One of the agency’s highest priorities is detained noncitizen health care.
U.S. Immigration and Customs Enforcement’s (ICE) national detention standards require facilities to provide comprehensive medical, dental and mental health care from the moment noncitizens arrive at a facility and throughout their time in ICE custody.
Many noncitizens may not have received recent or reliable medical treatment for existing conditions prior to entering ICE custody. For some individuals, this may represent their first access to comprehensive medical care.
Detained Noncitizen Deaths in ICE Custody
- Any death that occurs in ICE custody is a significant cause for concern. ICE prioritizes the health, safety and well-being of all noncitizens in its custody.
- In accordance with ICE national detention standards and policy, ICE employs a multilayered, interagency approach when a detained noncitizen passes away in ICE custody. Each facility must maintain written protocols in accordance with the ICE detainee death policy.
- In the event of all detainee deaths, the Field Office Director with oversight of the relevant facility or AOR must report the death within 12 hours to the Assistant Director for Field Operations, Custody Management, the JIC and OPLA.
- Under agency protocols, the agency conducts medical reviews as well as oversight and compliance investigations, timely prepares reports based on the finding of reviews and shares reports with appropriate parties and stakeholders
- The ICE Office of Professional Responsibility then examines the circumstances surrounding the individual’s death and drafts a report to determine whether the agency adhered to all policies and protocols.
- Once ICE completes its review, the results are provided to ICE senior management and the Department of Homeland Security (DHS) Office of Civil Rights and Civil Liberties.
Reporting Detained Noncitizen Deaths
In 2021, ICE issued a policy — Notification, Review, and Reporting Requirements for Detainee Deaths — that governs the initial notification, review and ongoing reporting about the death of an individual in ICE custody. In accordance with the policy, ICE notifies the relevant parties and reports the death of any detained noncitizen in a timely, accurate and appropriate manner. ICE notifies the next of kin, appropriate consulate, relevant DHS and ICE stakeholders, U.S. Congress and the public about each detained noncitizen death.
Additionally, ICE posts a news release with relevant details on the agency’s public website within two business days.
Congressional Requirements
Congressional requirements in the DHS Appropriations Bill (2018) obligate ICE to make public all reports regarding in custody deaths within 90 days. Each detained noncitizen death, beginning with Fiscal Year 2018, is provided in the dropdown below.
