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U.S. Immigration and Customs Enforcement is ending a policy that required the agency to report the deaths of former detainees that occurred within 30 days of their release from federal custody.
The policy, issued during the Biden administration, directed the agency to review and report all detainee fatalities, including those that occurred post-release.
The policy reversal by the Trump administration comes amid scrutiny from lawmakers and immigrant advocates over the rising death rate of detained immigrants in federal custody.
Outside the Dilley Immigration Processing Center, run by the U.S. prison-operating company, CoreCivic, on March 1, 2026, in Dilley Texas (Photo by Laura Brett/Sipa USA)(Sipa via AP Images)
Laura Brett/Sipa USA via AP
“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,” a spokesperson for the Department of Homeland Security told ABC News in a statement. “This is common sense. ICE is not responsible when an individual passes away weeks after leaving their custody.”
There have been 49 deaths in ICE custody since the start of the second Trump administration, according to lawmakers.
According to an ABC News analysis of Immigration and Customs Enforcement data and the number of detainee deaths provided to Congress from ICE, the first 14 months of the second Trump administration represent the most deadly period for the federal detention system in recent years — with the exception of 2020, when the coronavirus pandemic contributed to detention deaths.
On Thursday, the DHS spokesperson told ABC News that ICE “remains committed to transparency regarding detainee deaths.”
