ICE Ends Reporting of Detainee Deaths After Release as Custody Deaths Rise

Just as fatalities climb to a worrying new high inside its facilities, ICE has quietly redrawn its rulebook behind closed doors. The low-profile operational shift alters how the agency handles the grimmest of statistics, leaving watchdogs furious and critics asking what else is being obscured.

The Washington Post reported on Thursday that American authorities are putting an end to public updates regarding individuals who die shortly after leaving immigration holding facilities. A rising death toll inside government facilities hasn't stopped ICE from quietly moving the goalposts, with the agency now 'shrinking the scope of which deaths it will be required to report.'

Shifting the Reporting Window

An internal memo from acting director David Venturella exposed the shift to frontline staff, confirming that 'ICE is eliminating its requirement to report deaths that occur within 30 days of people being released from its custody.' Justifying the rollback, Venturella insisted that 'ICE is returning to the standard practice of reporting deaths that occur while an individual is in agency 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,' 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.'

The spokesperson added that ICE 'remains committed to transparency regarding detainee deaths' and 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.'

The Origin of the Accountability Rule

This rule dates back to 2021, a direct legacy of the Biden administration's push to keep the agency's feet to the fire regarding critically ill releases, according to former acting chief of staff Deborah Fleischaker.

The 30-day reporting rule was introduced under the Biden administration in 2021 specifically to stop the agency from evading responsibility for critically ill people dropped from its care, according to then-acting chief of staff Deborah Fleischaker.

The change was originally triggered by a case earlier that year where a man caught the coronavirus at a California facility and died a mere three days after his release, according to the Post. Explaining the reasoning behind the rule, Fleischaker said, 'The policy changed to make clear that ICE should not release people simply to avoid deaths in custody.'

Detention Surges in the Carolinas

The gravity of the situation is reflected in the latest numbers from the Deportation Data Project, which reveal a dramatic 81 per cent spike in ICE detentions across the Spartanburg area and a 56 per cent rise in Greenville when comparing the first three months of this year to the same period last year. For families caught up in this surge, immigration lawyer James Jones points out that the initial—and most gruelling—hurdle is often just figuring out which facility their loved one has been sent to.

Because the only immigration court serving both North and South Carolina is located in Charlotte, attorneys routinely find themselves balancing cases and working with clients across state lines.

Fatalities Reach a Two-Decade High

The agency has already logged 18 fatalities during the first five months of this year, according to the Post, triggering immediate fury from humanitarian groups demanding that the bureau 'to improve medical care in its facilities.'

The Post's investigation warns that this 18-person death toll puts the agency firmly on track to 'surpass last year's toll of at least 30 deaths, which was the highest number in two decades.'

Mandated Transparency From Capitol Hill

Capitol Hill has long demanded this transparency: Congress has legally bound ICE to report fatalities to the federal government since 2014 and to the public since 2018, because, as the Post highlights, 'the rules are designed to ensure the government investigates and addresses potential problems that could have led to those deaths.'