Federal immigration authorities have eliminated a policy requiring them to track and report deaths of individuals who die shortly after being released from detention centers, a move that medical experts say could hide the true impact of detention conditions on human lives.
The change removes a 2021 requirement established during the previous administration that mandated Immigration and Customs Enforcement to investigate and report to Congress any deaths occurring within 30 days of a detainee’s release from custody.
The original policy was designed to prevent the agency from escaping responsibility for deaths by releasing critically ill individuals from their facilities. In previous cases, people who were brain-dead or battling serious infections have died shortly after being released from immigration detention.
Medical professionals who have studied deaths in immigration custody condemned the policy shift on Friday.
“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.”
Records indicate that immigration detainees frequently die at medical facilities where they are transported for care after their health deteriorates while in detention centers. These individuals, though, have typically been classified as still being under agency custody.
The Washington Post initially disclosed the policy modification on Thursday. The Department of Homeland Security, which supervises the immigration agency, subsequently acknowledged the change in a statement describing it as “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 statement said.
The statement indicated the agency maintains its dedication to transparency and noted the revised policy contains procedures for “timely notification, review and reporting of deaths occurring in ICE custody.” The agency has not yet released the complete updated policy.
The decision to restrict death reporting occurs as more immigration detainees are dying. A minimum of 18 detainees have died since January 1, a rate that could exceed last year’s death count, which marked the highest in twenty years. Detainees are taking their own lives at record levels, and specialists believe many other deaths from medical causes could have been prevented with proper healthcare.
Dr. Sanjay Basu, a University of California-San Francisco epidemiologist who recently published an analysis of more than 270 ICE custody deaths, said the policy change will “make the mortality statistics appear lower without any actual improvement in care.”
“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, the agency was housing more than 60,000 detainees throughout its nationwide detention facility network, an increase from approximately 40,000 at the beginning of President Donald Trump’s second term. The agency disputes claims that detainees experience medical neglect, stating they receive comprehensive healthcare services.
Prior to announcing Thursday’s policy modification, Department of Homeland Security acting assistant secretary Lauren Bis informed the Associated Press on Tuesday that no detainees died in agency custody during May. This marked the first month without a detainee death since November. At that time, Bis did not respond to questions about whether any death reporting policies had been altered.
“As we have repeatedly stated, deaths in ICE custody are exceedingly rare,” she said then.
