Mexican Court Drops Case Against Former Immigration Chief Over 2023 Detention Center Fire
Theo Al Jazeera English
A Mexican judge has dismissed the criminal case against Francisco Garduno, former head of the National Migration Institute, over the 2023 Ciudad Juarez detention center fire that killed 40 migrants. Victims' representatives called the ruling 'selective justice' and said they will appeal.
A Mexican judge on Tuesday ordered the dismissal of the criminal case against Francisco Garduno, former head of the National Migration Institute (INM), over a 2023 fire at a migrant detention center in Ciudad Juarez, Chihuahua state, that killed 40 people and injured 30 others.
It was the deadliest incident ever recorded at a Mexican migrant detention facility, sparking widespread criticism of the deficiencies and failures in the country's detention system.
Garduno had been charged with abuse of authority and dereliction of duty after video footage showed guards failing to respond to victims' cries for help.
Judge Victor Manlio Hernandez Calderon ruled that Garduno had completed the remedial measures ordered by the court. Representatives of the victims rejected the decision and said they would appeal.
"Yesterday, the corruption and irresponsibility of officials protected by power won once again," the Foundation for Justice, one of the NGOs representing some of the victims, wrote on social media on Wednesday.
The victims compared the judge's dismissal of the case to effectively absolving Garduno. In their view, the ruling "confirms that justice in Mexico is selective" and denies their right to "full reparation" as well as concrete guarantees that a similar incident will not happen again.
Attorney Miguel Zenteno of the foundation noted that the ruling is not final because it will be appealed, and that another injunction is pending regarding reparations imposed by the court, which critics say fall short of the standards required for incidents of this gravity.
How the fire unfolded
On March 27, 2023, about 70 men were packed into a locked, unventilated cell with almost no water at the Ciudad Juarez migrant detention center near the border with El Paso, Texas.
As night fell, a small group set some mattresses on fire in protest. Within seconds, smoke engulfed the entire area. Security cameras captured guards leaving the scene despite the screams for help. They made no attempt to open the cell gates. Only women held in a separate area were released. Most of the victims were Central American and Venezuelan.
Garduno, a former prison official who is now an Education Ministry official, led the INM from 2019 and remained in the post until 2025 despite the fire.
The judge had previously ordered Garduno to compensate the victims' families, provide free specialized medical care, issue a public apology, train immigration staff on human rights and guarantee the incident would not recur.
Attorney Zenteno acknowledged that the measures were only partially carried out, because Garduno did not pay the compensation required under the proceedings. Instead, the money came from the INM and did not fully compensate the families. In addition, the victims were not even informed how to access free medical services, and the apology was "merely formal and lacked substance."
Other defendants
Besides Garduno, prosecutors also charged another former director of the institute with the same offenses. Six immigration employees – including an army officer and a private security guard – along with two migrants accused of starting the fire face homicide and assault charges. Most of the officials remain free while awaiting trial.
