evading arrest, and followed their training.” The statement also said ICE was not denying him the opportunity to have his ankle monitor removed for medical purposes, saying he needed to fill out necessary paperwork first and have a tracking app downloaded on his phone and that after his procedure, the ankle monitor would be re-attached.
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