Man arrested outside Tucson hospital no longer faces criminal prosecution

A Border Patrol operation outside St. Joseph’s Hospital on April 29 led to the arrest of the longtime Tucson resident, whom the Star is identifying only by his first name, Francisco, at the request of his wife, who is an asylum seeker.

A criminal complaint filed April 30 in U.S. District Court charged Francisco with illegal entry, a misdemeanor, and illegal re-entry, a felony, following his previous deportation in 2011.

On May 12, the U.S. Attorney’s Office in Arizona filed a motion to dismiss the criminal charges, but Francisco is still in detention facing deportation proceedings.

The U.S. Attorney’s Office does not comment on the reasons for dismissing criminal charges, said its Arizona spokeswoman, Esther Winne.

The Arizona Daily Star reported Sunday that the complaint appeared to contain multiple errors: The reporting border agent claimed Francisco entered the country April 29 — the day he was arrested at St. Joseph’s — and was detained “at or near” the border town of Sásabe, Arizona, 70 miles southwest of Tucson. It also said Francisco admitted to having entered the country on April 29.

But Francisco and his family maintain he’s lived in the country for many years, said attorney Luis Campos, who is representing Francisco in his immigration case.

A Customs and Border Protection spokesman said last week that Francisco was the target of a Border Patrol investigation before his arrest outside St. Joseph’s, part of the Carondelet Health Network.

Patti Tanner, communications director for Carondelet’s parent company, Tenet Health, said in a Wednesday email that the company has no comment on the arrest outside St. Joseph’s. The response came nearly two weeks after the Star first began seeking comment from St. Joseph’s Hospital leadership, Carondelet and its parent company, Tenet Health, without a reply.

The immigration operation outside a local hospital has heightened the fear among Tucson’s immigrant community about U.S. Department of Homeland Security enforcement in sensitive locations, such as hospitals, churches and schools.

At the time of his arrest, Francisco was accompanying a cousin who had sought emergency care at St. Joseph’s. His cousin fled from immigration agents in the hospital parking lot, and Francisco was arrested. His wife, Rosa, told the Star the cousin had been questioned repeatedly by hospital staff about his legal status, in the context of potential insurance reimbursement.