Record ICE Detention Deaths and Medical Care Payment Halt
46 deaths in ICE custody since January 2025 mark a two-decade high. ICE's October 2025 halt of medical care payments left detainees without access to health services as the detention population reached record levels, creating conditions that contributed to preventable deaths.
Record summary
Grade
Grade 4 of 5: Critical Rights and Rule-of-Law Concern
Systematic actions that undermine fundamental constitutional or international legal protections at the structural level. Scale and definitions
- Status
- Ongoing
- Incident date
- Record updated
- Location
- Washington, DC
- Category
- Deportation to Torture
- Legal posture
- Reported
- War-crime classification
- Enabling conduct
- ICC relevance
- No
- Sources
- 17 cited
- Stable ID
ice-detention-deaths- Legal basis
- UN Convention Against Torture Article 16 (cruel, inhuman or degrading treatment), ICCPR Articles 6 and 10 (right to life, humane treatment of detainees), Mandela Rules Rule 24 (state obligation to provide healthcare to prisoners), US constitutional duty of care for persons in government custody
- Posture note
- No systematic investigation into the causes of the record death toll has been publicly announced. Congressional oversight has been limited to letters of inquiry. ICE's own detainee death reporting page continues to list individual deaths but does not address systemic causes or the medical payment halt.
- Victims
- 46 people who died in ICE custody or detention facilities since January 2025. Victims include an Afghan refugee who had helped US forces, among many others. The identities and circumstances of most deaths have not been fully disclosed.
- Alleged responsible parties
- Immigration and Customs Enforcement (ICE), Department of Homeland Security, private detention facility contractors, Trump administration officials who expanded detention while allowing medical care payments to lapse
Key points
- 46 people have died in ICE custody or detention facilities since January 2025 — a two-decade high, with 2025 seeing the highest death rate (5.6 per 10,000 detainees) since the 2020 COVID-19 pandemic.
- ICE halted payments to medical care contractors in October 2025 after the VA terminated a longstanding reimbursement agreement, leaving detention facilities without funded medical services.
- Some medical providers began denying services to ICE detainees as a direct result of the payment halt, even as the detained population continued to break records.
- December 2025 was the single deadliest month for ICE detention deaths on record, and by March 2026, deaths had already surpassed the full 2025 total.
- Congressional Democrats sounded alarms, with Senator Hickenlooper and colleagues demanding answers about the detention death toll under the administration.
What Happened
Since the Trump administration took office in January 2025, at least 46 people have died in ICE custody or detention facilities — the highest death toll in two decades. The calendar year 2025 saw 31 deaths and a death rate of 5.6 per 10,000 detainees, the highest since the 2020 COVID-19 pandemic. December 2025 was the single deadliest month on record. By March 2026, deaths had already surpassed the 2025 full-year total.
The deaths occurred in the context of two compounding factors: a massive expansion of the detained population to record levels, and a catastrophic lapse in medical care funding.
Medical Care Payment Halt
On October 3, 2025, ICE halted payments to contractors providing medical care in its detention facilities. The halt occurred after the Department of Veterans Affairs terminated a longstanding agreement to process medical reimbursement claims for ICE. The payment lapse was expected to continue until a new claims processing system became operational in April 2026 — a gap of approximately six months.
The consequences were immediate and severe. As a Trump administration source told Popular Information journalist Judd Legum: "ICE's failure to pay its bills for months has caused some medical providers to deny services to ICE detainees."
This meant that at a time when the detained population was at record levels, detainees were losing access to the medical care that the government is legally obligated to provide to persons in its custody.
Record Detention Population
The death toll must be understood in the context of an unprecedented expansion of immigration detention. Under the administration's aggressive enforcement posture, the number of people held in ICE detention facilities broke records repeatedly throughout 2025 and into 2026. More people detained in more facilities, with fewer medical resources, created conditions where preventable deaths became systemic.
