A watchdog group has taken legal action against U.S. immigration authorities, seeking access to records like autopsy reports and internal reviews related to fatalities in federal custody. Newsweek’s analysis revealed 51 deaths in Immigration and Customs Enforcement (ICE) custody since President Donald Trump resumed office. American Oversight, a nonprofit dedicated to government transparency, filed a lawsuit in 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).
Rising Deaths and Detention Expansion
ICE’s detention facilities are under increased scrutiny as the population of detainees grows. As of April 4, ICE detained 60,311 individuals, an increase from 39,703 on January 12, 2025. In 2025, 33 deaths in ICE custody occurred, the highest annual number since 2004. By mid-2026, 18 deaths have been recorded, suggesting a potential increase over the previous year.
Details of the Lawsuit
The lawsuit by American Oversight claims the agencies failed to respond to Freedom of Information Act (FOIA) requests made in April. These requests sought records about deaths in immigration custody, including medical examinations and reviews. Under federal law, agencies must respond to FOIA requests within 20 business days, though extensions are allowed.
The lawsuit argues that the agencies have not met these requirements and requests court intervention. It also seeks information about DHS oversight efforts, including operations by the Office for Civil Rights and Civil Liberties and the DHS Office of Inspector General, especially their investigations into deaths since March 2025.
Concerns Over Transparency
Previously, ICE published detailed reports on deaths, but these were replaced with briefer summaries. American Oversight highlights that less detail complicates understanding of death circumstances, potentially hindering safety improvements. “Behind every death in immigration custody is a human being, and a family and community left searching for answers,” said Chioma Chukwu, American Oversight’s executive director. “At a moment when deaths in detention are rising, the administration has chosen to provide less information to the public while minimizing serious concerns about the growing death toll. That is precisely when transparency matters most.”
ICE and CBP face various allegations, including racial profiling and excessive force, with some detainees claiming medical neglect while in custody.