95 Percent of Deaths in ICE Detention Could Likely Have Been Prevented With Adequate Medical Care: Report
New study reveals persistent medical care failures in immigration detention facilities, examines 52 deaths from 2017-2021
WASHINGTON — A new report released today by the American Civil Liberties Union, American Oversight, and Physicians for Human Rights (PHR) exposes the Department of Homeland Security’s (DHS) flawed internal oversight mechanisms and failure to provide adequate medical and mental health care, resulting in preventable deaths of immigrants in Immigration and Customs Enforcement (ICE) facilities.
“Deadly Failures: Preventable Deaths in U.S. Immigration Detention” provides a comprehensive examination of the deaths of 52 people whom ICE reported to have died in its custody between Jan. 1, 2017, and Dec. 31, 2021. Independent medical experts found that 95 percent of deaths in detention were deemed as being preventable or possibly preventable if ICE had provided clinically appropriate medical care.
“Each of these deaths represent a preventable tragedy, and underscores the systematic danger posed by placing people in immigration detention. ICE has failed to provide adequate — even basic — medical and mental health care and ensure that people in detention are treated with dignity,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project and report co-author. “Abuses in ICE detention should no longer go ignored. It’s time to hold ICE accountable and end this failed, dangerous mass detention machine once and for all.”
The report is one of the most comprehensive studies on deaths in ICE custody to date. Over 14,500 pages of documents — most made public for the first time — obtained through Freedom of Information Act (FOIA) requests, state public record act requests, and civil litigation reveal a wide array of harmful and egregious practices. Of the 52 deaths examined from 2017-2021, the report found:
- Persistent failings in medical and mental care have caused preventable deaths including suicides, as ICE failed to provide adequate health care, medication, and staffing.
- Medical staff made incorrect or incomplete diagnoses in 88 percent of deaths, and also provided incomplete, inappropriate, or delayed treatment and medication that in some cases directly contributed to deaths of detained immigrants.
- ICE detention facilities failed to provide timely and appropriate emergency care, and take basic precautions during the COVID-19 pandemic.
- ICE’s detainee death investigations have allowed the destruction of evidence, have failed to interview key witnesses, and have omitted key inculpatory facts. Medical staff were also deemed to have falsified or made insufficient documentation in 61 percent of detainee death cases.
- Oversight processes have failed to result in meaningful consequences for detention facilities, including those whose conditions have caused the greatest number of deaths.
“The report’s independent medical reviews reveal egregious failings in health care. In most of the reviewed cases, inadequate or absent care directly contributed or possibly contributed to fatalities,” said Michele Heisler, MD, MPH, medical director at PHR and professor of internal medicine and public health at the University of Michigan. “This report reinforces a grim reality that has been well documented over the last 20 years: Health care in ICE detention is often profoundly flawed. Effective and more humane alternatives to detention enable people seeking asylum and other immigrants in the United States to receive medical care in their local communities.”
The report also reviews ICE’s own investigatory reports into deaths in custody, as well as interviews with two family members of people who died in ICE detention during the studied period. Within the report, Neda Samimi describes how her father, Kamyar Samimi, died of cardiac arrest in ICE detention due to medical negligence. “He was unjustly detained,” Ms. Samimi told researchers. “Two weeks later, after none of his medical concerns were heard, he died. There is nothing in the world that can bring back my father.”
“Today’s report underscores the importance of transparency. Until now, the full extent of ICE’s systemic failures has remained shrouded in secrecy — a direct result of its unlawful delays and unjustified withholdings in releasing public records,” said Chioma Chukwu, interim executive director of American Oversight. “The documents underpinning this report can’t undo the harm caused by ICE’s failures, but they can provide something invaluable: accountability. That’s why American Oversight fought to shine a light on these records — to provide answers to deserving loved ones and to ensure those responsible for preventable tragedies are made to answer.”
The report offers guidance to protect the health, rights, and dignity of people detained in ICE detention, issuing detailed policy and practice recommendations to DHS, the Department of Justice, U.S. Congress, and state and local government actors. Above all else, the ACLU, American Oversight, and PHR call on the U.S. government to end its reliance on the dehumanizing and abusive immigration detention machine.
“No family should be kept in the dark about how their loved one passed away under the government’s care,” said family members of Jean Jimenez, who died by suicide at the Stewart Detention Center in Georgia after failing to receive timely mental health care treatment. “We lift up Jean’s memory by fighting for records that might provide answers to our family and others — not just for the closure they can bring, but also to prevent future tragedies.”
The full report is available here.
The executive summary is available in Spanish here.
Records and documents noted in the report can be accessed.
