In a move that could obscure the full human cost of Trump‑era mass detention, the U.S. Immigration and Customs Enforcement (ICE) will no longer report deaths of detainees after they have been released from its custody. The change rescinds a 2021 policy—implemented by the Biden administration—that required ICE to investigate and report deaths that occur within 30 days of release.
The 2021 requirement aimed to prevent ICE from avoiding accountability for deaths by releasing seriously ill or dying patients. In the past, ICE has released detainees who were brain‑dead, suffered infections or were unable to receive adequate medical care, only for them to die shortly afterward.
Two health experts who have studied ICE custody deaths have sharply criticized the policy shift. Dr. Homer Venters, former chief medical officer of the New York City jail system, said that tracking deaths immediately after custody is a standard best practice that identifies gaps in care that may arise before a person leaves a facility. He warned that eliminating such reporting is a whim to “ignore the most serious health outcome that can reflect inadequacies in care.”
ICE’s statement justified the change as a matter of “common sense,” claiming that when a detainee is no longer in ICE custody it is no longer ICE’s responsibility to monitor or review subsequent deaths. The agency also said it remains committed to transparency and that it has procedures for timely notification, review and reporting of deaths occurring while detainees are in custody.
The decision comes amid a growing number of ICE‑related deaths. At least 18 detainees have died since January 1, putting the 2026 death toll on pace to outstrip last year’s count—the highest in two decades. Detainees are also dying by suicide at an unprecedented pace; many other deaths—such as those from untreated infections, missed diagnoses, or interrupted medication—were likely preventable with timely medical care.
Dr. Sanjay Basu, a UCSF epidemiologist who published a recent analysis of more than 270 ICE custody deaths, said the policy change will make mortality statistics appear lower without any real improvement in care. He noted that the period immediately after release is when deaths attributable to inadequate care during confinement become apparent.
ICE is currently detaining more than 60,000 individuals across its national network of facilities, a rise from roughly 40,000 at the start of Trump’s second term. ICE has denied accusations of medical neglect, asserting that detainees receive comprehensive health‑care services.
Before the policy change, DHS acting assistant secretary Lauren Bis publicly stated that no detainees died in its custody in May—a month that was the first without a death since November. She declined to comment on whether any death‑reporting policies had changed.
The move reflects broader concerns that ICE’s new reporting practice may shield the agency from scrutiny and make it difficult for advocates and researchers to assess the quality of care within U.S. detention facilities. The policy could also impact the legal accountability of ICE staff, health providers, and facilities for neglect and preventable deaths.
Associated Press reporter Michael Biesecker in Washington, D.C., contributed to this story.
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