A Tucson man from Mexico who was arrested by border agents last month outside St. Joseph鈥檚 Hospital is facing criminal prosecution, not just deportation, court records show.
On April 29, the longtime Tucson resident, whom the Star is identifying by his first name Francisco, was detained in St. Joseph鈥檚 parking lot after he accompanied a relative who sought emergency care there, the Arizona Daily Star last week. His wife, Rosa, and two stepdaughters, ages 11 and 16, are distraught over his arrest and detention in Florence Correctional Center, Rosa told the Star.
Francisco has a hearing later this month in U.S. District Court, where he鈥檚 been criminally charged with illegal entry, a misdemeanor, and illegal re-entry, a felony, after a previous deportation in 2011, according to the criminal complaint.
Speaking on background, a U.S. Customs and Border Protection spokesperson said the man arrested at St. Joseph鈥檚 was the target of a Border Patrol investigation, but could not provide further details.
Neither St. Joseph鈥檚 Hospital CEO, nor its parent company, have acknowledged the Star鈥檚 inquiries about the arrest over the past week.
Rosa and her two daughters, who are from Sonora, entered Arizona through the DeConcini Port of Entry in 2019, seeking asylum. Her petition was successful, and she鈥檚 now pursuing lawful permanent status, or green cards, for herself and her daughters, she said.
Soon after coming to Arizona, Rosa met and eventually married Francisco, who has been stepfather to her girls for the past five years.
鈥淚 feel exhausted by the nightmare we鈥檙e living through,鈥� since Francisco was detained, she told the Star. Because of her status as an asylum seeker, she鈥檚 asked the Star to publish only their first names.
While being discharged from St. Joseph鈥檚, Francisco鈥檚 cousin was questioned about his legal status and whether he had a Social Security number, according to Rosa, who said she was present at the time, before leaving to pick up her daughter from school.
The questions appeared to be related to AHCCCS, the Arizona Health Care Cost Containment System, Rosa said. That鈥檚 Arizona鈥檚 Medicaid program for low-income and disabled people.
Undocumented immigrants are generally not eligible for AHCCCS, nor any other health-care coverage. But in Arizona, hospitals can apply for reimbursement for the cost of emergency care provided to patients who would otherwise qualify for AHCCCS if not for their immigration status, an AHCCCS spokesperson said.
Hospitals are required by federal law to treat anyone experiencing an emergency, regardless of ability to pay or immigration status.
That could explain the reason for Francisco鈥檚 cousin being questioned, Rosa said, but she said the intensive manner of questioning, combined with immigration agents鈥� appearance soon after, raised her suspicion that hospital staff made a report to immigration authorities.
Agents called out 鈥淔rancisco鈥� when the men exited to St. Joseph鈥檚 parking lot, Rosa said. She thinks the agents were calling Francisco鈥檚 cousin, who has the same first name. The cousin ran and escaped from the agents, but Francisco was detained.
Errors in criminal complaint
The criminal complaint filed in District Court against Francisco appears to contain multiple misstatements. The sworn declaration, signed by border agent Carlo A. Moreno, says Francisco entered the country April 29 鈥� the day he was arrested at St. Joseph鈥檚 鈥� and was detained 鈥渁t or near鈥� the border town of S谩sabe, Arizona, 70 miles southwest of Tucson.
The complaint also says Francisco admitted to entering the country April 29 near S谩sabe, although he and his family have maintained that Francisco hasn鈥檛 left the U.S. in many years, Tucson immigration attorney Luis Campos said.
鈥淎ny reasonable person would say there鈥檚 something weird and concerning going on here,鈥� said Campos, who is representing Francisco in his immigration case.
A CBP spokesman had no comment on the discrepancies.
St. Joseph鈥檚 Hospital CEO Monica Vargas-Mahal has not responded to the Star鈥檚 calls or emails about the incident since Monday, May 5. Her assistant referred the Star to Patti Tanner, the media relations contact listed on Carondelet Health Network鈥檚 website. Tanner has not responded to multiple Star emails since May 2 and her listed phone number connects to Carondelet鈥檚 physician referral line. Receptionists who answered the phone could not connect the Star to Tanner.
St. Joseph鈥檚 is part of the Carondelet Health Network, owned by Tenet Healthcare, whose media-relations contact also did not respond to the Star鈥檚 emails.
Campos said the lack of any public statement from St. Joseph鈥檚 leadership is disappointing.
鈥淭he community has a right to know what the hospital鈥檚 position is on these kinds of enforcement operations on hospital grounds. The public needs to know if the hospital is a space where people can feel safe. They need to say it on the record,鈥� he said.
New mother will seek asylum
One day after Francisco was detained outside St. Joseph鈥檚, a Guatemalan woman gave birth at Tucson Medical Center and initially faced a rapid deportation, just two days after she was detained by border agents in the Southern Arizona desert, the Star .
At eight months pregnant, Erika, 24, had fallen behind the group of migrants she was traveling with and was alone when agents found her and took her into custody, her attorney said.
Department of Homeland Security agents were posted outside her TMC hospital room and prevented anyone other than hospital staff from speaking with the woman, despite her request for a lawyer, said lawyer Campos, who is now formally representing Erika.
A CBP spokesman told the Star May 1 鈥� one day after Erika gave birth 鈥� that she faced 鈥渆xpedited removal,鈥� a rapid deportation process without a hearing before an immigration judge, and would be given the choice to take her U.S. citizen newborn with her, or leave her baby in the U.S.
After a public outcry, CBP on May 2, saying Erika would instead be placed into normal deportation proceedings and given a court date, as well as an opportunity to speak to an attorney. She was released from ICE custody on May 3.
Erika and her baby girl, named Emily, are safe and healthy, and are now staying with a friend in the southeast, pending her removal proceedings, Campos said. She鈥檒l pursue an asylum claim, after having fled violence directed at her in Guatemala, he said.
Since arriving at her friend鈥檚 home, Erika has been 鈥渙verwhelmed鈥� by national media attention to her case and is declining interviews, Campos said.