A nonpartisan watchdog group has filed a lawsuit against U.S. immigration authorities. This suit seeks records related to deaths in federal immigration custody, including autopsy reports and internal reviews. The lawsuit comes amid growing fatalities, with a Newsweek analysis reporting 51 deaths in Immigration and Customs Enforcement (ICE) custody since President Donald Trump returned to office.
Details of the Lawsuit
American Oversight, a nonprofit dedicated to government transparency, initiated the lawsuit on Wednesday in the U.S. District Court for the District of Columbia. The lawsuit targets ICE, U.S. Customs and Border Protection (CBP), and the Department of Homeland Security (DHS). DHS oversees agencies like ICE and CBP, which play significant roles in the Trump administration’s deportation policies.
The lawsuit claims the agencies did not respond to Freedom of Information Act (FOIA) requests made in April. These requests sought records on deaths in immigration detention, including autopsies, toxicology reports, incident reports, and internal reviews. The FOIA requests also sought oversight documents, such as detainee death reviews and medical examiner reports. Legally, agencies should respond to FOIA requests within 20 business days, with extensions allowed in specific situations.
Newsweek reached out to ICE for comment via email outside regular business hours but had not received a response as of the report.
Rising Deaths Amid Detention Expansion
The increase in deaths highlights scrutiny of conditions in immigration detention facilities. The detained population has grown significantly under the second Trump administration. As of April 4, ICE held 60,311 individuals in detention, according to Transactional Records Access Clearinghouse data. This is an increase from 39,703 as of January 12, 2025, roughly a week before Trump’s reentry to office.
In 2025, 33 individuals died in ICE custody, the highest annual total since 2004. In the first half of 2026, 18 deaths have been reported, suggesting the year may surpass the previous year’s total.
Intentions of the Lawsuit
American Oversight states it has not received a determination from ICE or CBP within the federal legal time frame. Consequently, it believes the agencies have “constructively exhausted” administrative processes, prompting court intervention.
Additionally, a separate set of requests aims to obtain information on oversight activities within DHS. This includes tasks by the Office for Civil Rights and Civil Liberties, the Office of Immigration Detention Ombudsman, and the DHS Office of Inspector General. The lawsuit also seeks records on investigations into deaths since March 2025.
The filing notes that ICE previously published detailed death reports but switched to shorter summaries last year, reducing information on each case. American Oversight argues that this reduction in detail obscures understanding and hampers the efforts of families, policymakers, and the public to determine causes and potentially prevent further deaths.
The lawsuit requests a court order mandating the agencies to search for and release responsive records.
Allegations Against Immigration Agencies
ICE and CBP face numerous allegations, including racial profiling and excessive use of force. Some detainees have reported medical neglect during federal custody.
“Behind every death in immigration custody is a human being, and a family and community left searching for answers,” said Chioma Chukwu, executive director of American Oversight, in a news release. “At a moment when deaths in detention are rising, the administration has chosen to provide less information to the public while minimizing serious concerns about the growing death toll. That is precisely when transparency matters most.”
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