Mesa police arrest longtime activist who says he was observing federal immigration agents

The Mesa Police Department arrested a longtime Valley activist on Tuesday morning as he was documenting federal immigration activities, leading to backlash from protesters and state officials.

“Earlier today, we learned that UFCW Local 99 Organizing Director, Martin Hernandez, was detained in Mesa while peacefully documenting immigration enforcement activity,” the union said in a statement.

Hernandez, an organizer with the local chapter of the United Food and Commercial Workers International Union, has long advocated for immigrant rights dating back to protests against former Maricopa County Sheriff Joe Arpaio.

“It’s still heartbreaking to see ICE continue separating our families, our community members and that police departments like Mesa (cooperate) with them. That’s shameful — doing high-fives while people are suffering,” he said after being released this afternoon.

As news of Hernandez’s arrest spread amongst local activists today, they headed to the station where he was being held to collect more information. The group included multiple current and former state officials, including Sen. Analise Ortiz (D-Phoenix) and Rep. Lorena Austin (D-Mesa), who represents the area.

“I don't know the full details entirely of this incident, but I think what it really highlights is that ICE is continuing to terrorize our communities,” Austin said. “It's happening in Mesa, it's happening in my district, and people have the constitutional right to film. They have the constitutional right to observe law enforcement. And I want people to know that that is still true.”

According to a statement, Mesa police encountered Hernandez after “a concerned citizen called into police dispatch reference (sic) a man who ran from law enforcement and was hiding inside of a business.”

It’s unclear which law enforcement agency was pursuing Hernandez, who is a U.S. citizen.

Mesa police alleges Hernandez was asked to leave private property, refused to comply and was arrested for trespassing.

“Martin later confirmed he had no lawful business at the location. He was transported to the Mesa police holding facility, where he was photographed and fingerprinted,” according to the statement.

Hernandez claims he was targeted by law enforcement.

“This morning I saw how they were taking this young lady from this apartment complex … It was frustrating that these guys, they took immediate action to take me away from the area, because they knew what I was doing,” Hernandez said.

A spokesman for Attorney General Kris Mayes confirmed that she directed her staff to call Mesa police to inquire about the incident.

“She believes he was wrongly detained and is grateful he was released,” spokesman Richie Taylor said.

Attorney Martín Quezada, a former state lawmaker, said initially police planned to transfer Hernandez to Florence, where contractor CoreCivic operates a private prison facility. Since 2017, Mesa has contracted with CoreCivic to house its low level offenders.

Quezada said Hernandez was arrested on a third degree trespassing charge, a misdemeanor.

Under Arizona law, a person commits third degree trespassing by entering or remaining on any property after being asked to leave by the owner or law enforcement.

Hernandez’s supporters accused the local police of targeting him for legally observing federal immigration agents, arguing that those accused of that crime are typically cited and released.

Mesa police eventually cited Hernandez for trespassing and released him later in the afternoon, the department said.