Immigration and Customs Enforcement will no longer report or investigate the deaths of people who die shortly after being released from the agency's custody, according to a memo issued by acting director David Venturella.
The directive reverses a 2021 Biden-era policy that required ICE to report such deaths to Congress and conduct investigations when detainees died within 30 days of release. That earlier rule was crafted specifically to prevent the agency from sidestepping accountability by discharging severely ill people from custody.
The change comes as ICE faces mounting pressure over healthcare conditions in its detention facilities. Eighteen people have died during the first five months of this year, with a notable number of suicides also recorded during that period.
The 2021 requirement emerged following a specific case. A man who had suffered a stroke while held for two years at the Adelanto detention center in California contracted coronavirus and died three days after ICE released him. That death highlighted a troubling pattern where detainees with serious medical conditions were discharged and then quickly perished.
Deborah Fleischaker, who was acting chief of staff when the 2021 policy took effect, explained at the time that the measure was necessary because ICE could not be permitted to "release people simply to avoid deaths in custody."
Under Venturella's new order, ICE will report only deaths that occur "while an individual is in agency custody," effectively creating a reporting gap for post-release fatalities.
An ICE spokesperson defended the change to the Washington Post, calling it "common sense" and asserting the agency remains "committed to transparency" on detainee deaths. The spokeswoman argued that ICE should not bear responsibility for monitoring or investigating what happens to people "weeks after leaving their custody."
The memo reflects a fundamental shift in how the agency will account for the consequences of its detention policies, allowing deaths that occur shortly after release to fall outside the scope of federal oversight and congressional reporting requirements.
Author James Rodriguez: "Venturella's memo essentially tells detainees with serious medical conditions that the agency's obligation ends the moment they walk out the door, which perfectly matches this administration's playbook of shrinking accountability wherever possible."
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