The death of a Haitian woman seeking asylum has been classified as a homicide by a medical examiner following her release from federal immigration custody. The woman’s family attorney says relatives plan to file a lawsuit against Immigration and Customs Enforcement regarding her death.
Daphy Michel, age 31, passed away on March 2 after being discovered at a bus shelter. The Allegheny County Medical Examiner’s Office determined hypothermia caused her death and classified it as a homicide, “indicating the death was caused by the actions of another individual” and should not be interpreted as a declaration of criminal guilt, according to the office’s statement. These findings were made public on Friday.
Michel came from Haiti and was pursuing asylum in the United States following her 2022 arrival at the southern border, according to Joseph Patrick Murphy, the family’s legal representative. She had received humanitarian parole due to urgent humanitarian circumstances, though she passed away before attending a hearing that was set for two weeks following her death, he explained.
According to the medical examiner’s office, Michel was considered a vulnerable adult “suffering from untreated severe mental health issues and a significant language barrier” when she was released on February 27.
Murphy explained that Michel was taken into custody last summer for shouting at people who weren’t there due to her mental health condition. She remained in Washington County Jail for six months, during which time she received numerous psychiatric evaluations while waiting for her initial hearing, he stated.
A magistrate determined he couldn’t hold her for trial since she was threatening people who didn’t exist, Murphy reported. Following this decision, ICE took her from her jail cell, fitted her with an ankle monitor, and transported her 25 miles away to Pittsburgh, where she remained at a bus shelter during winter conditions for several days, he said.
“She was in September clothes and it was February, and the weather overwhelmed her and she went into hypothermia,” Murphy stated.
The medical examiner’s homicide determination differs from criminal charges, meaning “somebody did or failed to do something that brought about her demise,” Murphy explained. He anticipates Michel’s relatives will pursue legal action against ICE related to her death.
Department of Homeland Security spokesperson Lauren Bis responded via email, stating “ICE had NOTHING to do with this woman’s death. She passed away THREE days after ICE encountered her.”
Bis referred to Michel as “an illegal alien from Haiti” who entered removal proceedings following her arrest.
According to Bis, Michel possessed all her personal items and a charged phone upon release, with public transit options available. ICE discovered the day following Michel’s death that her ankle monitor “had been tampered with,” though county medical examiner personnel “refused to cooperate or even talk with” ICE representatives, she stated.
ICE contacted the U.S. Marshals Service, who collected the ankle monitor but were denied information regarding Michel’s condition, Bis reported. ICE became aware of her death through news reports, she added.
Allegheny County Executive Sara Innamorato released a statement calling Michel’s death “a tragedy and appears that with a little humanity, it could have been completely avoidable.”
U.S. Rep. Summer Lee, D-Pa., described her death as preventable, saying “she deserved care, shelter, language access, and medical support.”
ICE has discontinued reporting detainee deaths occurring within 30 days of custody release, terminating a 2021 Biden administration policy. Medical professionals argue this change will undercount actual deaths while failing to address healthcare concerns.
