Mexico pursues criminal proceedings to seek justice for Mexicans who have died in ICE custody

The Mexican government’s promise to take action against the deaths of Mexicans at the hands of immigration officials in the United States has taken shape. Foreign Secretary Robert Velasco announced this Thursday that the Department of Foreign Affairs has asked the Attorney General’s Office of Mexico to formally file charges against officials from US state attorney general’s offices and the US Department of Justice regarding deaths that occurred under circumstances that remain unclear so that a criminal investigation can be conducted. Additionally, the agencies will file civil complaints against private companies that operate migrant detention centers across the border, where 14 Mexicans have died, to force them to cease operations.

President Claudia Sheinbaum’s administration is thus abandoning its attempts to resolve, through diplomatic channels, the cases of 17 Mexicans who died while in ICE custody in the United States—14 in detention centers and three during operations to apprehend them. Her team has sent a total of 11 formal diplomatic protest letters to the US government demanding a “prompt and thorough investigation” into each of the deaths that have occurred since Donald Trump’s aggressive anti-immigration policy took effect. However, there has been no satisfactory response to the letters. A complaint had also been filed with the Inter-American Commission on Human Rights (IACHR), although its recommendations are not binding on Washington. In light of the new deaths and the lack of progress in the investigations in the United States, the Mexican government has decided to escalate the matter to the criminal justice system.

Velasco stated that, at the same time, the Foreign Affairs Office will request that the IACHR, together with civil society organizations, protect Mexicans who are being held in detention centers across the border. Data from the Sheinbaum administration indicates that since January 20, at least 177,192 Mexican nationals have been detained and that more than 13,722 remain behind bars due to their immigration status. A request will also be made to UN High Commissioner for Human Rights Volker Türk to demand protection for nationals in ICE custody.

The president announced the escalation of complaints from Mexico two days after news broke of the latest violent death of a Mexican migrant during an operation in Houston, Texas. Lorenzo Salgado Araujo, who had been living in the United States for 30 years, was driving when he was stopped, and, according to the immigration agency, he drove his car in a panic toward the agents, who opened fire. Salgado died shortly afterward in the hospital. “Not only is this sad and regrettable, but it appears to be targeted. Therefore, we have decided [to pursue criminal charges]. Obviously, we will maintain diplomatic relations by filing a formal complaint with the state prosecutors’ offices and the U.S. Department of Justice against whoever is found responsible for what we consider to be homicides,” the president stated.