An asylum seeker has been hospitalized after going on a hunger strike to protest being detained by Immigration and Customs Enforcement (ICE) for over a year. 

The refugee, identified only as Alex, entered the US in 2024 after presenting himself at the border claiming to have fled his home country due to fears of persecution. 

He scheduled an appointment with border authorities when entering the country but was told he would be housed in the Otay Mesa ICE facility in San Diego, California, while his asylum case was processed. 

Now 17 months later, he is still in ICE custody and has begun a hunger strike to protest his treatment. 

Alex was rushed to the hospital on Sunday, almost a week into his hunger strike. His condition is not clear and the Daily Mail has contacted ICE for comment. 

The migrant’s attorney, Linette Tobin, stated that he has never committed a crime and said his detention is ‘not because of anything he’s done.’ 

‘It’s not because he’s committed a crime or is even accused of a crime, but it’s because of what he believes and who he is,’ Tobin told NBC7. 

Tobin said Alex’s asylum case was initially denied and he has remained in ICE custody while awaiting an appeal, a process that she said has been delayed repeatedly due to a backlog in the immigration system. 

An asylum seeker, identified only as ‘Alex, has been hospitalized after going on a hunger strike to protest being detained by ICE for over a year

His hunger strike captured the attention of anti-ICE protesters at the Otay Mesa Detention Center in San Diego, California

Anti-ICE protesters gathered at the Otay Mesa Detention Center to protest Alex’s ongoing detention after his hunger strike captured attention on the West Coast this week. 

Tobin said she was not naming Alex’s home country because he fears persecution if he is sent back by the Trump administration. 

The attorney said she was denied a legal visit to meet with Alex amid his hunger strike and that she is concerned about his deteriorating condition. 

‘They said they were taking him to a hospital. I asked about his condition. They wouldn’t give me any answers. I asked about his treatment. They wouldn’t give me any answers. I asked which hospital. They wouldn’t tell me,’ Tobin said. 

‘I said, “Why not? I’m his attorney. I have a right to speak with him. He has a right to speak with me.” They said “No, for security reasons, we won’t give you any information.” I said, “How am I a security risk to my client?” No answer. Just, “Ma’am, we aren’t going to give you information”.’ 

Tobin said she is concerned for Alex’s mental health if he remains locked up and added that his case has been left in limbo by the complex immigration court system.  

‘He’s been in prison for a year-and-a-half, and he is facing easily two more years in prison,’ she said. 

‘It could be more than that. It’s just waiting for his case to be adjudicated. But that’s how long things are taking.’ 

The migrant’s attorney, Linette Tobin, stated that he has never committed a crime and said his predicament is ‘not because of anything he’s done’

Alex’s sister Lana said she has been heartbroken to see her brother struggling, and described him as ‘very sweet, really kind, a gentle person’

Alex says he is terrified of being returned to his home country, which has not been reported, due to fears he will be persecuted, which his attorney said would be ‘because of what he believes and who he is’

Alex’s sister Lana said she has been heartbroken to see her brother struggling and described him as ‘very sweet, really kind, a gentle person.’ 

She told NBC7 that her brother had been making art for other detainees to keep their spirits up, but said he stopped as his mental health struggled. 

‘He was really trying to make everything better, and every time that someone comes in new and they are depressed, he would help them,’ she said. 

‘It’s really horrible for me to see that he is definitely declining in his mood and hope.’

Tobin said her efforts to free Alex have so far failed, as a habeas corpus petition she filed was also rejected, as well as his first asylum claim. 

A habeas corpus petition attempts to challenge the lawfulness of a person’s detention in court. 

‘Our habeas judge was an outlier. The vast majority of district court judges all across the nation are approving these cases and releasing these people,’ she explained.

‘But people are randomly assigned to judges, so you never know who you’re going to draw.’ 

Protesters seen outside the Global Entry Passway checkpoint in San Diego, California, on February 12, 2026

The failure of the habeas corpus case was what led Alex to begin his hunger strike, as his attorney and sister said it was the last straw for him after over a year in detention. 

‘I was already concerned because the food situation there is like, no fruits, no fresh vegetables, so he already wasn’t that healthy,’ Lana said. 

‘I was really afraid and kind of trying to talk him out of it. But then he said, “I can’t do it anymore. I can’t just sit here and do nothing. It’s just – that’s the last thing I can do.” And he said that he’s willing to die for it.

‘He’s so terrified of being returned, that very well might be the case, that that is what he would prefer. At least it would be in his hands.’

As a last resort, Tobin said she offered the US government a deal to deport Alex to Mexico in exchange for giving up his asylum case, which she claims ICE rejected.

‘Rather than doing that, the US government continues to pay every day for him to be imprisoned,’ Tobin said.