The Trump administration announced on Thursday a change in the policy for Immigration and Customs Enforcement (ICE) regarding the reporting of deaths of recently released detainees. This decision ends the requirement for ICE to report such deaths within 30 days of release, a policy first implemented under former President Joe Biden. Acting ICE director David Venturella, in a memo obtained by The Washington Post, stated that the elimination of this requirement was based on common sense.
Under increasing scrutiny, the Department of Homeland Security (DHS), which oversees ICE, faces mounting criticisms due to rising numbers of immigrant deaths correlating with surging detainee numbers. Concerns have been raised by lawmakers and human rights organizations regarding the conditions within detention centers and the treatment of individuals post-release.
In a statement to Newsweek, an ICE spokesperson clarified that this revised policy isn’t affecting the reporting of deaths occurring during custody. ‘Under this updated policy, when an individual is no longer in ICE custody, ICE will not be responsible for monitoring or reviewing any deaths that may occur. This is common sense. ICE is not responsible for deaths occurring weeks after an individual leaves custody,’ said the spokesperson.
ICE Detention Deaths: Current Data
As of April 4, ICE was detaining 60,311 people, according to data from the Transactional Records Access Clearinghouse. This reflects an increase from the 39,703 detainees recorded on January 12, 2025, around a week prior to Trump’s return to office. There were 33 reported deaths in ICE custody in 2025, marking the highest annual total since 2004. Within the first half of 2026, 18 deaths have been documented, indicating a potential to surpass last year’s total.
Some deaths reportedly occur after release or while the individuals are hospitalized. ICE’s revised policy would not require reporting deaths for those released within the prior 30 days. ICE maintains that once an individual departs custody, it should not be held accountable for tracking outcomes, even if deaths follow soon after release.
Advocates and watchdog groups continue to pursue records regarding deaths after exiting ICE or CBP custody, highlighting these cases as oversight blind spots. The new policy might further obscure tracking of such deaths, particularly involving:
- Medical neglect before release
- Hospital transfers
- Short-term releases during illness
- Deaths shortly after deportation
ICE spokesperson reaffirms, ‘U.S. Immigration and Customs Enforcement remains committed to transparency regarding detainee deaths. This updated policy outlines procedures for timely notification, review, and reporting of deaths occurring in ICE custody, encompassing notification to next of kin, consulates, Congress, and the public.’
DHS Statements Regarding Detention Centers
The policy change coincides with DHS confronting criticisms over conditions inside ICE detention facilities, including Delaney Hall in New Jersey. Here, locals have engaged in protests with federal agents as some immigrants have initiated a hunger strike. Although DHS denies the accusations about poor conditions, asserting that detainees receive proper meals and medical care, critics remain unconvinced citing the increase in deaths.
‘This represents the best healthcare many aliens have ever received. Meals are certified by dieticians,’ ICE claimed on Thursday. ‘Ensuring the safety, security, and well-being of individuals in our custody is a top priority at ICE.’
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