ICE To No Longer Report Deaths Of Recently Released Detainees
U.S. Immigration and Customs Enforcement (ICE) will no longer report the deaths of detainees that happen within 30 days of their release.
“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,” ICE announced on X. “This is common sense. ICE is not responsible when an individual passes away weeks after leaving their custody.”
The agency stated that it “remains committed to transparency regarding detainee deaths. This updated policy outlines procedures for timely notification, review and reporting of deaths occurring in ICE custody, including notifying next of kin, consulates, Congress and the public.”
The Washington Post reported that President Biden implemented the policy in 2021 to ensure ICE was held accountable when it released detainees who had serious medical conditions.
“The policy changed to make clear that ICE should not release people simply to avoid deaths in custody,” Deborah Fleischaker, who served as acting chief of staff at the time of the policy implementation, told the outlet.
ICE has been facing scrutiny over detainee deaths, particularly since enforcement increased drastically on the second Trump administration. CNN reported that at least 50 people have died while in ICE custody in Trump’s second term.
So far this year ICE has reported 18 deaths.
A Journal of the American Medical Association study found that 2025 was the highest number of deaths in ICE custody in more than 20 years. In fact, 2025 was deadlier for ICE detainees than 2020, despite the COVID-19 pandemic.
The study also took into account the higher detention population under the Trump administration, noting that the mortality rate in 2025 was the highest it had been since 2006.
“Recent increases in mortality occurred alongside major operational changes reported in 2025, including disrupted or terminated oversight mechanisms, rapid detention expansion with reports of overcrowding, and potentially delayed medical care (eg, prescription payment processing) associated with the termination of US Department of Veterans Affairs’ claims-processing support,” the study stated. “These fluctuations raise questions regarding the consistent implementation of existing standards for health services in these facilities.”
CNN noted that the number of detainee deaths in 2026 is so far outpacing the number of deaths that occurred in 2025.
According to TRAC, an organization that follows the detainee population, ICE was holding 60,311 people in custody as of early April. Of those, 70 percent had no criminal convictions.
