Maryland Attorney General Joins Multistate Effort to Reverse ICE Policy on Detainee Deaths

Maryland Attorney General Anthony G. Brown has joined a coalition of 22 other state attorneys general in urging the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to reverse a new policy that halts investigations and public reporting of deaths occurring shortly after individuals are released from ICE custody. This action is a response to concerns that the policy aims to decrease transparency and accountability amidst rising reports of unsafe conditions in ICE detention facilities.

The coalition, led by New York Attorney General Letitia James, expressed strong condemnation of the policy in a letter addressed to DHS Secretary Markwayne Mullin and Acting ICE Director David Venturella. They argue that the move is an irresponsible attempt to reduce oversight and could create dangerous incentives for detention facilities. The attorneys general are calling for the immediate rescinding of this policy and the restoration of previous reporting standards.

Under existing national detention standards, ICE facilities are mandated to conduct initial health screenings, provide necessary medical and mental health care, and maintain safe and sanitary conditions, which includes protection from unnecessary force. Congress has long required ICE to investigate and report deaths that occur during detention, emphasizing the importance of transparency surrounding fatalities connected to ICE custody. Historically, ICE directors had the authority to request reviews for individuals who died within 30 days of their release from ICE custody. This provision frequently led to ICE conducting investigations and issuing reports following the deaths of recently released detainees.

The attorneys general contend that the decision to cease investigating and reporting on deaths occurring soon after ICE detention significantly diminishes the federal government’s responsibility for the conditions within its facilities and poses a threat to the safety of detainees. The coalition warns that the elimination of these reporting and investigation mandates could encourage facilities to release critically ill or mistreated individuals shortly before their deaths to evade scrutiny associated with deaths in ICE custody. This policy is viewed as part of a larger strategy to shield ICE detention centers from oversight and accountability, particularly as conditions for detainees reportedly worsen.

Recent months have seen a rise in deaths within ICE custody, reaching historic levels. During this period, public health professionals and elected officials have reportedly been denied routine access to ICE facilities. Reports from detention centers nationwide indicate that individuals have been denied adequate medical care and subjected to unsafe and unsanitary conditions. Since the beginning of 2025, there have been 51 detainee deaths in ICE custody. One notable case involved Ismael Ayala-Uribe, a 39-year-old man who died from septic shock due to an untreated abscess after his pleas for medical treatment were allegedly ignored. Alarmingly, more than half of these deaths have occurred in only nine of the more than 220 active immigration detention facilities, with ICE’s own Office of Detention Oversight identifying deficient medical care in five of those nine facilities.

Attorney General Brown and the coalition emphasized their states’ commitment to opposing federal efforts to shield ICE from public accountability. They urged ICE to reconsider its new policy and to ensure that individuals in custody are treated with fundamental dignity, humanity, and care. The attorneys general joining Maryland’s Attorney General Brown in this letter include those from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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