U.S. Immigration and Customs Enforcement (ICE) has ended a policy requiring the agency to report and investigate the deaths of former detainees who die within 30 days of their release, reversing a measure introduced during the Biden administration.
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The change was ordered by acting ICE director David Venturella in a recent memo and was first reported by the Washington Post.
Biden-Era Rule Revoked
The policy being withdrawn was introduced in 2021 and required ICE to notify Congress and conduct reviews when former detainees died within a month of leaving custody.
The measure was intended to prevent the agency from avoiding accountability by releasing seriously ill detainees shortly before their deaths. Under the rule, deaths occurring shortly after release remained subject to scrutiny, allowing investigators to assess whether medical care or detention conditions may have contributed.
In his memo, Venturella said ICE would return to its previous practice of reporting only deaths that occur while individuals are in agency custody.
Concerns Over Accountability
Supporters of the 2021 policy argued that it closed a potential loophole in detention oversight.
The rule was adopted after the death of a man who suffered a stroke while being held for two years at the Adelanto detention centre in California. After contracting Covid-19, he was released by ICE and died three days later.
At the time, Deborah Fleischaker, then acting chief of staff at ICE, said the policy change was intended to make clear that detainees should not be released simply to avoid recording deaths in custody.
Cases involving detainees suffering from severe infections or brain injuries who died soon after release also helped shape the policy.
Agency Under Scrutiny
The decision comes as ICE faces increased scrutiny over healthcare and detention conditions.
According to the report, 18 detainees have died during the first five months of this year. The agency has also faced concerns over a number of suicides in detention facilities.
Critics argue that ending post-release reporting could make it harder to assess the full impact of detention policies and medical care provided while individuals are in custody.
ICE Defends Move
An ICE spokesperson defended the policy change, describing it as a return to a more practical approach.
The spokesperson told the Washington Post that the agency remains committed to transparency regarding deaths that occur while detainees are in custody. However, the spokesperson said ICE should not be responsible for monitoring or reviewing deaths that take place weeks after individuals have left detention.
The change marks a significant shift in how the agency tracks and reports deaths connected to its detention system, narrowing oversight to those that occur while a person remains in ICE custody.
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Adapted by ASEAN Now. Source 6 June 2026