This rights guide explains the rights of people held in U.S. immigration detention to reasonable medical care and humane conditions, and the right to be free from unconstitutional force while in civil custody. It also explains practical rights and avenues families can use to seek information, preserve evidence, and request oversight when a detained person dies.
The guide uses reported circumstances surrounding Geraldo Lunas Campos — a 55-year-old Cuban national who died on January 3, 2026, at Camp East Montana at Fort Bliss in El Paso, Texas — to explain what these rights are, how to exercise them, and what to do when official accounts and preliminary medical findings appear to diverge.
Legal basis (core authorities)
Immigration detention is generally treated as civil, not criminal. That distinction matters, but it does not remove constitutional protections.
Key legal foundations include constitutional provisions, statutes, and regulations that establish baseline protections and processes enforceable through counsel, complaints, and litigation when appropriate.
- Fifth Amendment Due Process Clause (applies to “persons,” not only citizens): protects civil detainees from punitive conditions and from force that violates due process.
- Eighth Amendment principles (cruel and unusual punishment) often inform standards of care in custody; for civil detainees, the Constitution typically analyzes conditions and force under due process rather than punishment frameworks.
- INA § 236 (8 U.S.C. § 1226) and INA § 241 (8 U.S.C. § 1231): authorize detention pre- and post-final order, with different procedural consequences.
- 8 C.F.R. § 236.1: governs custody and bond procedures for many detainees in removal proceedings.
- Federal court decisions such as Zadvydas v. Davis, 533 U.S. 678 (2001) have shaped detention limits (for example, post-order detention has constitutional limits when removal is not reasonably foreseeable).
These provisions do not guarantee outcomes in any individual case but they establish baseline protections and processes that can be enforced through counsel, complaints, and litigation when appropriate.
1) Incident overview: why the first narrative matters for oversight
Essential facts (as publicly reported): ICE announced that Geraldo Lunas Campos, 55, a Cuban national, died in ICE custody on January 3, 2026, at Camp East Montana, a large tent-based detention operation at Fort Bliss in El Paso, Texas.
ICE’s initial public framing referenced “medical distress.” Later reporting described preliminary medical examiner information indicating asphyxia due to neck and chest compression, and a recorded call in which a medical examiner employee reportedly said the manner of death was believed likely to be listed as homicide, pending final toxicology.
That early framing matters because detainee deaths often trigger multiple, parallel reviews with different powers and standards. A facility review may focus on compliance and policy. A medical examiner focuses on medical cause and legal manner of death. Federal investigators may assess civil rights, criminal exposure, or administrative misconduct.
Patterns in detainee death reporting have appeared in other incidents, including a Ste. Genevieve death probe and a separate case involving a Moshannon shower death.
Why this is a rights issue: In any custodial death, the family’s ability to get accurate information and preserve evidence can affect later accountability — whether through internal discipline, policy change, civil claims, or criminal referral.
2) Official statements and timeline: how to read them without speculating
What ICE typically includes in a detainee death notice: ICE death notifications often state identity, age, nationality, date/time pronounced, location, and a brief description such as “medical distress,” while noting the cause is under investigation.
In this case, ICE reported that Campos “was pronounced deceased at 10:16 p.m.” and said the cause was under investigation.
ICE’s conduct narrative (segregated housing; medication line disruption): ICE later stated Campos had been placed in segregated housing after becoming “disruptive” while waiting for medication. Operationally, “segregated housing” can mean separation from general population for administrative, disciplinary, or safety reasons.
Segregated housing may involve increased restrictions, different supervision patterns, and different documentation and camera coverage. Medication-line disruptions can raise questions about continuity of care and whether symptoms were present earlier.
DHS statement and why medical examiner references matter: A DHS statement addressed the discrepancy between the initial “medical distress” framing and the medical examiner’s preliminary findings. When agencies reference medical examiner findings, it often signals that the agency is responding to an external assessment that can carry independent weight.
