Lawsuit Seeks Transparency Over Rising Deaths in U.S. Immigration Custody

A nonpartisan watchdog group filed a lawsuit to access records related to rising fatalities in U.S. immigration custody. This move comes amid increasing concerns over the conditions in these facilities. A recent analysis by Newsweek reported 51 deaths in Immigration and Customs Enforcement (ICE) custody since President Donald Trump returned to office.

Background of the Lawsuit

American Oversight, a nonprofit organization advocating for government transparency, initiated the lawsuit. It was filed Wednesday in the U.S. District Court for the District of Columbia against ICE, U.S. Customs and Border Protection (CBP), and the Department of Homeland Security (DHS). DHS oversees ICE and CBP, which play significant roles in the administration’s deportation policy.

The lawsuit claims these agencies did not respond to Freedom of Information Act (FOIA) requests submitted in April. These requests sought access to documents concerning deaths in immigration detention. The documents include autopsies, toxicology and incident reports, internal reviews, detainee death reviews, and medical examiner reports. Under federal law, agencies typically must respond to FOIA requests within 20 business days, though extensions are possible.

Rising Deaths and Detention Concerns

Critics have raised concerns about the conditions in immigration detention facilities as the detainee population has significantly increased under the second Trump administration. As of early April, data from Transactional Records Access Clearinghouse indicated ICE held 60,311 individuals in detention. This number represents a substantial increase from the 39,703 people detained on January 12, 2025.

In 2025, 33 individuals died in ICE custody, the highest yearly total since 2004. In the first six months of 2026, 18 deaths were reported, suggesting a potentially higher total by year’s end.

The Goals of the Lawsuit

American Oversight’s complaint states that they have not received timely responses from ICE or CBP, effectively exhausting administrative processes. They are seeking judicial intervention to obtain the requested records.

The lawsuit also requests information about DHS’s oversight activities. This includes information from the Office for Civil Rights and Civil Liberties, the Office of Immigration Detention Ombudsman, and the DHS Office of Inspector General. It further seeks records of investigations into deaths since March 2025.

According to the lawsuit, ICE had previously shared detailed reports on deaths in custody. Still, these were replaced with shorter summaries late last year, providing less insight into each case’s circumstances. This lack of detail complicates efforts for families, policymakers, and the public to understand the causes of deaths and potential preventive measures.

Allegations Against Immigration Agencies

“Behind every death in immigration custody is a human being, and a family and community left searching for answers,” Chioma Chukwu, executive director of American Oversight, stated.

ICE and CBP are facing numerous allegations, such as racial profiling and excessive use of force. Some detainees have reported experiencing medical neglect while in federal custody.

Chukwu emphasized the importance of transparency as deaths in detention rise. According to Chukwu, the current administration has chosen to share less information with the public, even as serious concerns about the increasing number of deaths persist.