Legal Analysis
The government bears a constitutional and international legal duty of care to persons it holds in custody. When it detains people, it assumes responsibility for their health, safety, and wellbeing.
Deliberate indifference: Under US constitutional law (established in Estelle v. Gamble), the government's deliberate indifference to the serious medical needs of persons in custody constitutes cruel and unusual punishment. The knowing failure to fund medical care for months while deaths mounted raises serious deliberate indifference concerns.
International obligations: The ICCPR Article 10 requires that all persons deprived of liberty be treated with humanity and respect for their inherent dignity. The Mandela Rules (Rule 24) establish that healthcare in detention is a state responsibility and must meet community standards. A six-month payment lapse that causes providers to deny services fails both standards.
Why This Is Classified Critical
- Record death toll: 46 deaths in approximately 14 months, the highest rate in two decades.
- Systemic medical care failure: A deliberate payment halt — not an accident — left detainees without funded medical services for months.
- Duty of care violation: The government chose to massively expand detention while simultaneously allowing medical funding to lapse, a foreseeable and foreseen cause of preventable death.
- Ongoing and accelerating: Deaths in early 2026 already exceed the full 2025 total, indicating the crisis is worsening.
- Vulnerable population: Detainees cannot seek medical care on their own and are entirely dependent on the government that has failed to provide it.
International Law Violations
- CAT Article 16: The combination of record-level detention, medical care denial, and resulting deaths amounts to cruel, inhuman, or degrading treatment.
- ICCPR Article 6 (Right to Life): The state's obligation to protect life extends to persons in its custody. Preventable deaths from medical care denial represent a failure of this obligation.
- ICCPR Article 10: Detainees must be treated with humanity. Denying medical care is a fundamental violation.
- Mandela Rules Rule 24: Healthcare for prisoners is a state responsibility. A six-month funding lapse is incompatible with this standard.
Update: HRW/PHR Report Finds Deaths Up 140%; UN Calls for Investigation (June 2026)
On June 25, 2026, Human Rights Watch and Physicians for Human Rights released a joint 73-page report, "Dying in Detention: Rising Deaths in an Expanding US Immigration Detention System," providing independent, quantified corroboration of the pattern documented above. Covering the period from January 20, 2025 through June 4, 2026, the report tallies 52 deaths in ICE custody — a mortality rate more than double that of the first Trump administration and nearly quadruple the rate under the Biden administration. The report finds that seven apparent suicides occurred among detainees in a single year, compared to just one in 2024, and situates these deaths against a detained population that surpassed 71,000 people in January 2026, itself a record high. The joint authorship of a human rights organization and a medical/forensic organization lends particular weight to the report's findings on the causal relationship between detention conditions, denied medical and mental health care, and preventable deaths.
The following day, June 26, 2026, UN High Commissioner for Human Rights Volker Türk formally called for "prompt, independent, impartial and effective investigations" into all deaths in ICE custody. Türk cited 19 deaths in the first five months of 2026 alone, compared to 8 deaths in the same period of 2025 — more than double year-over-year — and referenced "concerning allegations regarding use of force" in connection with some of these deaths. A UN Human Rights Chief invoking the formal language of independent investigation is a significant escalation from monitoring to active international scrutiny, placing US detention practices within the same accountability framework typically applied to human rights crises abroad.
Together, these two developments elevate this entry's findings from domestic reporting to corroborated, multi-source, international human-rights-body documentation. The HRW/PHR report's methodology — cross-referencing government data, court records, and direct interviews — independently arrives at a death count and rate consistent with the domestic reporting already cited in this entry, while the UN's intervention confirms that the pattern of deaths, medical neglect, and use-of-force allegations has risen to the threshold warranting formal international human rights investigation.
