In brief
The policy change, announced Thursday, eliminates the reporting of deaths that happen within 30 days of a detainee’s release from ICE custody. This follows a 2021 requirement under the Biden administration that aimed to prevent medical neglect by ensuring deaths were investigated. Experts warn that ending the practice will mask preventable deaths, including suicides, infections, and complications of chronic diseases. Since January, 18 detainees have died—pacing toward a death toll that tops the record from the previous year. The U.S. is currently detaining over 60,000 individuals across its facilities, up from 40,000 at the start of 2021. The DHS statement says ICE remains committed to transparency and “timely notification” of deaths that occur in custody, although the new policy will exclude deaths post-release.
The U.S. Immigration and Customs Enforcement agency announced Thursday that it will no longer report the deaths of detainees who are released from its custody, a shift that could hide the full human cost of Trump‑era mass detention policies.
Under the new rule, ICE will cease monitoring or reviewing deaths that occur after an individual is no longer in custody. In the 2021 policy implemented by the Biden administration, ICE was required to report to Congress and investigate any detainee death that happened within 30 days of release, so that death could not be attributed to post‑release neglect.
Experts have warned raising concerns over the change.
Tracking deaths immediately after custody is a standard approach that helps health systems in jails, prisons and immigration detention learn about gaps in care, said Dr. Homer Venters, former chief medical officer of the New York City jail system. He added, “Eliminating reporting of these deaths represents a willful act of ignoring the most serious health outcome that can reflect inadequacies in care or help track outbreaks.”
Health care outcomes are likely to worsen. After the policy shift, at least 18 detainees have died since January 1, which is on pace to surpass last year’s total—the highest in two decades. Many of these deaths are suicides, while other deaths from natural causes could have been prevented with timely medical care.
The period immediately following release is when deaths attributable to inadequate care during confinement become apparent, he explained. Missed diagnoses, interrupted medications, untreated infections and decompensating chronic conditions don’t always kill someone while they’re still in the building.
ICE’s numbers remain opaque. As of early April, ICE was holding more than 60,000 detainees across its national network—a sharp rise from around 40,000 at the start of President Donald Trump’s second term. ICE has denied allegations of medical neglect, insisting detainees receive comprehensive health care.
“ICE is committed to transparency,” an unnamed DHS spokesperson said. The statement also mentioned that ICE’s revised policy includes “timely notification, review and reporting of deaths occurring in ICE custody.” However, the agency has not yet released the full updated policy.
Policy changes come amid rising death toll. In May, ICE’s acting assistant secretary Lauren Bis reported that no detainee died in its custody, a first month without a death since November. She did not address whether any death reporting policies had changed at that time. The DHS statement framed the new policy as “common sense,” a characterization that critics have disputed.
—Associated Press reporter Michael Biesecker in Washington, D.C., contributed*
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