A nonpartisan watchdog group has sued U.S. immigration authorities, seeking records such as autopsy reports and internal reviews related to deaths in federal immigration custody as the number of fatalities rises—with a Newsweek analysis finding that 51 deaths have occurred in Immigration and Customs Enforcement (ICE) custody since President Donald Trump returned to office.
American Oversight, a nonprofit organization focused on government transparency, filed a lawsuit on Wednesday 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).
DHS is responsible for overseeing agencies such as ICE and CBP, which have been on the front lines of the Trump administration’s mass deportation policy.
The lawsuit says the agencies failed to respond to Freedom of Information Act (FOIA) requests filed in April that sought records tied to deaths in immigration detention—including autopsies, toxicology reports, incident reports and internal reviews covering individuals who died in ICE or CBP custody since January 2025, as well as oversight documents such as detainee death reviews, mortality reviews, root cause analyses and medical examiner reports. Under federal law, agencies are generally required to respond to FOIA requests within 20 business days, though extensions are permitted in some cases.
Newsweek has contacted ICE for comment via email outside normal office hours.
Rising Deaths Amid Detention Expansion
Immigration detention facilities have faced rising scrutiny of their conditions as the detained population has grown significantly under the second Trump administration. As of April 4, ICE was holding 60,311 people in detention, according to Transactional Records Access Clearinghouse data. The nonprofit’s data shows that figure as 39,703 on January 12, 2025—about a week before Trump returned to office.
In 2025, at least 33 people died in ICE custody, the highest annual total since 2004. In the first half of 2026, 18 deaths have been reported, putting the year on track to surpass last year’s figure.
What the Lawsuit Seeks
In its complaint, American Oversight said it had not received a determination from ICE or CBP within the time frames required under federal law. It argues the agencies have therefore “constructively exhausted” administrative processes, and it is seeking court intervention.
A second set of requests seeks information about oversight activities within DHS, including the work of the Office for Civil Rights and Civil Liberties, the Office of Immigration Detention Ombudsman and the DHS Office of Inspector General. The lawsuit also seeks records on investigations into deaths conducted since March 2025.
The filing said ICE previously published detailed reports on deaths in custody but replaced those late last year with shorter summaries that provided less information about the circumstances of each case.
According to American Oversight, the reduced level of detail has made it more difficult for families, policymakers and the public to understand how deaths occurred and whether they could have been prevented.
The lawsuit seeks a court order requiring the agencies to search for and release responsive records.
Allegations Against Immigration Agencies
ICE and CBP are facing a litany of allegations, including claims of racial profiling and excessive use of force, while some detainees have told Newsweek they experienced medical neglect in federal custody.
“Behind every death in immigration custody is a human being, and a family and community left searching for answers,” Chioma Chukwu, the executive director of American Oversight, said in a news release. “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.”
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