ICE will stop reporting on deaths of recently released detainees; a 'common sense' measure: Homeland Security

US Immigration and Customs Enforcement (ICE) will cease reporting on the deaths of detainees recently released from its custody, a policy shift that critics fear could obscure the full human cost of the administration's detention policies. The move revokes a 2021 policy implemented under the Biden administration that mandated ICE report to Congress and investigate deaths occurring within 30 days of a detainee's release.

The 2021 policy aimed to prevent ICE from evading accountability for deaths by releasing severely ill individuals. In the past, detainees who were brain-dead or suffering from infections died shortly after ICE released them. Two health experts who have investigated deaths in ICE custody criticized the change, stating that tracking deaths immediately after custody is a standard approach that helps identify care deficiencies.

"Eliminating the reporting of these deaths represents a deliberate act of ignoring the most serious health outcomes, which can reflect deficiencies in care or help track outbreaks," said Dr. Homer Venters, former medical director of the New York City jail system. Records indicate that individuals detained by ICE also frequently die in hospitals after being transferred for treatment when their conditions deteriorate in detention centers, though these detainees are generally considered to remain under ICE custody.

The Department of Homeland Security confirmed the policy change, framing it as "common sense." The agency stated that once an individual is no longer in ICE custody, ICE will no longer be responsible for monitoring or reviewing subsequent deaths. However, the agency maintains its commitment to transparency, with the revised policy including procedures for timely notification, review, and reporting of deaths that occur while in ICE custody. The full text of the updated policy has not yet been released.