Learn More About the Issues in This Press Release
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Press ReleaseDec 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention NationwideACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention Nationwide
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least six states across the country, including in California, Kansas, Nevada, New Mexico, Texas, and Washington state. The records, obtained as a result of a Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, disclose that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first tranche of FOIA documents revealing that ICE is considering expanding detention in three different facilities in New Jersey. “You cannot have mass deportations without a significant expansion of ICE detention capacity in states across the country and that’s exactly what the incoming Trump administration is preparing to do,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “Rather than permanently shutting down abusive detention facilities, the Biden administration is paving the way for President-elect Donald Trump to make good on his cruel and inhumane mass deportation proposals.” The FOIA documents reveal that GEO Group, Inc., CoreCivic, and the Management & Training Corporation (MTC) submitted contract proposals to Requests for Information (RFI) to expand detention capacity and facilities, several of which have a lengthy history of abusive conditions. The proposals for expanded immigration detention facilities include: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal invesitgation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in its FOIA disclosure, obscuring the names of the specific facilities. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) MTC facility in South Texas, which may include the Willacy County Jail in Raymondville, TX (Proposal by MTC for the Harlingen Field Office) GEO Group, Inc. facility in IL, IN, WI, MI, KT, or KS (Proposal by GEO Group, Inc. for Chicago Field Office) GEO Group, Inc. facility in South Texas, which may include the Brooks County Detention Center, Falfurrias, TX; Coastal Bend Detention Center, Robstown, TX; or the East Hidalgo Detention Center in LaVilla, TX (Proposal by GEO Group, Inc. For the Harlingen Field Office) Other corporate entities, including Kastel Enterprises, LLC., and Active Deployment Systems, which provide services to build temporary facilities, and Sabot Consulting, which provides compliance monitoring and detention staffing services, also submitted responses to ICE’s request. As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The FOIA records are available here: /documents/multi-state-detention-facility-support-foia-documents-request-for-information -
News & CommentaryDec 2024
Immigrants' Rights
Trump’s Remarks on Birthright Citizenship, ExplainedTrump’s Remarks on Birthright Citizenship, Explained
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Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. — This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi’s case, his claims challenging the government’s detention of him would fail. “Reviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we’re heartbroken for our client that the court got this so wrong,” said Brett Max Kaufman, senior staff attorney with the ACLU’s Center for Democracy. “The government’s arguments in defense of Mr. Trabelsi’s detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.” In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court’s ruling today, and will continue to be litigated on a separate track. “Mr. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,” said Nicole Hallett, clinical professor of law and director of the Immigrants’ Rights Clinic at the University of Chicago Law School. “He cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.” Mr. Trabelsi is represented by the American Civil Liberties Union, the University of Chicago Law School’s Immigrants’ Rights Clinic, the ACLU of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general. -
Press ReleaseNov 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New JerseyACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New Jersey
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity across the state of New Jersey. The records, obtained as a result of a FOIA lawsuit filed by the ACLU in September 2024, disclose that ICE capacity could increase by approximately 600 beds in at least two facilities in New Jersey. The discovery comes as President-elect Donald Trump continues to double down on his campaign promise to implement the largest mass deportation and detention program in the nation’s history. For months, the ACLU of New Jersey and advocates have raised concerns with the Biden administration’s plans to expand detention in New Jersey, as well as in potentially sixteen other states identified by ICE. “Instead of closing abusive detention facilities once and for all, the Biden administration is simply paving the way for the incoming Trump administration to conduct mass detention and deportation of immigrant communities nationwide,” said Eunice Cho, Senior Staff Attorney at the ACLU’s National Prison Project. “The Biden administration must instead work to close these facilities now.” These facilities under consideration include the Elizabeth Detention Center, located in Elizabeth, New Jersey and owned and operated by CoreCivic, Inc., and the Albert M. “Bo” Robinson Center (ARC) in Trenton, New Jersey, which was formerly owned by the GEO Group, Inc. Both facilities have significant records of poor conditions. Investigations of conditions at ARC exposed abusive conditions including “robbery, sexual assault, [and] menacing of the weak.” Meanwhile, the Elizabeth Detention Center has also come under fire for consistent medical neglect, cramped and unsanitary living quarters, and abusive treatment from guards. The ACLU obtained these documents as a result of Freedom of Information Act (FOIA) litigation, which sought in part records responsive to a contract solicitation for additional ICE detention space in the Newark, New Jersey area. The solicitation, originally issued on June 26, 2024, sought “comprehensive detention services for adult male and female noncitizens” to “provide for general population, intake, segregated housing, and medical beds at a contractor-owned/contractor-operated detention facility or facilities.” The documents provided by ICE provide a limited glimpse of the detention proposals, as the production appears to include only the environmental impact statement portions of the proposals submitted by CoreCivic, Inc. and GEO Group, Inc. to ICE. It is unclear from the documents whether there are additional New Jersey facilities that responded to ICE’s solicitation, or how much it would cost taxpayers. For example, the GEO Group, Inc. claimed in litigation earlier this year that it has readied the Delaney Hall Facility, located in Newark, New Jersey, to conform with ICE operating requirements. “New Jersey has already taken steps to oppose immigrant detention by phasing out ICE contracts and closing county-run ICE jails. But as federal plans to expand detention in New Jersey continue, the need for protections grows by the day. That’s why it’s imperative that the Biden administration immediately halt any efforts to expand this abusive detention machine,” said ACLU-NJ campaign strategist Ami Kachalia. “We also urge the New Jersey Legislature to quickly pass the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process.” State officials and members of New Jersey’s congressional delegation have opposed the expansion of ICE detention in the state. Earlier this year, eight Representatives and Senator Cory Booker raised concern regarding the development of additional private ICE detention facilities in the state. Prior to that, the New Jersey state legislature passed AB 5207 in 2021, which prohibited state and local entities and private detention facilities from entering, renewing, or expanding immigration detention contracts. Both CoreCivic, Inc., and GEO Group, Inc. filed suit to stop enforcement of the law, which has been enjoined pending appeal. The ACLU of New Jersey filed a friend-of-the-court brief on behalf of 28 community organizations in support of New Jersey's anti-detention law. The FOIA records are available here: /documents/foia-documents-re-nj-ice-detention-rfi