Update: Deadliest Fiscal Year on Record; ICE Pulls Its Own Death Reviews (July–September 2026)
Fiscal year 2026, which ran from October 2025 through September 2026, ended as the deadliest year for people in ICE custody in the agency's history. Bloomberg Law counts 37 deaths in the fiscal year, with more than 60,000 people in immigration detention at any given time. They include five presumed suicides and 13 deaths still pending autopsy or investigation, along with deaths from cardiac arrest, pneumonia and suspected natural causes. Twelve of the people who died had been held for 140 days or more, the longest for 389 days, and their ages ranged from 19 to 85. One of them, Lianyong Wei, a Chinese citizen, was found with a bedsheet around his neck after two days in detention. Cumulative counts for the second Trump administration vary by method and cutoff date: The Intercept reports at least 56 deaths, and The American Prospect's own tally reaches at least 65.
Oversight has shrunk as deaths have risen. According to Bloomberg Law, DHS's Office for Civil Rights and Civil Liberties went from more than 100 employees to fewer than five, and the Office of the Immigration Detention Ombudsman was shut down after Congress eliminated its funding. That leaves the Office of Inspector General as the only remaining external overseer. "At this rate you're going to see standards getting lower and lower," former DHS official Peter Mina told Bloomberg Law.
On September 25, 2026, ICE posted mortality reviews, its internal reviews of deaths in custody, to its public records library. Within about four days they had been removed. The American Prospect reports that 33 reviews covering deaths since 2019 were released, and that nearly all of them documented serious failures of medical care: staff refusing to give routine medications, confiscating detainees' medications on arrival, delaying emergency care, misreading diagnostic tests, and performing CPR inadequately. The Intercept examined eight reviews of 2025 deaths and found that three-quarters documented substandard care. Dr. Katherine Peeler of Physicians for Human Rights described one case, that of Lorenzo Antonio Batrez Vargas, as "a case of pretty egregiously managed care." ICE did not respond to The Intercept's request for comment.
The deaths continued. Carlos Josué Marchena Marchena, a 36-year-old Costa Rican man with Type 1 diabetes, died in September 2026 at Winn Correctional Center in Louisiana after reportedly being denied insulin. According to The American Prospect, it was the third death at that facility in 2026. Separately, a July 2026 Human Rights Watch/ACLU report documented deaths and abuse at Camp East Montana on Fort Bliss, including a death the medical examiner ruled a homicide; it is recorded in its own entry, fort-bliss-camp-east-montana-detention-abuse.
International law engaged
| Instrument | Provision | What it protects or prohibits |
|---|---|---|
| UN Convention Against Torture | Article 16 | Obligation to prevent cruel, inhuman or degrading treatment in territory under state jurisdiction |
| International Covenant on Civil and Political Rights | Article 6 | Inherent right to life; obligation of the state to protect this right |
| International Covenant on Civil and Political Rights | Article 10 | All persons deprived of their liberty shall be treated with humanity and respect for inherent dignity |
| UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) | Rule 24 | Provision of health-care services is a State responsibility; prisoners should enjoy the same standards of health care available in the community |
Independent legal analysis
Update log
-
Bloomberg Law reports 37 deaths in ICE custody in FY2026, the deadliest fiscal year on record, as DHS's Office for Civil Rights and Civil Liberties was cut from over 100 staff to fewer than five and the Office of the Immigration Detention Ombudsman was shuttered. ICE posted and then removed mortality reviews documenting medical neglect (The Intercept, The American Prospect). Carlos Josué Marchena Marchena, 36, a Costa Rican man with Type 1 diabetes, died at Winn Correctional Center in Louisiana in September 2026 after reportedly being denied insulin, the third death at that facility in 2026 (The American Prospect).
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UN High Commissioner for Human Rights Volker Türk formally calls for "prompt, independent, impartial and effective investigations" into all ICE custody deaths, citing 19 deaths in the first five months of 2026 (versus 8 in the same period of 2025) and "concerning allegations regarding use of force."
