ICE detainee passes away at Banner Desert Medical Center in Arizona

MESA, Ariz. — Oscar Rascon Duarte, a 58-year-old citizen of Mexico in ICE custody, was pronounced deceased by medical professionals at Banner Desert Medical Center at approximately 2:33 p.m. Sept. 8. His cause of death is under investigation. Duarte had been in long-term medical facility since January 2025 providing him medical care until his passing.

Rascon Duarte entered the United States on Sept. 10, 1976, near Douglas, without admission or parole by an immigration officer. He had lengthy criminal and immigration histories in the U.S.

On Feb. 11, 2004, while Rascon Duarte was in Arizona Department of Corrections custody, ICE’s Enforcement and Removal Operations Phoenix initiated removal proceedings against him, charging him with removability under the Immigration and Nationality Act and as an alien convicted of a crime involving moral turpitude.

On April 12, 2004, the Arizona Department of Corrections transferred Rascon Duarte to ERO Phoenix, which detained him at the Eloy Detention Center. An immigration judge ordered Rascon Duarte removed to Mexico on May 3 that year, and ERO Phoenix removed him the same day. He then reentered the U.S. at or near Nogales on May 3, 2004, without admission or parole.

The Phoenix Police Department arrested Duarte on Jan. 12, 2005, for sexual conduct with a minor, molestation of a child, failure to appear and a traffic violation. The Superior Court of Arizona in Maricopa County convicted him of attempted sexual contact with a minor and child molestation on July 19, 2005. For those offenses, he was sentenced to 20 years in prison and lifetime probation.

ERO Phoenix encountered Rascon Duarte at the Arizona Department of Corrections on July 28, 2005, and lodged an immigration detainer against him. When he completed his sentence on Jan. 6, the Arizona Department of Corrections transferred him to ERO Phoenix. He was once again placed in removal proceedings, charged with removability under the Immigration and Nationality Act. On the same day, he was transferred to the Florence Staging Facility and later to the Florence Hospital for evaluation.

Florence Hospital released him on Jan. 7 to ERO Phoenix, and he was transferred to Eloy Detention Center pending immigration proceedings. On Jan. 15, ICE Health Service Corps secured long term placement for Rascon Duarte at the Promise Hospital in Mesa, AZ, due to late-stage Alzheimer disease, right kidney cancer, and hepatitis C all of which required a higher level of care. On Jan. 16, Rascon Duarte was transferred to Promise Hospital, a long-term care facility which provided care up until his death.

Although an immigration judge in Eloy conducted an initial hearing on Rascon Duarte’s case Jan. 27, ultimately, proceedings were dismissed Sept. 10.

Consistent with ICE policy, ERO notified the U.S. Department of Homeland Security, Office of Inspector General, and the ICE Office of Professional Responsibility, through the Integrity Coordination Center. ERO also provided notification of the death to government authorities at the Mexican Embassy.

ICE makes official notifications to Congress, nongovernmental organization stakeholders, and the media upon an official report of a detained illegal alien’s death, and per agency policy, posts a news release with relevant details on the ICE public website within two business days. This information may be accessed in the ICE.gov Newsroom. Additionally, congressional requirements described in the DHS Appropriations Bill of 2018 require ICE to make public all reports regarding an in-custody death within 90 days. These reports may be accessed on the Detainee Death Reporting page.

ICE remains committed to ensuring that all those in its custody reside in safe, secure and humane environments. Comprehensive medical care is provided from the moment individuals arrive and throughout the entirety of their stay. All people in ICE custody receive medical, dental and mental health intake screening within 12 hours of arriving at each detention facility; a full health assessment within 14 days of entering ICE custody or arrival at a facility; access to medical appointments, and 24-hour emergency care. At no time during ICE detention is an alien denied emergent care.