ICE Updates Reporting Policy Amid Rising Detainee Deaths

Associate Editor

The Trump administration said Thursday that it would stop requiring U.S. Immigration and Customs Enforcement (ICE) to report the deaths of recently released detainees, calling the policy common sense.

In a memo first reported by The Washington Post, acting ICE director David Venturella told staff that he was eliminating the requirement to report deaths within 30 days of release, first introduced under former President Joe Biden.

The Department of Homeland Security (DHS), which oversees ICE, has come under increasing scrutiny under the second Trump administration, with the number of immigrant deaths rising as the number of detainees has soared. Some lawmakers and human rights groups have cast doubt over conditions within detention centers, as well as the treatment of individuals released.

In a statement to Newsweek, an ICE spokesperson said the updated policy would not change how it reported deaths in custody.

“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," the spokesperson said.

ICE Detention Deaths: What To Know

As of April 4, ICE was holding 60,311 people in detention, according to Transactional Records Access Clearinghouse data. The nonprofit's data shows that figure as 39,703 on January 12, 2025—about a week before Trump returned to office.

In 2025, at least 33 people died in ICE custody, the highest annual total since 2004. In the first half of 2026, 18 deaths have been reported, putting the year on track to surpass last year's figure.

Some of these reported deaths happened after a person was released, or while they were in hospital. Under ICE's new policy, it would not have to report the deaths of those released within the past 30 days.

ICE has argued that once someone leaves custody, the agency is no longer responsible for monitoring outcomes, even if death occurs soon after release. But advocates and watchdog groups have already been trying to obtain records specifically on deaths occurring after people leave ICE or CBP custody, suggesting those cases are a known oversight blind spot.

This means the policy could formalize a category of deaths that were already difficult to track, particularly those linked to:

• medical neglect prior to release
• transfers to hospitals
• short‑term releases while ill
• deaths shortly after deportation

“U.S. Immigration and Customs Enforcement remains committed to transparency regarding detainee deaths," the ICE spokesperson said. "This updated policy outlines procedures for timely notification, review and reporting of deaths occurring in ICE custody, including notifying next of kin, consulates, Congress and the public."

What DHS Says About Detention Centers

The policy shift comes at the same time as DHS faces criticism over conditions in ICE detention centers across the country, including in New Jersey, where locals have been clashing with federal agents outside Delaney Hall, where some immigrants have been undertaking a hunger strike.

DHS insists that the claims made about conditions are false, and that detainees are eating decent meals, are comfortable, and receive excellent medical care - something critics say is false when deaths have been seen to be rising.

"This is the best healthcare many aliens have received in their entire lives. Meals are certified by dieticians," ICE said Thursday. "Ensuring the safety, security, and well-being of individuals in our custody is a top priority at ICE.”

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