The Trump administration reversed a Biden-era transparency policy that required Immigration and Customs Enforcement to report and investigate deaths of detainees occurring within 30 days of their release from custody.
Policy Reversal Sparks Medical Accountability Concerns
The Department of Homeland Security confirmed the policy change Thursday after the Washington Post first reported the move. Officials framed the reversal as common sense, stating that when individuals leave ICE custody, the agency will no longer monitor or review subsequent deaths. The 2021 Biden policy aimed to prevent ICE from avoiding accountability by releasing severely ill detainees, including those who were brain-dead or suffering from serious infections, shortly before death.
DHS acting assistant secretary Lauren Bis told the Associated Press on Tuesday that May marked the first month without a detainee death since November. She did not address questions about policy changes at that time, stating only that deaths in ICE custody remain exceedingly rare. The agency currently holds more than 60,000 detainees across its national detention network, up from approximately 40,000 at the start of President Trump’s second term.
Medical Experts Challenge the Change
Dr. Sanjay Basu, a University of California-San Francisco epidemiologist who analyzed over 270 ICE custody deaths, warned the policy will make mortality statistics appear artificially lower without improving actual care standards. He explained that inadequate medical care during confinement often becomes apparent only after release, when missed diagnoses, interrupted medications, untreated infections, and worsening chronic conditions prove fatal. Medical records show ICE detainees frequently die at hospitals after their conditions deteriorate inside detention facilities, though these individuals technically remain in custody.
Transparency and Accountability Questions
The administration maintains its commitment to transparency, with DHS stating the revised policy includes procedures for timely notification, review and reporting of deaths occurring in ICE custody. However, the agency has not released the full updated policy. ICE denies allegations of medical neglect, asserting that detainees receive comprehensive healthcare services throughout their confinement. The policy change eliminates federal reporting requirements that previously captured deaths potentially linked to substandard medical care during detention.