What remains unverified until full reports: In cases like this, critical facts may remain unknown for weeks or months, including final toxicology, the final autopsy report, full video context, witness statements, exact restraint methods used, staff training compliance, and timing of medical response.
For broader context on detention processes and why information can be fragmented early on, see an ICE detention overview.
Warning: Official statements are not the same as sworn testimony or final investigative findings. Avoid drawing conclusions from early summaries. Focus on preserving records and meeting deadlines.
3) Key facts and statistics: why scale affects safety and response capacity
National context can shape what happens inside facilities, including staffing, medical coverage, and incident response. Scale affects whether facilities can maintain adequate medical staffing, supervision, and timely emergency response.
Enforcement funding levels can affect expansion pace, contracting decisions, and whether oversight keeps up with growth. Year-over-year detainee-death counts are often used by lawmakers and advocates as a systemic risk indicator. Context does not prove causation in any one case.
Figures reported in the source context: As of January 7, 2026, ICE detained about 69,000 people. Congress passed a 2025 budget increase described as nearly $170 billion in this reporting context. FY 2025 was described as having at least 30 detainee deaths, and four deaths occurred in the first 10 days of 2026.
Related reporting has tracked how these pressures intersect with policy, including coverage of detention expansion impacts and the 70,000 peak.
4) Context and significance: “cause” vs. “manner” of death, and what “homicide” implies procedurally
Families often hear terms that sound conclusive but are not. Cause of death is the medical mechanism (for example, “asphyxia due to neck and chest compression”).
Manner of death is a legal classification (typically natural, accident, suicide, homicide, or undetermined). A “homicide” manner finding generally means death resulted from another person’s actions. It does not by itself establish criminal intent or guilt.
In custodial settings, “medical distress” narratives can overlap with restraint events. Someone may experience a medical emergency. Force or restraint may be used. Those interactions can become the focus of later scrutiny, including whether force was necessary, proportional, and consistent with policy and constitutional limits.
A medical examiner’s consideration of homicide typically triggers heightened investigative steps: evidence preservation, more interviews, collection of video and medical records, and possible referral for criminal review if facts support it. Due process still matters for everyone involved. Allegations, preliminary findings, and final determinations are different things.
5) Facility and operational context: why temporary or surge sites raise healthcare continuity concerns
Camp East Montana has been described as a sprawling tent detention center on a military base. Temporary or surge detention settings can create recurring challenges that directly affect detainee rights.
- Climate exposure and infrastructure limits: Tents may mean higher heat/cold exposure risk and more reliance on temporary systems.
- Staffing ratios and training: Rapid ramp-ups can strain recruitment, supervision, and consistency in protocols.
- Medical access and medication continuity: Medication lines, delays, and shortages can become acute in high-volume facilities. Gaps in mental health screening can be especially dangerous in segregated housing.
- Emergency response time: Layout and staffing can affect how quickly staff can recognize distress and provide aid.
Public reporting has included criticism from human-rights organizations about conditions at such sites. Still, conditions can vary by unit, by day, and by staffing levels. In any individual case, the most reliable picture comes from records: logs, medical charts, camera footage, and contemporaneous communications.
6) Impact on families and oversight: what agencies can (and can’t) do
Family documentation: why it matters
In this reporting, Campos’s daughter shared recordings and called for accountability. Families can protect their position by keeping a timeline file.
- Dates and times of calls, voicemails, and messages
- Names and titles of officials spoken to
- Copies of notices, medical records provided, and funeral home communications
- Written summaries of what was said, as close in time as possible
This helps counsel assess options and helps oversight bodies evaluate consistency.
Oversight ecosystem (common players)
In detainee death matters, jurisdictions often overlap among medical examiners, federal investigators, and internal oversight offices.
- Medical examiner (county or local): Determines cause and manner of death and issues the autopsy report. The medical examiner does not prosecute, but findings can drive investigations.
