alonzo pena, former ice deputy director:"it's totally unnecessary, just not necessary to do that. she could have been given a notice to appear, she was just getting out of the hospital having surgery and they're going to put her in a detention facility. it's just not right."he says even though hernandez is undocumented, the border patrol's presence at the hospital was intrusive and unnecessary.alonzo pena, former ice deputy director: "those agents should be out on the line stopping drugs, stopping gang members /butted to/ protecting national security, not doing this to a 10-year-old girl who has just come out of surgery and has other medical issues." hernandez has cerebral palsy and the family says she has the mental capacity of a five-year-old. alonzo pena, former ice deputy director:"i don't think she understands what actually is going to happen to her, that she's not going to be able to see her family."she has cousins who are u-s citizens but she is not being released to them. instead, she was taken here from the hospital to a government licensed shelter here in san antonio.alo