A San Diego federal judge on Thursday granted the government’s request to force feed and hydrate an immigration detainee who has been on hunger strike for more than two weeks.

The Department of Homeland Security filed the request for an emergency temporary restraining order on Wednesday, saying the detainee at Otay Mesa Detention Center has not eaten since Aug. 4.

The 41-year-old man has been drinking water, but medical staff does not know how much because he has refused to disclose the amount and has not allowed any medical examinations, the detention center’s clinical director said in a declaration.

The physician said she is afraid the patient will begin to suffer serious health problems — if he hasn’t already — and that a prolonged hunger strike could result in death. The detention center, which is run by U.S. Immigration and Customs Enforcement, has asked for a court order to first physically examine the man — using soft medical restraints if necessary — and then forcefully feed and hydrate him if warranted.


On Thursday, U.S. District Judge Dana Sabraw granted the emergency request and will hear motions for a preliminary injunction on Friday.

“The Court finds that Plaintiff is likely to succeed in showing that its interests in preserving life and discharging its duties to care for those in its custody outweigh any interest Defendant might have in expressing himself through a hunger strike,” Sabraw wrote in the order.

It is not known if the detainee has legal representation.

The detainee, a Russian citizen, has been in immigration proceedings since November. He is considered an “inadmissible” who presented himself at a port of entry without proper entry documents.


It is unclear if he is seeking asylum. His next court date is set for the end of September.