- ICE rescinded a 2021 policy requiring it to report detainee deaths within thirty days of release.
- Critics argue the change creates a loophole for medical emergencies that occur within private detention centers.
- Lawmakers introduced the Families Deserve to Know Act to mandate federal notification for all medical crises.
ICE ended a policy requiring it to report deaths within 30 days of release, prompting lawmakers and advocates to question whether terminally ill detainees can now disappear from public mortality records.
The change followed the release of José Chajón-Raxón, a Guatemalan man who suffered a seizure at Delaney Hall in Newark on July 19, 2026. ICE released him on July 22 after he was taken to a hospital. He died shortly after arriving.
The Department of Homeland Security said ICE was not later notified of his death. The agency did not publish a custodial death report.
Rep. Rob Menendez called the policy a “loophole” that allows ICE to “avoid scrutiny.” He said the agency could claim it had “no responsibility to investigate” a death or “inform Congress and the public.”
ICE defended the change in a statement. “Per ICE policy, when an individual is no longer in ICE custody, then ICE will no longer be responsible for monitoring or reviewing deaths that may occur,” the agency said.
“This is common sense. ICE is not responsible when an individual passes away weeks after leaving their custody,” ICE added.
A June directive narrowed the death-counting window
ICE issued Directive 11003.7, titled “Notification, Review, and Reporting Requirements for Detainee Deaths,” on June 2, 2026. The directive replaced a 2021 policy from the Biden administration.
That earlier policy required public reporting and internal review when a person died within 30 days after leaving detention. ICE rescinded the requirement on June 5, 2026, narrowing the public count to deaths that occur while a person remains detained.
David Venturella, the Senior Official Performing the Duties of the Director of ICE, explained the shift in a June 4 internal memo. He wrote:
“ICE is returning to the standard practice of reporting deaths that occur while an individual is in agency custody. This termination is necessary to reallocate resources to support mission-facing programs.”
The new policy also ends tracking once a detainee leaves custody, even when officials transfer that person directly from a detention center to a hospital in a terminal condition.
That timing has made Delaney Hall the focus of renewed scrutiny. The Newark facility is operated by the GEO Group, a private detention contractor.
Two Delaney Hall deaths followed medical emergencies
Edwin Lopez-Cornejo, 41, of El Salvador, spent time at Delaney Hall after officials allegedly denied him prescription medication for more than a month. He suffered a medical emergency and was “quickly released” from custody.
Lopez-Cornejo died at University Hospital on August 1, 2026. Because officials released him before his heart stopped, ICE did not file a custodial death report.
Chajón-Raxón experienced a seizure at the same facility on July 19. Officials took him to a hospital and formally released him three days later. He died shortly after arrival, and ICE initially filed no public report.
Menendez also confirmed a third death during an oversight visit on August 3. The man died after a medical emergency during intake at Delaney Hall in late July, but the agency had not previously announced the death.
The cases have fueled allegations that officials could release people in critical condition and then exclude their deaths from in-custody statistics. ICE has not said that it released detainees for that purpose.
Deaths had already reached a record pace
The policy rollback came after a sharp rise in deaths across the immigration detention system. Between January 20, 2025, and June 4, 2026, 52 people died in ICE custody during the first 500 days of the second Trump administration.
Eighteen deaths occurred in the first five months of 2026. Five of those deaths were classified as suicides.
The reported 2026 mortality rate is the highest in more than two decades. It is nearly four times the rate recorded during the previous administration and exceeds the spike recorded during the COVID-19 period in 2020.
The detained population also reached more than 71,000 people in January 2026. The administration plans to expand capacity to 90,000 by the end of the year.
Those figures now cover a narrower category of deaths. A person who dies after release may no longer appear in the agency’s public custody count, even when a medical crisis began inside detention.
Officials seek outside review and a new legal requirement
Letitia James, the New York attorney general, led 22 attorneys general in a June 25, 2026, letter opposing the policy. The coalition called it a “blatant attempt to hide dangerous conditions. and operate in darkness.”
Volker Türk, the UN High Commissioner for Human Rights, raised concerns the next day about a “lack of transparency surrounding the circumstances of deaths.” He called for independent oversight of the U.S. system.
Joseph V. Cuffari, the DHS inspector general, announced a formal evaluation on June 24. The review, identified as OIG Project No. 26-035-OIE-ICE, will examine whether “systemic factors” contribute to the rising number of deaths.
Rep. LaMonica McIver, a New Jersey Democrat, described conditions at private detention facilities after a 2025 visit. She said many lacked 24/7 physician coverage and instead relied on registered nurses or assistants.
McIver characterized medical intake as “inconsistent and non-transparent.” Critics say ending the 30-day reporting period removes a mechanism for examining whether private contractors contributed to deaths after release.
On August 13, 2026, Reps. Ritchie Torres of New York and George Latimer of New York introduced the Families Deserve to Know Act. The bill would require ICE to notify families and Congress about any death, hospitalization, or medical emergency regardless of whether the person remained detained.
The proposed law would cover events that the June policy excludes. It would also place hospitals, families, and Congress within a required notification system rather than relying on post-release agency tracking.
The inspector general’s evaluation and the proposed legislation now proceed as ICE continues expanding detention capacity. The agency’s June directive remains the governing framework for which deaths it publicly reports.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
