Surviving the Criminalization of Migration

by Ernesto Castañeda, Makenna Lindsay, and Natalie Turkington*

Survivor of Ciudad Juarez Migrant Detention Center Fire / Creative Commons License

On March 27, 2023, a fire at a migrant detention center in Ciudad Juarez, Mexico killed 40 migrants and injured 29 more. One of those injured was Justen (pseudonym), a man in his late 20s from El Salvador who lost six of his friends in the fire. Dr. Ernesto Castañeda, Director of the Immigration Lab and the Center for Latin American and Latino Studies (CLALS) sat down with Justen last year to discuss the horrors experienced inside of the center and what happened after. The following testimony reveals the cruelty inside the Ciudad Juarez detention center fire as well as the treatment victims encountered by both U.S. and Mexican officials after the fact. 

Justen mentioned how difficult it was to transit through Mexico. He crossed into Chiapas in a pickup truck under a tarp. Later in Northern Mexico, he was stopped and questioned. He claimed he was from Chihuahua, Mexico but the authorities decided that given his answers, he was not Mexican, and he was taken to an immigration detention center. At the center, people had different rights and access to necessities such as mattresses and water bottles—only if they had money to pay for them. After some of the immigrants complained that they had no water to drink, the officials would reply that it was not up to them to support them and that it was their fault “por andar migrando” for migrating. Some of the people detained got angry, put the mattresses together, and said “if you do not open the doors or give us water, we will burn them.” An agent said, “Que les vaya bien”— “farewell,” as he saw them light the place on fire and left without opening the door.  

When the fire broke out, Justen felt his skin getting too hot, the smoke made it hard to breathe. He ran to the bathrooms to try to get away from the flames and found dozens of people, all crammed together–there was no running water. He and others screamed “Please let us out! “We do not want to die!” However, migration officials did not open the door. Justen recalls that, “the immigration officials did not at any moment try to open the door or call other authorities or ambulances.” Trapped in the bathroom, Justen lost consciousness, thinking he would die being burnt alive.

He later heard people crediting a passing firefighter who saw the smoke, called the fire department, and ran towards the building. Firefighters stopped the fire before everyone died inside. Justen’s burnt but breathing body was brought to Mexico City where he underwent treatment and a hospital stay of over two weeks and was incubated for much of that time. Immediately following his discharge, he had multiple interactions with agents of the Mexican government to arrange lodging for the remainder of his recovery. “When I saw migración [migrant agents] there, I said, ‘Why, why are our aggressors looking out for us?’’ Even in his injured state, Justen recognized the paradox that although migration officials played a major role in his near-fatal condition, they also “helped” him to recover. Ironically, they also helped bring his mother from El Salvador for humanitarian reasons.  

This is not the only striking paradox illuminated by the fire. The fire, namely smoke inhalation and dehydration caused immense damage to Justen’s lungs and kidneys. The doctor told him that 90% organ function would be considered great given the extent of the organ damage; he would likely never recover full function and health. “…I have to keep living and be more cautious of my lungs, airways, and kidneys… if I ever get too dehydrated because this could jeopardize my life.” Indeed, he would often cough while we spoke. 

The sequelae are not only related to his physical health but also to his mental health. In the interview Justen shared that to this day he still hears the cries of people trapped screaming, ‘We don’t want to die! We don’t want to die!’, and his own screams: ‘I don’t want to die! I don’t want to die!’ Six of his travel companions died in the fire. He also expressed the mistreatment and further neglect he endured from the Executive Commission of Attention for Victims (CEAV), and the chronic health problems he must deal with because of the tragedy. 

Following the fire, Justen was allowed to apply for asylum in the United States. Given his condition, Justen was asked about his health care and public services access in the United States. He specifically notes the conditional nature of his asylee status he understood that “…it was a condition of the government that we were in good health and all that and not to be a public charge.” He will not apply to receive disability income and will depend on remittances from his wife in DC and a job the mom can find in Texas.

The acute irony of the situation is that the United States government played a pivotal role in the development of his condition by asking Mexico to more forcefully enforce its immigration policies and to dissuade Central American and other immigrants from reaching the U.S./Mexico border, and yet it granted him asylum as a survivor of a tragedy abroad. Nonetheless, in establishing such a condition, the U.S. evades its responsibility to not only protect migrants but to protect and honor the rights of asylees.  

As discussed in the book “Reunited: Family Separation and Central American Youth Migration,” Justen was on his way to the U.S. in part to reunite with his wife and family who are living in the Washington, DC area. Justen’s wife escaped violence from El Salvador and moved to Nicaragua, but then the situation got unstable in Nicaragua and she came to DC. Justen and his mother were relocated by non-profits to a city in Texas under humanitarian parole and applied asylum, but his wife is undocumented and cannot apply for asylum simultaneously because she was not traveling with him and she was not at the fire. Justen is not in condition to work yet, though his wife has a job in DC and therefore, they still live apart despite both being in the United States. Such family separations show how immigration laws tend to work at the individual level, putting family unity and well-being in a secondary place.  

Violence against immigrants, like that in the Ciudad Juarez fire is a direct result of immigrant restrictionism and the externalization of borders that we see in North America and Europe. There is a need for the public to pay closer attention to the realities experienced by migrants, asylees, and refugees. Unjust treatment which goes unnoticed points to the lack of care taken to uphold the human rights of those on the move.   

For more see: 

Délano Alonso, Alexandra. “Before and After the Juárez Fire.” CLALS Working Paper, no. 45 (2023). https://www.american.edu/centers/latin-american-latino-studies/upload/ssrn-id4655183.pdf 

Brashear, Madeline and Diaz, Sarah and American University, CLALS, No Right to Life: Lives Lost and the Legalized Violence That Shaped a Humanitarian Crisis in the Arizona Borderlands (November 15, 2023). Available at SSRN: https://ssrn.com/abstract=4634297 

Book Review: Migration and Mortality: Social Death, Dispossession, and Survival in the Americas https://www.academia.edu/108876335/Book_Review_Migration_and_Mortality_Social_Death_Dispossession_and_Survival_in_the_Americas 

Guerra, Sofia. Invisible Deaths. https://aulablog.net/2024/03/07/invisible-deaths/  

Copyleft Creative Commons. Reproduction with full attribution is possible by news media and for not-for profit and educational purposes. Minor modifications, such as not including the “About the Study” section, are permitted. 

*Ernesto Castaneda is the Director of the Center for Latin American and Latino Studies, and the Immigration Lab. He conducted the interviews and helped write the blog. Makenna Lindsay, Coordinator of the Immigration Lab, and Natalie Turkington, a Research Assistant with the Center for Latin American and Latino Studies at American University, transcribed and translated the interview, and drafted and edited this blog. 

Leave a comment

Leave a comment