-
A joint 73-page Human Rights Watch/Physicians for Human Rights report, "Dying in Detention: Rising Deaths in an Expanding US Immigration Detention System" (covering Jan 20, 2025 - June 4, 2026), finds 52 deaths in ICE custody in the report period — a mortality rate more than double the first Trump term and nearly quadruple the Biden administration's rate. Seven apparent suicides occurred in one year versus one in 2024. The detention population hit 71,000+ in January 2026.
Sequence of events
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New administration expands immigration detention
The Trump administration takes office and immediately begins expanding immigration enforcement, leading to a rapid increase in the detained population to record levels.
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ICE halts medical care payments to contractors
ICE stops paying contractors providing medical care in detention facilities after the Department of Veterans Affairs terminates a longstanding agreement to process medical reimbursement claims. The payment halt is expected to last until April 2026.
-
2025 ends as deadliest year in two decades
With 31 deaths recorded during calendar year 2025 and December being the single deadliest month on record, ICE detention reaches its highest death toll and death rate since at least 2004.
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WOLA reports on escalating detention deaths and DHS appropriations
The Washington Office on Latin America publishes its border update documenting the detention death toll and raising alarms about DHS funding and ICE warrant practices.
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NPR reports 2026 deaths already surpass 2025 total
NPR reports that immigration detention deaths in early 2026 have already surpassed the full-year 2025 total, with 46 deaths since the administration took office.
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HRW/ACLU document deaths and neglect at Fort Bliss camp
Human Rights Watch and the ACLU publish an 84-page report on Camp East Montana, the ICE tent camp on Fort Bliss, documenting beatings, medical neglect and the January 3, 2026 death of Geraldo Lunas Campos, which the medical examiner ruled a homicide.
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ICE posts, then removes, mortality reviews documenting medical neglect
ICE posts mortality reviews of people who died in its custody to its public records library. The American Prospect reports 33 reviews of deaths since 2019 were released and that nearly all documented significant failures of medical care. Within about four days the documents are removed; The Intercept reports that eight reviews of 2025 deaths were de-indexed and that three-quarters of those eight documented substandard medical care.
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Fiscal year 2026 ends as the deadliest on record for ICE
Bloomberg Law reports 37 deaths in ICE custody in fiscal year 2026 (October 2025 to September 2026), the deadliest fiscal year on record for the agency, including five presumed suicides and 13 deaths still pending autopsy or investigation.
Sources
- ICE custody deaths are at a 2-decade high — CBS News archived ✓
- Deaths in ICE custody already surpass last year's total — NPR archived ✓
- Deaths and Health Care Issues in ICE Detention Centers Under the Second Trump Administration — KFF archived ✓
- 5 big changes to ICE detention under Trump — CNN archived ✓
- How ICE's Budget Boom Is Changing Immigration Detention — Brennan Center for Justice archived ✓
- U.S.-Mexico Border Update: Detention deaths, DHS appropriations, ICE warrants — WOLA archived ✓
- Hickenlooper, Colleagues Sound Alarm on Deaths in Immigration Detention Under Trump — Senator Hickenlooper archived ✓
- ICE Detention Deaths: 2025 Was the Deadliest Year in Two Decades — State of Surveillance archived ✓
- Dying in Detention: Rising Deaths in an Expanding US Immigration Detention System — Human Rights Watch
- Deadly Cost of Trump's ICE Crackdown Revealed in Human Rights Watch Report — The Daily Beast
- Deaths in US immigration custody must be investigated: UN rights chief — UN News
- UN rights chief calls for probe into migrant deaths in US detention centres — Al Jazeera
- US: Türk alarmed at deaths in ICE custody, calls for urgent preventive action — OHCHR
- ICE Deleted Reviews for Deaths in Custody That Cited Shoddy Medical Care — The Intercept
- Disturbing Pictures of Neglect in ICE Mortality Reviews — The American Prospect
- Immigrant Deaths in ICE Custody Nearly Double as Oversight Wanes — Bloomberg Law
- US: Deaths, Neglect in Fort Bliss Immigration Detention — Human Rights Watch