Severe Brain Injury After ICE Arrest: Virginia Man's Medical Records 2026

A Virginia man suffered a severe brain injury after an ICE arrest, as detailed in medical records obtained by his lawyers. The incident, which occurred in Arlington on August 11, has raised serious questions about the use of force by immigration agents and the medical care provided to detainees. José Mejía Hernández, 45, was walking to a bus stop when two agents from an unmarked vehicle began chasing him, according to his attorney Margaret Hellerstein. He recalls being hit by a stun gun but has no memory of what followed, waking up hours later in a hospital with a traumatic brain injury and extensive bruising.

What Happened During the ICE Arrest?

According to Hellerstein, Mejía Hernández was approached by two Immigration and Customs Enforcement (ICE) agents who attempted to detain him. He fled, and the agents used force to subdue him. The Department of Homeland Security (DHS) confirmed the stop, stating that Mejía Hernández “attempted [to] flee from the scene requiring ICE to use necessary force to gain control of the situation.” However, the DHS did not specify the type of force used, and the man's lawyers argue that the injuries sustained were disproportionate to any lawful arrest.

Medical Records Reveal Traumatic Brain Injury

Medical records from the hospital show that Mejía Hernández was diagnosed with a “mild TBI [traumatic brain injury]” and a “subarachnoid bleed.” Doctors noted a “head, face and neck injury” and “trauma with continued pain.” He remained hospitalized for several days, with ICE agents present at his bedside. After his initial release, he returned to the hospital on August 14 due to worsening symptoms, and an MRI was ordered. The records also indicate that he suffered severe bruising across his face, hands, chest, and back, including two black eyes.

ICE's Response and Legal Implications

The DHS spokesperson defended the agents' actions, claiming that force was necessary because Mejía Hernández attempted to flee. However, the severity of his injuries—particularly the brain bleed—has led his lawyers to question whether excessive force was used. This case highlights broader concerns about immigration enforcement practices and the lack of transparency in such operations. Legal experts note that if the force was deemed excessive, it could violate constitutional protections against unreasonable seizure.

Key Takeaways from the Incident

• ICE agents used force that resulted in a traumatic brain injury and subarachnoid bleed.
• The man was hospitalized for days and required an MRI due to complications.
• DHS confirmed the arrest but did not disclose the specific force used.
• Lawyers argue the injuries indicate excessive force, raising legal and human rights concerns.
• The case underscores the need for greater accountability in immigration enforcement.

FAQ

What is a subarachnoid bleed?

What is a subarachnoid bleed?

A subarachnoid bleed is bleeding in the space between the brain and the thin tissues that cover it. It can be life-threatening and requires immediate medical attention. In this case, it was diagnosed as part of a mild traumatic brain injury.

Can ICE use force during arrests?

Can ICE use force during arrests?

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ICE agents are allowed to use reasonable force to make an arrest, but the force must be proportional to the threat. If excessive force is used, it may violate the Fourth Amendment and lead to civil rights claims.

What legal recourse does the man have?

What legal recourse does the man have?

He can file a complaint with the DHS Office of Inspector General, pursue a civil lawsuit for excessive force, and potentially seek damages for medical expenses and pain and suffering. His immigration case may also be affected by the circumstances of his arrest.

This incident serves as a stark reminder of the physical risks involved in immigration enforcement and the importance of holding authorities accountable. As Mejía Hernández continues to recover, his case may set a precedent for how similar situations are handled in the future.

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