Attorney General James Leads Coalition Demanding Reversal of Dangerous New ICE Policy

NEW YORK – New York Attorney General Letitia James today led a coalition of 22 other attorneys general in urging the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to reverse a dangerous new policy ending investigations and public reporting of deaths that occur shortly after people are released from ICE custody. In a letter to DHS Secretary Markwayne Mullin and Acting ICE Director David Venturella, Attorney General James and the coalition condemn the new policy as an irresponsible attempt to reduce transparency and accountability as reports of abusive and unsafe conditions in ICE detention facilities continue to rise. Attorney General James and the coalition warn that the new policy is a significant departure from prior standards and undermines congressional requirements intended to ensure detention facilities provide adequate care. The attorneys general are calling on Secretary Mullin and Acting Director Venturella to rescind the policy and restore prior reporting standards.

“This new policy is a blatant attempt to hide dangerous conditions inside ICE detention centers from the public,” said Attorney General James. “ICE must ensure that every person in its custody receives basic medical care, safe conditions, and humane treatment. Instead, this administration is trying to evade accountability and operate in darkness as deaths in ICE custody reach historic levels. My fellow attorneys general and I are calling on ICE to reverse this irresponsible policy and restore transparency before more lives are put at risk.”

ICE is required to comply with national detention standards, which direct detention facilities to conduct initial health screenings, provide necessary medical and mental health care, and maintain safe and sanitary conditions, including protecting detainees from unnecessary uses of force. To ensure that individuals are provided with adequate care and medical attention during detention, Congress has required ICE to investigate and report deaths that occur during detention and has long sought transparency around deaths connected to ICE custody.  Until recently, ICE directors could request reviews of the death of individuals who passed away within 30 days of being released from ICE custody, and as a result, ICE frequently conducted investigations and prepared reports based on its findings following the death of a newly released detainee.

Attorney General James and the coalition argue that the administration’s decision to stop investigating and reporting deaths that occur shortly after ICE detention reduces the federal government’s accountability for conditions in ICE facilities and jeopardizes the safety of detainees. In the letter, the coalition warns that ending these reporting and investigation requirements could create a dangerous incentive for facilities to release critically ill or mistreated detainees shortly before they die to avoid scrutiny associated with a death in ICE custody.

The attorneys general note that the policy is part of a broader effort to shield ICE detention centers from supervision and accountability as conditions for detainees deteriorate. In recent months, while deaths in ICE custody have risen to historic levels, public health professionals and elected officials have been prevented from conducting routine checks on ICE facilities. In detention centers across the country, individuals have reportedly been denied access to adequate medical care and placed in unsafe and unsanitary conditions. Since January 2025, there have been 51 detainee deaths in ICE custody, including Ismael Ayala-Uribe, a 39-year-old man who died from septic shock caused by an untreated abscess after his request for medical treatment was ignored. More than half of these deaths have occurred in just nine of the more than 220 active immigration detention facilities. ICE’s own Office of Detention Oversight has determined that five of those nine facilities have deficient medical care.

Attorney General James and the coalition make clear that their states will continue to stand against federal attempts to shield ICE from public accountability. The coalition urges ICE to reverse course on this new policy and to ensure that individuals in custody are treated with basic dignity, humanity, and care.

Joining Attorney General James in sending this letter are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.