Key facts
- ICE will no longer investigate or report deaths of individuals recently released from detention centers.
- DHS claims the policy is 'common sense' and ICE is not responsible for post-release deaths.
- Critics cite instances of ICE releasing detainees without resources and reports of severe injuries and medical neglect in custody.
- Previous policies aimed to hold ICE accountable for releasing severely ill detainees.
- Studies indicate a high percentage of deaths in ICE detention are preventable with adequate medical care.
Immigration and Customs Enforcement (ICE) announced on June 4 that it will cease investigating and reporting deaths of individuals recently released from its detention centers. The Department of Homeland Security (DHS) characterized this policy update as 'common sense,' stating that while ICE remains committed to transparency regarding detainee deaths, it is not responsible for deaths occurring weeks after an individual leaves custody.
Critics, however, express significant concerns about this shift, highlighting several issues. Firstly, ICE frequently releases individuals far from their homes without providing the necessary resources for their return. Cases like that of Jesus Ramirez Ramos, who was detained in Kansas and transferred to Michigan, illustrate this problem. After nine months of confinement, Ramos was released with no phone, money, or means to contact loved ones, relying on activists for support. Reports indicate a significant increase in multiple transfers for detainees, and ICE's online locator tool often fails to provide accurate information about individuals' whereabouts, leaving families searching for them.
Secondly, the body of evidence suggests serious injuries occur under ICE's custody. Alberto Castañeda was reportedly dropped off at a Minnesota hospital with severe facial and skull fractures, with medical professionals questioning the official explanation of running into a wall. Mondragon, released two weeks after his arrest, suffered permanent memory loss due to his injuries and had no local support.
Thirdly, former and current detainees have reported being denied adequate medical services and proper nutrition. Accounts describe meager food portions and instances like Elder Guerra's fall in a New Jersey facility, where guards allegedly delayed calling an ambulance despite his seizure. The facility, operated by Geo Group, has faced numerous accusations of neglect, including providing spoiled food and denying basic hygiene products.
These issues culminate in vulnerable individuals being left in dangerous situations. Nurul Amin Shah Alam, a nearly blind refugee, was abandoned on a cold New York night and later died from hypothermia and dehydration. Similarly, Daphy Michel, an asylum seeker with severe mental health issues and a language barrier, died of hypothermia after being taken to a bus stop 40 miles from her arrest location.
The policy being rescinded was originally implemented by the Biden administration in 2021 to ensure ICE accountability for releasing severely ill detainees. Data from a 2022 survey of clinicians indicated that all patients treated had experienced adverse health conditions related to detention, including denied medication and worsening chronic conditions. A 2024 report found that 95% of deaths reported by ICE between 2017 and 2021 could have been prevented with adequate medical care. The author, Jordan Liz, an associate professor of philosophy at San Jose State University, argues that DHS must be held responsible for its treatment of detainees and that reporting policies are crucial for transparency and accountability.