American Oversight Sues ICE, CBP, and DHS Over Death Record Transparency

On Wednesday, watchdog American Oversight filed a complaint in U.S. District Court for District of Columbia demanding that Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) and Department of Homeland Security (DHS) produce records related to deaths in immigration custody. The suit says agencies have ignored Freedom of Information Act requests filed in April for autopsy, toxicology, incident and internal review reports covering deaths since January 2025. Newsweek analysis shows 51 deaths in ICE custody since President Donald Trump returned to office, including 33 in 2025—the highest annual total since 2004—and 18 in 2026, putting year on track to exceed prior record.

Newsweek

The mortality surge coincides with a rise in detained population. Transactional Records Access Clearinghouse data show ICE held 60,311 individuals on April 4, 2026, up from 39,703 on January 12, 2025—about a week before President Trump’s return to office. Increase reflects administration’s deportation and enforcement policies, expanding detention facilities.

Newsweek

Since January 2025, 51 deaths have been recorded in ICE custody; 33 occurred in 2025, and 18 have been reported in 2026, putting year on track to exceed record.

Newsweek

ICE previously issued detailed death reports, but the lawsuit says the agency switched to abbreviated summaries late last year, providing less information about each case. Agencies have not supplied requested records within statutory 20-business-day FOIA deadline, prompting American Oversight to claim remedies are “constructively exhausted.” No comment from ICE, CBP or DHS was obtained.

Newsweek

Advocacy groups and detainees allege systemic problems. ICE and CBP face claims of racial profiling and excessive force, and detainees have reported medical neglect in federal custody.

Newsweek

• “It argues the agencies have therefore "constructively exhausted" administrative processes, and it is seeking court intervention.” — American Oversight, nonprofit watchdog

Newsweek

• “According to American Oversight, the reduced level of detail has made it more difficult for families, policymakers and the public to understand how deaths occurred and whether they could have been prevented.” — American Oversight, nonprofit watchdog

Newsweek

• “The filing said ICE previously published detailed reports on deaths in custody but replaced those late last year with shorter summaries that provided less information about the circumstances of each case.” — American Oversight, lawsuit filing

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• “Allegations Against Immigration Agencies ICE and CBP are facing a litany of allegations, including claims of racial profiling and excessive use of force, while some detainees have told Newsweek they experienced medical neglect in federal custody.” — Detainees, as reported by Newsweek

Newsweek

The agencies’ failure to produce the requested autopsy, toxicology and incident records leaves an information gap, preventing families, policymakers and oversight bodies from fully assessing the causes of custody deaths.

Newsweek

American Oversight seeks a court order compelling ICE, CBP and DHS to locate and release the records; the case proceeds before U.S. District Court for the District of Columbia.

Newsweek