A federal judge in Texas has granted the Immigration and Customs Enforcement (ICE) authority to forcibly feed a detained Cuban man who is on a hunger strike, even if it involves surgically inserting a tube through his abdomen without his consent, according to an exclusive report by The Guardian.
The detainee, whose name remains undisclosed, was taken into custody by ICE on July 22 and initiated a hunger strike three days later. He is currently held at the ICE Processing Center in Montgomery, near Houston, a private facility managed by GEO Group.
Legal Authorization for Invasive Procedures
On August 19, Federal Judge Andrew Hanen approved ICE’s request for forced feeding. Court documents reviewed by The Guardian reveal that during August, the Cuban was subjected to nasogastric feeding, involving the insertion of a tube through the nose to the stomach.
On September 1, ICE sought to prolong the authorization, and Judge Hanen complied. The updated order, effective until mid-September, also permits the use of percutaneous endoscopic gastrostomy, a procedure creating an abdominal opening to place a tube directly into the stomach without the detainee’s consent.
Unprecedented Medical Measures
The Guardian highlighted that this kind of surgical abdominal feeding tube has not been documented in other ICE force-feeding cases previously examined by the newspaper.
Typically, when forced feeding is authorized by a judge, the detainee is restrained while medical personnel insert a tube through the nose and throat to deliver nutrients directly to the stomach.
On Thursday, the Department of Homeland Security (DHS) reported that the Cuban had "resumed eating and drinking" and was no longer being forcibly fed. However, the agency did not clarify if he had ended his hunger strike or how many times he was forcibly fed before this decision.
Longstanding Deportation Order
According to the DHS, the Cuban entered the United States illegally in 1980 and has had a deportation order pending since 2004.
The government also stated he has prior convictions for offenses including aggravated assault with a weapon, serious bodily injury, drug possession, and carrying a concealed firearm. DHS asserted that due process has been afforded and that he will remain in ICE custody until his removal from the United States.
The Guardian chose not to disclose his identity due to unsuccessful attempts to contact him. Many of the court records related to the case are sealed, and according to the newspaper, the Cuban does not currently have legal representation.
Criticism from Civil Rights Groups
The authorization for involuntary medical procedures has attracted criticism from civil rights advocates.
Savannah Kumar, an attorney for the American Civil Liberties Union (ACLU) of Texas, criticized ICE’s use of such invasive measures in response to a hunger strike, describing the case as revealing the "horrors" that can occur within detention centers.
Eunice Cho, a lawyer specializing in immigration and civil rights, expressed concern over the detainee’s lack of legal representation while the government seeks judicial approval for invasive procedures without his consent.
This incident marks the 19th case identified by The Guardian since January 2025 where ICE has received judicial authorization for involuntary medical procedures involving hunger strikes.
The case emerges amid broader scrutiny over the treatment of immigrants in custody. The use of force in ICE detention centers increased by 37% in 2025 compared to the previous year, while the ACLU filed a lawsuit in June against the country's largest immigrant detention center over reported conditions.
The current judicial authorization is set to expire in mid-September.
This case is part of a series of judicial decisions affecting detainees in U.S. immigration custody. Stay updated on U.S. Immigration news to keep informed about the latest developments in deportations, detentions, and migrant rights.
Frequently Asked Questions on ICE Force-Feeding Cases
What is ICE's protocol for handling hunger strikes?
ICE typically seeks judicial approval for force-feeding when a detainee is on a hunger strike. This can involve the use of nasogastric tubes or more invasive procedures, such as percutaneous endoscopic gastrostomy, depending on the court's authorization.
Why was the Cuban detainee on a hunger strike?
The specific reasons for the Cuban detainee's hunger strike have not been disclosed. Hunger strikes are often used by detainees as a form of protest against detention conditions or legal proceedings.
Has ICE been criticized for using force-feeding?
Yes, ICE has faced criticism from civil rights groups and advocates for using force-feeding techniques, which are seen as invasive and a violation of detainees' rights, especially when consent is not given.