Victims’ groups have denounced the ruling as “selective” justice that exonerates a former government official.
Mexico’s judicial system has closed the criminal case against Francisco Garduno, the former director of the National Migration Institute (INM), regarding his alleged involvement in the 2023 fire at a Ciudad Juarez detention facility that resulted in 40 migrant deaths and 30 injuries.
The incident marked the deadliest event in the history of Mexican immigration detention centers and highlighted significant deficiencies in the nation’s detention protocols. Critics argued that the tragedy exposed systemic failures and irregularities within the country’s immigration custody framework.
Garduno had been prosecuted on charges of abuse of public office and dereliction of duty following video evidence showing detention center staff failed to respond to desperate calls for assistance during the fire.
Judge Victor Manlio Hernandez Calderon announced on Tuesday that Garduno had satisfied the court-ordered reparations measures. However, victims and their advocates have rejected this determination and vowed to appeal the decision.
“Corruption and political impunity once again triumphed,” stated the Foundation for Justice, an NGO representing victim families, in a social media statement on Wednesday.
Victim representatives have characterized the court’s decision to dismiss the criminal case as effectively exonerating Garduno. They argue the ruling demonstrates that justice in Mexico operates selectively, denying victims comprehensive reparations and meaningful guarantees against future tragedies.
Miguel Zenteno, a lawyer for the victim advocacy group, emphasized that the ruling is not yet final due to pending appeals and an ongoing injunction challenging the adequacy of court-mandated reparations, which critics contend fall short of acceptable standards for incidents of such severity.
The fire occurred on March 27, 2023, when approximately 70 men were confined in a locked dormitory with insufficient ventilation and minimal access to water at the Ciudad Juarez immigration detention center, located on the U.S. border near El Paso, Texas.
As evening approached, a small group initiated a protest by setting fire to mattresses, and the flames rapidly spread throughout the overcrowded space.
Surveillance footage captured guards evacuating the area despite audible pleas for help. They made no effort to unlock the dormitory gates, while only female detainees housed in separate cells were released. The majority of victims were from Central American countries and Venezuela.
Garduno, a former prison guard who later joined the Ministry of Education, served as INM director from 2019 until 2025, continuing in his role even after the devastating fire.
The presiding judge had previously mandated that Garduno compensate victim families, provide complimentary specialized medical care, offer a public apology, implement human rights training for immigration personnel, and ensure preventive measures to prevent similar incidents.
While Zenteno acknowledged that some corrective actions were implemented, he noted they were only partially fulfilled, particularly citing Garduno’s failure to personally pay damages as specified in the legal proceedings.
Zenteno further pointed out that financial compensation was ultimately sourced from INM resources rather than from Garduno directly, and the payments proved insufficient for families. Additionally, victim families reported never receiving information about accessing free medical services, and described Garduno’s apology as ceremonial rather than substantive.
In addition to Garduno, prosecutors had brought identical charges against another former INM director.
Six immigration enforcement personnel—including a military officer and a private security guard—along with the two migrants accused of starting the fire, face charges of homicide and assault. Most of these officials remain undetained while awaiting trial.
