Overview
- The policy change was announced on Friday, June 5, 2026, when DHS confirmed ICE will no longer review or report deaths that occur within 30 days of a person’s release from federal custody.
- DHS said the move returns reporting to incidents that occur while someone is in ICE custody and that the agency is not responsible for monitoring deaths after release.
- The 30-day reporting rule was created under the Biden administration in 2021 to capture deaths soon after release and to prompt internal reviews of care and transfers of released detainees.
- Lawmakers and immigrant advocates raised concerns after an increase in detention fatalities, with lawmakers reporting 49 deaths since the start of the current administration and an ABC analysis showing a deadly early period for the detention system.
- Critics say the reversal will reduce transparency and hinder congressional oversight of detention health and safety, and officials could face new pressure from lawmakers and advocates to provide alternative reporting or investigations.