ICE Death Reporting Ends
ICE Ends Biden-Era Rule Reporting Detainee Deaths Post-Release, Citing 'Common Sense' Amid Transparency Concerns
Anonymous
Key Points
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In explaining the rollback, an ICE spokesperson told Newsweek that under the updated policy the agency “will no longer be responsible for monitoring or reviewing deaths that may occur” once someone is no longer in ICE custody, calling it “common sense” because “ICE is not responsible when an individual passes away weeks after leaving their custody.”
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The 30-day post-release reporting rule adopted in 2021 under the Biden administration was created to prevent gaps in accountability after a specific incident: a man jailed at the Adelanto detention center died three days after his release from COVID-19 complications.
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At Delaney Hall in Newark, NJ—owned by private prison company GEO Group—protesters and attorneys described extreme conditions: about 1,000 detainees are held there, around 600 are on a hunger strike lasting 11 days, and human-rights lawyer Steven Donziger said, “The food is rancid and infested with bugs” and “One full-time doctor serves the medical needs of all 900 detainees.”
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A key justification for the Biden-era 30-day requirement was to stop ICE from releasing people to evade custody-related scrutiny: Deborah Fleischaker, an acting chief of staff at the time, said the policy was meant to “make clear that ICE should not release people simply to avoid deaths in custody.”
ICE is scrapping a rule that required it to report detainee deaths within 30 days of release, according to internal memos confirmed by Newsweek. The change means the agency will only count deaths that happen while someone is still in its custody — a narrower standard that critics say creates a loophole to hide the true cost of immigration detention.
The rollback comes as ICE has recorded at least 18 deaths in custody so far this year, one of the highest rates in recent memory. Advocates warn the policy shift will make it easier for the agency to release dying detainees just before death, keeping those deaths off the official books.
ICE Calls the Rollback "Common Sense"
An ICE spokesperson told Newsweek the agency "will no longer be responsible for monitoring or reviewing deaths that may occur" once someone leaves custody. The spokesperson called it "common sense," arguing that "ICE is not responsible when an individual passes away weeks after leaving their custody."
DHS confirmed the change through internal memos first reported by Newsweek. The agency framed it as a return to standard procedure — tracking only what happens inside its facilities, not after someone walks out the door.
Biden Rule Was Built to Plug a Deadly Loophole
The 30-day rule was put in place in March 2021 after a man named Martin Vargas Arellano died just three days after ICE released him from the Adelanto detention center in California. He had COVID-19. Because he was technically "released," ICE did not have to report his death to Congress, according to NBC News.
Deborah Fleischaker, a former acting chief of staff at ICE, said the rule was designed to "make clear that ICE should not release people simply to avoid deaths in custody," according to Newsweek. Now that protection is gone. Critics say the agency once again has an incentive to release sick detainees before they die.
Hunger Strike and Rancid Food at Newark Detention Facility
The policy change is unfolding alongside a crisis at Delaney Hall in Newark, NJ, run by the private prison company GEO Group. About 1,000 detainees are held there. Around 600 of them launched a hunger strike that has now lasted 11 days, according to NBC News.
Human rights lawyer Steven Donziger said conditions inside are severe. "The food is rancid and infested with bugs," he said, according to Newsweek. He added that just one full-time doctor serves the entire population of up to 900 detainees. Protests have also grown outside the facility as attorneys file formal complaints.
Advocates Warn of a "License to Neglect"
The ACLU and the National Immigration Justice Center argue the rollback gives ICE a financial reason to let sick detainees go rather than treat them. If a detainee is dying, releasing them means the death happens off the record. No report. No oversight. No congressional review, NBC News reported.
The case of Samuel Gousse, a Haitian national who died in December after passing through ICE detention, has become a symbol of what critics say is a broken system. inquirer.com noted the policy change could make cases like his even harder to track. Lawmakers have called for more oversight, but under the new standard, fewer deaths will even appear in official data.
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