A 23-year-old Brazilian who tried to enter the United States illegally and was in the custody of authorities in the state of New Mexico died last Wednesday (24), according to a bulletin released by the American immigration agency (ICE, in acronym in English) on Friday (26). The cause of death is being investigated.
Kesley Vial was captured in April by US Border Patrol agents in the city of El Paso, Texas. He was transferred to ICE custody the same month and later to the Torrance County detention center in New Mexico. There, he awaited a court decision as to whether he could remain on American territory or whether he would be deported.
According to ICE, Vial was found unconscious on August 17 on the premises of the detention center. The agency said the local medical team was called and the Brazilian was then transferred to the University of New Mexico Hospital, where he died a week later.
The last few months have seen an increase in the capture of undocumented Brazilian immigrants in the US. The May data shows, for example, that an average of 165 people from Brazil were barred from trying to enter the US via Mexico, reinforcing an upward trend since the beginning of the year.
Many of the Brazilians detained remain in a precarious situation, says César Rossatto, honorary consul of Brazil and professor at the University of Texas. “There are cases in which people do not eat properly, there are reports of racism and poor hygiene. Sometimes detainees are left out in the cold.”
Since 2020, at least eight Brazilians have died trying to make the crossing. There are also reports of kidnappings, rapes, extortion and abandonment along the way.
The US immigration agency says that fatalities involving people in its custody are extremely rare. “ICE is firmly committed to the health and well-being of all those in its custody and conducts a comprehensive review of this incident. [com Kesley Vial]”.
The agency further states that it ensures the provision of necessary health care services as required by US standards and also based on the needs of each individual. The care, according to ICE, includes medical, dental and mental health screening within 12 hours of arrest, as well as a full assessment within two weeks and full access to emergency services.
In Vial’s case, ICE claims to have followed protocol in notifying the Department of Homeland Security and the Brazilian consulate in Houston of Vial’s death. The notice to family members was given by the University of New Mexico Hospital, according to the agency.
Kesley Vial’s family started an online fundraiser to cover the cost of transporting the body to Danbury, Connecticut, where family members live. The goal is to collect US$ 28,000 (R$ 142,500), of which just over US$ 7,000 had been raised until early this Saturday afternoon (27).
“He was arrested on the crossing from Mexico to the United States and lost his life before he had the chance to at least return to Brazil to continue his journey,” reads the text published on the crowdfunding page.
THE Sheet contacted Vial’s family members, but did not receive a response until the publication of this report.
Earlier this month, the US Department of Homeland Security announced the end of a measure that forces asylum seekers to wait in Mexico until the application is processed in US courts.
The Migrant Protection Protocol — a policy that became known as the “Stay in Mexico” — was instituted by then-President Donald Trump in 2020 and has sent at least 70,000 asylum seekers to the neighboring country since it took effect. The program has been criticized for putting vulnerable people in border towns under unsafe conditions.
