Body of Evidence

June 5, 2024

The number of deaths in ICE custody has more than doubled all of last year, and five of six previous years, NBC’s Daniela Silva recently reported.

In this explanatory video, I talk through the body of documentary evidence each death in ICE custody creates. Using real-world examples, I show how the process of government communication goes from press release to dummy death report to death review, and explain the missing pieces many don’t realize exist.

By way of outline, here’s the current ICE policy that governs this process, and a brief synopsis of sources, timing, and examples these records:

1. ICE Interim Death Notification (Press Release)

   1. Created by: ICE Office of Public Affairs

   2. Released: 48 hours after death.

   3. Available here: https://www.ice.gov/newsroom (filter by Topic: Detainee Deaths). Back-up: https://www.aila.org/library/deaths-at-adult-detention-centers.

      

      1. Here’s a prior critique of these releases.

      2. Notice the difference between this information and what ICE shares internally:

         

2. ICE [Dummy] Detainee Death Report

   1. Created by: Enforcement and Removal Operations (ERO)

   2. Released: 30 days after death, updated 90 days after. (theoretically)

   3. Available here: https://www.ice.gov/detain/detainee-death-reporting.

   4. Example:

      

      1. Kate Sosin article in Into documenting ICE’s initial position.

         

      2. Family Declarations regarding inaccurate dummy death reports. From Tammy Owen

         

         From Mike Mirimanian:

         

      3. Past Analysis: The Irreparable Harm of Dying in Darkness.

      4. On the timing requirements of dummy death reports, and ICE’s consistent refusal to obey them: It . . . Worked(?); It . . . Worked (Again?)

3. ICE Detainee Death Review Report (DDR)

   1. Created by: ICE - Office of Professional Responsibility (OPR) - Investigations - External Reviews & Analysis Unit (ERAU))

   2. Released: Within 150 Days after death (target)

   3. Available: Not reliably available in a single location. [But Stay tuned for updates in the next 2 weeks that will help change this]

      1. In the meantime, try: www.ice.gov/foia/library and select “reports” from the dropdown.

      2. American Oversight, NIJC, ACLU, DWN, PHR, Project South, and many others have done yeoman’s work over the years suing to get these because ICE stopped affirmatively publishing them.

   4. Example:

      

   e. FOIA litigants have identified serious discrepancies between these records and the IHSC Mortality Reviews.

4. Note: These reviews often come with a Cover Letter to leadership summarizing (or excluding) key findings. Example:

   

5. Creative Corrections Healthcare & Security Compliance Analysis

   1. Created by: Creative Corrections, as subject-matter experts for ICE-OPR-ERAU

   2. Completed: Within 60-120 days after death

   3. Available: Only via FOIA.

   4. Example:

      

6. IHSC Mortality Reviews

   1. Created by: ERO ICE Health Services Corps - Mortality Review Committee (MRC) + IHSC Investigators

   2. Completed: Roughly 90-120 days after death

   3. Available: Only through FOIA

   4. Examples:

      

   5. Analysis Here: ICE Delivers Deficient Death Reviews on Dia de Los Muertos

   6. Note: These record are often preceded by Preliminary Mortality Review Findings by IHSC

7. IHSC Root Cause Analysis & IHSC Root Cause Action Plan

   1. Created by - IHSC

   2. Timeline - Unknown

   3. Available - Only through FOIA

   4. Example: