Amid growing questions over the increase in deaths in immigration custody, the Donald Trump Administration has eliminated a policy that required Immigration and Customs Enforcement (ICE) to investigate and report the deaths of detained individuals that occurred up to 30 days after their release.
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The measure was revealed this Thursday by The Washington Post, which had access to an internal memo sent to agency employees by acting ICE director, David Venturella. In the document, the official reported that the agency will once again only report deaths that occur while an individual remains in federal custody. The Department of Homeland Security confirmed the news in a post on X.
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. This is common sense.
ICE is not responsible when an individual passes away weeks after leaving their custody.… https://t.co/lz3WiZXGAQ
— Homeland Security (@DHSgov) June 4, 2026
The now-eliminated policy had been adopted in 2021 during the Joe Biden Administration. Deborah Fleischaker, who then served as acting ICE chief of staff, explained to The Washington Post that the change sought to prevent people with serious medical problems from being released shortly before dying, which would prevent their cases from being recorded as deaths in custody.
The Department of Homeland Security defended the decision and stated that ICE’s responsibility ends once an individual formally leaves the agency’s custody. “Under this updated policy, when an individual is no longer in ICE custody, this agency will no longer be responsible for monitoring or investigating deaths that may occur. It’s a matter of common sense,” it stated on X. The agency added: “ICE is not responsible when an individual passes away weeks after leaving their custody.”
In the publication, the agency also assured that it will continue to report on deaths occurring within its facilities or while an individual remains officially detained: “ICE remains committed to transparency regarding the deaths of detained individuals. This updated policy outlines procedures for the timely notification, review, and reporting of deaths that occur in ICE custody, which includes notifying family members, consulates, Congress, and the public.”
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However, immigrant rights advocates argue that eliminating the 30-day rule will reduce the ability to identify medical problems that originate during detention but whose effects manifest shortly after release.
According to a recent study, 49 deaths have been recorded in ICE custody since the beginning of Trump’s second term. Additionally, the agency reported 18 deaths during the first five months of 2026, a figure that could exceed the at least 30 deaths recorded in 2025, the highest annual total in two decades.
Another investigation published in the scientific journal of the American Medical Association (JAMA) analyzed 272 deaths that occurred in ICE custody over a 22-year period. The study found that, after several years of decline, the mortality rate began to increase rapidly from 2023 and reached levels even higher than those observed during the COVID pandemic.
According to the report, the mortality rate increased from 13 deaths per 100,000 detainees in 2023 to 31.8 in 2024 and 47.5 in 2025. By January 2026, it had already reached 88.9, surpassing even the peak of 75.6 recorded in 2020 during the health emergency.
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