Three immigrants die at El Paso ICE facility
A Nicaraguan immigrant arrested by ICE in Minneapolis has become the third detainee at Camp East Montana in El Paso to die after facing deportation.
EL PASO, Texas — The federal government agreed on January 27 not to deport a detainee who allegedly witnessed the death of a Cuban immigrant in a Texas jail earlier this month, which was ruled a homicide by a county medical examiner.
Gerardo Lunas Campos, a 55-year-old Cuban immigrant, died in custody on January 3 at Camp East Montana Detention Center in east El Paso, near the U.S.-Mexico border. When U.S. Immigration and Customs Enforcement announced his death, it said he was experiencing “medical distress” and the case was under investigation.
A Jan. 15 report in the Washington Post said the El Paso County Medical Examiner’s Office would likely rule Lunas Campos’ death a homicide, citing witness testimony that the guard had strangled him, a detail not included in ICE’s initial statement.
Following the report, the U.S. Department of Homeland Security issued a new statement saying Lunas Campos attempted suicide and then resisted security officials before dying. The county medical examiner later ruled the death a homicide due to asphyxiation due to neck and torso compression.
On January 27, DHS attorney Darryl Vereen and Christopher Benoit, an attorney for the immigrant family, agreed to a preliminary injunction that would prevent the six immigrants from being deported from the United States pending testimony about what they witnessed in the run-up to Lunas Campos’ death. Senior U.S. District Judge David Briones accepted the agreement during a hearing in the Albert Armendariz Superior U.S. Courthouse in downtown El Paso.
“They (Lunas Campos’ children) are simply seeking in this lawsuit the opportunity to ensure that the eyewitness testimony of those inside the camp who personally witnessed Mr. Lunas Campos’ death at the Fort Bliss facility is preserved,” Benoit said. “That’s what we were able to come to an agreement on and we hope the judge will issue an order here in the next day or so.”
Immigrant families demand justice and accountability
Last week, Lunas Campos’ family filed a Petition for Permanence of Testimony asking the six immigrants to remain in the United States as they plan to file a wrongful death lawsuit against DHS, Akima Global Services, LLC, and Acquisition Logistics, LLC.
Akima Global Services is the federal contractor providing personnel and security to Camp East Montana, and Acquisition Logistics, LLC was awarded a $1.26 billion contract to construct and operate the facility. Attorneys for Akima Global Services, LLC and Acquisition Logistics, LLC did not object to the January 27 agreement.
“The family is shooting to hold people accountable for whatever happens,” Benoit said. “But more importantly, they just want to know what happened.”
Benoit said eyewitness testimony provides an independent version of what happened, rather than relying on the government’s version.
“The testimony of independent witnesses who do not work at the facility or for the government is critical to getting a clear picture of what happened,” he said, adding that a “preservation letter” has been sent to ICE to preserve and share surveillance video inside the facility.
Attorney Max A. Schoening, who also represents the family, said Lunas Campos’ children lost their father and are looking for answers. Lunas Campos’ family did not attend the hearing.
“They are devastated by his death,” Schoening said. “They were shocked by the news. They are keen to ensure accountability for what happened.”
“What the children of Lunas Campos want in this case is to find out the truth about what the guards did to him in this facility by taking his life. They want justice,” he added. “They want accountability and they want to make sure this doesn’t continue to happen to other immigrants in ICE detention facilities across the country.”
Migrants expected to testify about events that led to their deaths
Immigrants who allegedly witnessed Lunas Camos’ final moments include Santos Jesús Flores, then-Antonio Azcon Fromcon, Henry Nemrin Bolaño, Jenry Meléndez, Mayron Paspuerto, and Kobi Ardeniz Nazaré.
The agreement means ICE officials will not deport or remove immigrants from the El Paso detention center until the end of February. Lawyers for Lunas Campos’ family need to obtain the deposition by the deadline.
Benoit said his team plans to interview the migrants next week. Once the depositions are completed, a hearing will be held to determine whether the immigrants will remain in the United States while Lunas Campos’ family pursues a wrongful death lawsuit.
Federal authorities allegedly tried to deport Flores and Frometa after they told the Post about what they witnessed before Lunas Campos’ death. A petition filed by the families seeking to stop the migrants’ expulsion claims they heard Lunas Campos repeatedly say “I can’t breathe” in Spanish (which means “I can’t breathe” in English).
Flores added that she could no longer hear Lunas Campos’ voice after hearing her say that she couldn’t breathe, the petition states.
Other immigrants said they heard Lunas Campos being choked by the guards and heard what sounded like a struggle between Lunas Campos and the guards, according to the petition, and some said they heard “a sound that sounded like a person’s body being slammed against the floor or wall.”
Contributed by: Reuters
