A federal judge in Texas authorized the Immigration and Customs Enforcement (ICE) to forcibly feed a detained Cuban who is on a hunger strike, even by means of a surgically placed tube through the abdomen and without his consent, according to an exclusive investigation by The Guardian.
The man, whose identity has not been revealed, was arrested by ICE on July 22 and began a hunger strike three days later. He is currently at the ICE Processing Center in Montgomery, near Houston, a private facility operated by GEO Group.
On August 19, federal judge Andrew Hanen authorized ICE to force-feed him. Court documents reviewed by The Guardian indicate that the Cuban was subjected to feeding through a nasogastric tube during August, inserted through the nose to the stomach.
On September 1, ICE requested an extension of the authorization, and Hanen agreed. The new order, effective until mid-September, also allows for the use of a percutaneous endoscopic gastrostomy, a procedure that involves creating an opening in the abdomen to place a tube directly into the stomach.
The authorization allows for that intervention to be carried out without the detainee's consent.
A procedure that had not been documented in other cases
The Guardian noted that it had not previously identified the authorization for this type of abdominal surgical probe in other cases of forced feeding of detainees from ICE examined by the newspaper.
Typically, when a judge authorizes force-feeding, the detainee is restrained while medical personnel insert a tube through the nose and throat to deliver nutrients directly to the stomach.
The Department of Homeland Security (DHS) reported on Thursday that the Cuban had "resumed his food and drink" and was no longer being force-fed.
However, the organization did not specify whether the man ended his hunger strike or how many times he had been force-fed prior to that decision.
He has had a deportation order since 2004
According to the DHS, the Cuban entered the United States illegally in 1980 and has a pending deportation order since 2004.
The government also stated that he had previously been convicted of crimes including aggravated assault with a weapon, serious bodily injury, drug possession, and carrying a concealed firearm. The DHS maintained that he has been guaranteed due process and will remain in ICE custody until his removal from the United States.
The Guardian decided not to publish his identity because they were unable to make contact with him. Much of the court records related to the case remain sealed, and according to the newspaper, the Cuban currently does not have legal representation.
Critiques from civil rights organizations
The authorization to carry out involuntary medical procedures has sparked criticism from civil rights advocates.
Savannah Kumar, a lawyer with the American Civil Liberties Union (ACLU) of Texas, questioned whether ICE could resort to such invasive measures in response to a hunger strike, stating that the case highlights what she described as the "horrors" that can occur within detention centers.
For her part, Eunice Cho, an attorney specializing in immigration and civil rights, found it particularly concerning that the detainee lacks legal representation while the government seeks judicial authorization to subject him to invasive medical procedures without his consent.
The case would be number 19 identified by The Guardian since January 2025 in which ICE obtained judicial authorization to carry out involuntary medical procedures related to hunger strikes.
The episode is also known amidst broader concerns about the treatment of immigrants in custody. The use of force in ICE detention centers
The current court authorization expires in mid-September.
Este caso forma parte de una serie de decisiones judiciales que afectan a detenidos bajo custodia migratoria en Estados Unidos. Sigue toda la actualidad sobre para mantenerte informado sobre los últimos desarrollos en materia de deportaciones, detenciones y derechos de los migrantes.
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