Immigration and Customs Enforcement (ICE) will no longer track or report deaths of individuals who die shortly after being released from its custody, a policy shift that critics say could reduce transparency around the human impact of U.S. immigration detention.
The change reverses a 2021 rule introduced under the Biden administration, which required ICE to report to Congress and investigate deaths occurring within 30 days of a detainee’s release. That policy was designed to prevent the agency from avoiding accountability in cases where seriously ill individuals were released shortly before dying.
Under the previous system, deaths involving former detainees—such as those who were critically ill, brain-dead, or suffering from severe infections—were still reviewed to assess whether conditions in detention contributed to their decline.
Health experts who study detention-related deaths have strongly criticised the new approach.
“Tracking deaths immediately after custody is a standard approach that allows health systems in jails, prisons and immigration detention to learn about gaps in care that may occur before a person leaves a facility,” said Dr. Homer Venters, former chief medical officer of the New York City jail system. “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.”
ICE detainees frequently die in hospitals after being transferred for treatment when their health deteriorates in custody. Previously, many of these cases were still considered part of ICE’s broader custody-related mortality reviews.
The Washington Post first reported the policy change, which was later confirmed by the Department of Homeland Security (DHS), ICE’s parent agency.
In a statement, DHS described the revision as a matter of “common sense.”
“Under this updated policy, when an individual is no longer in ICE custody then ICE will no longer be responsible for monitoring or reviewing deaths that may occur,” the department said.
It added that ICE remains committed to transparency and will continue reporting deaths that occur directly in custody, including providing notification and internal reviews. However, the full updated policy has not yet been released.
The decision comes amid rising deaths in ICE detention facilities. At least 18 detainees have died since January 1, putting the system on track to surpass last year’s total, which was the highest in 20 years. Reports also indicate an increase in suicides among detainees, alongside preventable deaths linked to untreated or poorly managed medical conditions.
Dr. Sanjay Basu, an epidemiologist at the University of California, San Francisco, said the policy shift could distort mortality data.
“The period immediately following release is when deaths attributable to inadequate care during confinement become apparent,” he said. “Missed diagnoses, interrupted medications, untreated infections, and decompensating chronic conditions don’t always kill someone while they’re still in the building.”
As of early April, ICE was detaining more than 60,000 people nationwide, up from about 40,000 at the start of President Donald Trump’s second term. The agency maintains that detainees receive adequate medical care and rejects claims of neglect.
Earlier in the week, DHS acting assistant secretary Lauren Bis told reporters that no detainees had died in ICE custody in May, marking the first month without such a death since November. She did not address questions about any changes to reporting procedures at the time, but reiterated that “deaths in ICE custody are exceedingly rare.”