- FBI: May investigate potential federal criminal violations, including certain civil rights matters, depending on facts and jurisdiction.
- DHS Office of Professional Responsibility (OPR): Investigates employee misconduct within DHS components. OPR’s work is administrative, but it may refer matters.
Possible outcomes can include administrative findings, policy changes, personnel action, civil litigation (often involving the Federal Tort Claims Act or constitutional claims), or criminal referral. Which path is viable depends on evidence, venue, immunities, and deadlines.
Deadline warning: Civil claims against the federal government can have strict notice and filing rules. Families should consult counsel quickly to avoid losing rights.
Who has these rights (citizens, LPRs, visa holders, undocumented)?
Most detention-condition protections apply to all “persons” in U.S. custody, regardless of status. That includes undocumented individuals in removal proceedings, asylum seekers, visa holders, and lawful permanent residents placed in removal proceedings.
In limited contexts, even U.S. citizens can end up in immigration detention due to errors; constitutional protections still apply. Immigration status can affect custody authority and release options, but it generally does not erase baseline constitutional protections against abusive force or deliberate indifference to serious medical needs.
How to exercise the right in practice (for detainees and families)
For detainees (if you are in ICE custody)
- Ask for medical care in writing when possible. If you can, keep a copy or note the time, staff name, and exact request.
- Report symptoms clearly and repeatedly. Use specific language: chest pain, shortness of breath, dizziness, suicidal thoughts.
- If moved to segregation, ask why and ask for medical and mental health checks. Document medication interruptions.
- Do not guess when giving statements. If an incident occurs, you may request counsel before providing a detailed narrative.
For families (if a loved one is detained)
- Request records promptly. Ask for medical logs, incident reports, and confirmation of where the person was housed.
- Preserve communications. Save call logs, commissary or messaging records, and any written requests the detainee made.
- Seek counsel early. An attorney can send preservation letters and pursue records in a structured way.
Warning: Rights are often lost through delay. Video retention policies can be short. Act quickly to preserve evidence through counsel.
Common ways rights are waived or lost
- Signing documents without understanding them, including statements prepared by others.
- Missing bond redetermination or appeal deadlines in immigration court custody decisions.
- Failing to report medical needs or discontinuities, leading to later disputes about notice.
- Delayed legal action that results in lost video, lost witness contact, or expired claim deadlines.
Even when a person has a criminal history, due process protections and basic custodial care standards still apply. Labels in public statements do not decide constitutional questions.
If you believe rights were violated: practical next steps
- Contact an immigration attorney and, if a death or serious injury occurred, consider counsel experienced in federal litigation and detention-related claims.
- File oversight complaints (often best done with attorney guidance to avoid inconsistent statements).
- Request the autopsy and toxicology status from the medical examiner’s office.
- Maintain a single, dated chronology of events and communications.
7) Official sources and how to track updates (repeatable checklist)
To monitor developments, use official sources and keep a structured record. ICE and DHS updates may be periodic rather than daily. Corroborate major claims by comparing agency statements with medical examiner updates and credible reporting.
Official pages to check: ICE detainee death reporting, ICE newsroom, and DHS newsroom are primary sources to monitor for official updates.
Tracking checklist (recommended): Keep a dated log of updates noting what changed, what remains unknown, and the next expected milestone (for example, final autopsy completion or internal review outcome).
When accounts conflict, focus on what is documented and what is still pending. Preserve records and preserve legal rights by acting promptly.
Legal help resources
A useful referral resource is AILA Find a Lawyer for locating immigration counsel.
Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
Medical Examiner Likely to Classify ICE Detainee Death as Homicide
This guide outlines the constitutional rights of immigration detainees to humane treatment and medical care. Using the 2026 death of Geraldo Lunas Campos as a case study, it explains the roles of medical examiners and federal investigators. It provides practical advice for families to preserve evidence, understand official timelines, and navigate the complex oversight ecosystem involving ICE, DHS, and the FBI during custodial investigations.
