The Case of Jose Hermosillo: When Disabilities Meet Deportation

Jose Hermosillo is a U.S. citizen. He was born in California, lives in Bakersfield, and works at a recycling plant. He also lives with a significant intellectual disability, and that disability nearly led to his deportation.

In 2025, amid a surge in aggressive ICE enforcement policies pushed by the Trump administration, Jose was swept up in a raid that had nothing to do with him. Agents were supposedly looking for someone else. But they detained Jose anyway, relying solely on the fact that he spoke Spanish and had limited verbal communication skills. His ID, which proved his citizenship, was dismissed as potentially fake. Within hours, he was placed into immigration detention and held for days. Only the intervention of local advocates and a civil rights attorney prevented ICE from deporting him to a country he’s never known.

This is not an isolated incident. It’s a warning.

Citizenship Isn’t Always Enough

The assumption that U.S. citizens are protected from deportation is, in theory, foundational to American law. But in practice, ICE has repeatedly detained and in some cases deported U.S. citizens. These mistakes are often chalked up to “clerical errors” or “miscommunication,” but the pattern is undeniable.

What makes Jose Hermosillo’s case especially alarming is how disability factored into the government’s failure.

Jose’s intellectual disability affected his ability to advocate for himself. He couldn’t explain where he was born or articulate complex thoughts under pressure. Instead of prompting ICE agents to tread carefully, his condition was weaponized against him used as evidence that he didn’t belong.

A System Built for Speed, Not Accuracy

Under current policy, ICE can issue what’s called a detainer a request for local law enforcement to hold someone suspected of being undocumented for up to 48 hours without judicial oversight. In practice, this can and often does lead to the detention of people without proper verification of their immigration status. The problem grows worse when individuals have disabilities, mental health challenges, or language barriers that make self-advocacy difficult.

For people like Jose, these brief detentions can stretch into days. Meanwhile, families are left panicked and powerless. In many cases, there is no immediate recourse, no urgent check to prevent wrongful removal proceedings from continuing.

Where Are the Safeguards?

Despite the fact that ICE is a federal agency operating with immense authority, it lacks basic procedures for confirming citizenship. There is no standardized, reliable vetting system in place before detainment. And for people with disabilities, there are virtually no accommodations no translators, no special advocates, and no clear path to appeal a decision before it’s too late.

In Jose’s case, it was only because his family fought back contacting disability rights groups, immigration attorneys, and the media that he was released before being deported. Others haven’t been so lucky.

When the Government Fails the Vulnerable

The United States has laws meant to protect people with disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination in public services, including government agencies. Yet ICE appears to operate outside the spirit, if not the letter, of these protections.

In practice, this means that individuals who most need legal safeguards people like Jose Hermosillo are the ones least able to access them. It also means that the people with the least ability to navigate complex immigration systems are often treated with the most suspicion.

We Need Reform. Now.

Jose Hermosillo’s story underscores a terrifying truth: being born in America, having papers, and following the law may not be enough to protect you when immigration enforcement is weaponized and unaccountable. When combined with a disability, the risks multiply.

If we want to prevent this from happening again, we must demand:

• Mandatory citizenship verification before detention.
• ADA-compliant protections during all immigration proceedings.
• Legal representation for all individuals in ICE custody, especially those with cognitive or intellectual disabilities.
• Oversight and accountability when wrongful detentions occur.

Jose was lucky. Many others are not.