ICE Reverts to Pre-2021 Policy of Reporting Only Deaths in Custody

U.S. Immigration and Customs Enforcement is ending a Biden-era requirement that the agency investigate and report deaths of individuals who die within 30 days of release from its custody. An internal memo sent to employees Thursday and obtained by news outlets directs the agency to return to its prior practice of tracking only deaths that occur while individuals remain in ICE custody.

Acting Director David Venturella wrote in the memo that the agency will no longer be required to investigate deaths occurring within 30 days of an individual’s release or to notify Congress of such cases. The policy change applies to all detainees released from ICE facilities.

An ICE spokesperson told The Hill the update is part of President Trump’s “common sense” reforms. The spokesperson said, “This is common sense.” When an individual is no longer in ICE custody, the agency will no longer be responsible for monitoring or reviewing deaths that may occur, the spokesperson added.

The agency stated it remains committed to transparency around deaths that occur while detainees are in custody and that ensuring the safety, security, and well-being of individuals in its custody is a top priority.

The 2021 policy had required ICE to investigate deaths occurring within 30 days of release. It was introduced after a 2020 case in which a migrant who contracted coronavirus while detained at an ICE facility in California died shortly after release.