Virginia Man Says ICE Encounter Landed Him in Hospital With a Brain Bleed, Now Police Are Investigating

A Virginia man who says ICE agents seriously injured him during an August 11 encounter has filed a police report in Arlington, alleging a criminal assault and asking authorities to investigate.

The filing comes after weeks of conflicting accounts between Jose Mejia Hernandez's legal team and federal officials.

What Happened on the Morning of August 11

Mejia Hernandez says he was on Columbia Pike near Courthouse Road around 6:30 a.m. when an unmarked car pulled up fast and two men jumped out. His attorneys say he was not committing a crime and was simply walking to a bus stop.

Mejia Hernandez says he ran because he did not know they were federal agents, felt a shock he believes was a Taser or stun device, and then lost consciousness.

He woke up hours later in a Washington hospital. His face was covered in blood, and he had multiple injuries.

Lawyers say doctors diagnosed a traumatic brain injury and a subarachnoid hemorrhage. He also required seven stitches above his lip, with bruising and abrasions on his hands, back, and legs.

Attorney Carlos Jurado of The Jurado Firm said his client was alone and unarmed before he ended up on the ground beside a government vehicle with blunt-force trauma to his head and upper torso.

DHS Disputes Allegations and Cites 'Necessary Force'

The Department of Homeland Security disputes Mejia Hernandez's account, saying he attempted to flee and that ICE officers used necessary force to take him into custody.

The agency also disputes his claim that he lost consciousness and woke up in a hospital, stating that officers rendered aid and asked if he was okay after he evaded arrest.

DHS said Mejia Hernandez entered the United States without authorization in 2006, accepted a voluntary return to Mexico, and reentered in 2008. DHS also said he was convicted of public intoxication in Fairfax County in 2020.

His attorneys disputed aspects of his immigration status and said he was not in removal proceedings on August 11. He has since been placed in removal proceedings, with an immigration-court hearing scheduled for September 14.

Police Report Filed and Investigation Underway

Before August 28, no police report had been filed regarding the incident. Mejia Hernandez subsequently filed one with Arlington County Police on Friday, August 28, and asked investigators to determine whether criminal charges should be pursued.

His filing identified possible offenses including attempted murder, aggravated malicious wounding, malicious wounding, assault and battery, reckless driving, and violations involving a driver allegedly failing to stop, identify themselves, or render assistance after an injury-causing accident.

Arlington police said detectives met with Mejia Hernandez, documented the incident in a police report, and that the investigation is ongoing.

Commonwealth's Attorney Parisa Dehghani-Tafti has called for a thorough and impartial investigation into the circumstances of Mejia Hernandez's injuries, and her office has been working to facilitate a meeting with detectives and provide victim-witness support.

Medical Complications and Legal Next Steps

Mejia Hernandez's lawyers said an ankle monitor complicated or delayed an MRI doctors wanted to perform to assess his injuries. DHS said the monitor could be temporarily removed for medical procedures with the required paperwork and later said it was removed on August 19, with the BI SmartLINK mobile monitoring app installed on his phone in the meantime.

His attorneys also said they planned to seek a U-visa certification, which can be requested by victims of qualifying crimes who cooperate with law enforcement. Certification does not itself grant a U visa; eligibility is determined by federal immigration authorities.

The circumstances surrounding the injuries remain disputed. Mejia Hernandez and his attorneys allege excessive or criminal force, while DHS says officers used necessary force after he attempted to flee. The police investigation is ongoing.