Jose Mejia Hernandez says he was walking to a bus stop in Arlington, Virginia, when two men in plain clothes who identified themselves as ICE agents stopped him. He says they did not tell him he was under arrest, so he moved away from them. According to his attorney, Denisse Gastélum, Hernandez was on the ground minutes later.
Gastélum says Hernandez was covered in blood and suffering blunt-force trauma to his head and torso, including a brain bleed. His legal team is now seeking $35 million from the Department of Homeland Security over the Aug. 11 encounter.
As reported by DC News Now, Gastélum said Hernandez was heading to work when the incident occurred. “He’s walking to his local bus stop to head to work. And then all of a sudden he wakes up in a hospital bed, brain injured,” Gastélum said
Witnesses describe what happened after the encounter
Gastélum also pointed to witnesses at a nearby apartment complex who reportedly heard what sounded like a vehicle hitting a person. “Through the witnesses at an apartment complex, they heard what appeared to be a vehicle hitting a human being, hitting human flesh,” she said. She added that the legal team believes this caused Hernandez’s head trauma.
Gastélum also shared an account from a former hospital employee who she says reached out to her. According to her, he was asked to see a patient without being told that ICE or police were involved. He reportedly found Hernandez on the ground, bleeding from the head. Gastélum recounted that agents told him “Mr. Mejia wanted to be on the ground because the ground was cooler.” She says the employee asked for a bed and an interpreter and recorded the exchange. The hospital later told detectives it had never happened, she said.
DHS gave a different version of events. In a statement to DC News Now, the agency called Hernandez a criminal illegal alien from Mexico. It said he tried to flee, which required officers to use necessary force to gain control. DHS said he was taken to a hospital as a precaution. It also noted a 2020 conviction in Fairfax County for public intoxication.
ICE rejected the claim that Hernandez was unconscious. “Allegations that he was unconscious and woke up in a hospital bed are FALSE,” the agency said.
Another of Hernandez’s lawyers, Carlos Jurado, said the case troubled him deeply. “At every step of this, his constitutional rights were violated,” Jurado said. He also questioned why Hernandez was not detained when many others have been.
“We have other clients who were shot, beaten, broken bones. They’re all detained. Why not him Hernandez?” Jurado asked.
Jurado said the team wants Arlington County police to sign a certification that Hernandez was the victim of a crime. He said the signature would help protect him.
Gastélum said the money is meant to make up for what Hernandez lost, including his ability to work and sleep. She said he struggled to speak clearly at the press conference and did not believe nerves were the reason. Instead, she tied it to his symptoms from the head trauma. She does not believe nerves were the reason. She tied it to his symptoms from the head trauma.
Hernandez filed a police report on Aug. 28, and Arlington County police say they are investigating. Commonwealth’s Attorney Parisa Dehghani-Tafti said in a statement that her commitment to the investigation remains strong.
Gastélum said the team does not yet know the agents’ names. She urged Congress to let people sue officers directly. For now, the legal team is pursuing the claim against the agency.
Published: Oct 8, 2026 02:36 am