Mexican court closes case against official over 2023 detention centre fire

Victims’ groups, however, have denounced the ruling as ‘selective’ justice that exonerates a former government head.

A Mexican judge has closed the case against Francisco Garduno, former head of the country’s immigration agency, for crimes related to the 2023 fire at a Ciudad Juarez detention centre that killed 40 migrants and injured 30 others.

The incident was the deadliest event ever to occur at a Mexican immigration centre, and critics said it exposed the shortcomings and irregularities in the country’s detention system.

Garduno faced trial for the crimes of abuse of public office and dereliction of duty after footage from the fire showed guards had failed to respond to cries for help.

On Tuesday, Judge Victor Manlio Hernandez Calderon ruled that Garduno had fulfilled the court-mandated measures required to address the damage. But victims rejected that decision and announced they would appeal.

“Yesterday, corruption and the impunity of politicians protected by power won again,” the Foundation for Justice, one of the NGOs representing some of the victims, wrote on social media on Wednesday.

The victims have also compared the judge’s decision to close the criminal case to a de facto exoneration for Garduno.

In their view, the ruling “confirms that justice in Mexico is selective” and denies the victims “full reparations” and concrete guarantees that such an event will not be repeated.

Miguel Zenteno, one of the foundation’s lawyers, noted that the ruling is not yet final because it will be appealed and because another injunction is pending against the court-mandated reparations, which critics say failed to meet the standards for serious events.

On March 27, 2023, some 70 men were crammed into a locked dormitory with no ventilation and barely any water at the Ciudad Juarez immigration detention centre, on the border with El Paso, Texas.

As night fell, a small group set fire to some mattresses in protest, and within seconds, smoke engulfed the entire area.

Security cameras recorded the guards leaving the area despite cries for help. They made no attempt to open the gates of the dormitory. Only the women, held in another cell, were released. Most of the victims were Central Americans and Venezuelans.

Garduno, a former prison guard and current official at the Ministry of Education, led the National Migration Institute (INM) starting in 2019 and continued in the role until 2025 despite the fire.

The judge had previously ordered Garduno to compensate the families, provide them with free specialised medical care, issue a public apology, provide human rights training to migration personnel and guarantee that the events would not be repeated.

Zenteno acknowledged that the measures were implemented only partially because Garduno did not pay the damages as stipulated by the legal process.

Instead, Zenteno pointed out that the funds came from the INM, and the payments did not fully compensate the families. Furthermore, he added, the victims were not even informed how to access free medical services, and the apology “was a mere formality, not substantive”.

In addition to Garduno, prosecutors accused another former director of the institute of the same crimes.

Six immigration agents – including a military officer and a private security guard – and the two migrants accused of starting the fire are charged with homicide and assault. Most of the officials remain free pending trial.