Immigrant Deaths in ICE Custody Nearly Double as Oversight Wanes, What Records Show and What Families Can Do

A September 30, 2026 Bloomberg Law report says 37 people have died in U.S. Immigration and Customs Enforcement (ICE) custody since last fall, calling it the agency’s deadliest fiscal year on record. This article attributes that count to Bloomberg Law. ICE’s own public Detainee Death Reporting page did not show a complete current-year count when this article was prepared.

There is no settlement, class action or claim form tied to these reports, and no automatic payment when someone dies in ICE custody. A family may still have legal options, and some of them carry a strict two-year deadline.

ICE Detention Deaths and Federal Oversight: Quick Facts

Issue	What the records show
Agency responsible	U.S. Immigration and Customs Enforcement (ICE), within the Department of Homeland Security (DHS)
Deaths reported since last fall	37, per Bloomberg Law (Sept. 30, 2026)
ICE average daily detained population	39,314 on Jan. 20, 2025 to 67,204 on April 1, 2026 (a 71% increase), per GAO
Authorized ICE detention facilities	134 to 239 over the same period, per ICE data reviewed by GAO
Largest facility	Camp East Montana, Fort Bliss, El Paso, Texas; capacity of about 5,000
Death reporting	ICE maintains a congressionally mandated Detainee Death Reporting system
Independent inspections	DHS Office of Inspector General (OIG)
Settlement or claim form	None
Automatic compensation	None

Why Are Deaths in ICE Custody Rising?

No one source proves a single cause. What the records do show is how fast the system grew.

GAO reported that ICE’s average daily detained population rose from 39,314 people on January 20, 2025 to 67,204 on April 1, 2026, a 71% increase. Authorized detention facilities grew from 134 to 239 in the same period.

More detainees and more facilities put more pressure on medical staff, contractors, transportation and inspectors. GAO’s findings do not prove that expansion caused any particular death, but they document specific failures that create risk for people in custody.

What GAO Found at ICE’s Camp East Montana in Texas

Camp East Montana opened in August 2025 and became ICE’s largest detention facility. In a June 2026 report (GAO-26-108886), GAO found it opened without meeting several key standards:

• No perimeter security cameras at opening
• No outdoor recreation space at first
• No adequate attorney and family visitation space at first
• Problems with medical services, tuberculosis screening and transportation
• Unsanitary conditions
• A lost loaded firearm
• Gaps in supervision and detainee tracking

GAO also found ICE did not conduct the required pre-occupancy inspection before people were housed there.

GAO described two deaths in January 2026. In the first, a detained person died after a use-of-force incident. The coroner ruled it a homicide caused by asphyxia. GAO said the contractor failed to give ICE required use-of-force and death reports, and that evidence tied to the incident was missing or destroyed.

The second was a suicide. GAO said the person had suicide-risk factors but was placed in a medical holding room instead of a suicide-resistant cell and left unattended longer than the required 15-minute monitoring intervals.

These findings concern one facility. They do not automatically apply to every ICE detention center.

What ICE’s Detainee Death Reporting Rules Require

ICE Directive 11003.6 sets the process for deaths in custody. It requires an initial public notice and a Detainee Death Report. The report is generally due on ICE’s public website within 30 days of the death, with additional reporting due within 60 days, subject to stated exceptions such as pending toxicology and autopsy results.

The reports are meant to include the detainee’s name, A-Number, date and location of death, cause of death when known, and relevant medical information. Because autopsies and outside investigations take time, the public record can change after the first report.

What Happened to DHS Detention Oversight Under ICE?

The Office of the Immigration Detention Ombudsman (OIDO) is an independent DHS office that reviews complaints about immigration detention. The FY2026 DHS budget request proposed eliminating funding for OIDO and the Office for Civil Rights and Civil Liberties. Congressional records show OIDO’s FY2026 funding ended up substantially below its FY2025 level.

DHS OIG, by contrast, received dedicated funding for detention-facility inspections. Senate debate in June 2026 referred to $20 million for that purpose. In practice, oversight now leans more heavily on OIG inspections and GAO reviews.

GAO’s September 2026 report (GAO-26-108663) added that ICE pursued billions of dollars in new detention capacity without sufficient analysis and planning, and bought 11 warehouses for approximately $1 billion.

Does a Death in ICE Custody Mean Liability?

No. A death in custody does not by itself prove negligence or wrongdoing. Each case turns on what happened, who was responsible, where it happened and which legal rules apply.

Families usually want to know whether the person received adequate medical care, whether detention standards were followed, whether force was used, and whether a federal employee or a private contractor was involved.

What Legal Claims Can Families Bring After a Death in ICE Custody?

The options depend on who ran the facility and who caused the harm. A general overview:

• Federal Tort Claims Act (FTCA): The main route for negligence or wrongful death claims against the federal government for the acts of federal employees. The FTCA generally does not cover independent contractors, which is a common obstacle in cases at privately run facilities.
• State-law claims against private contractors: Companies such as private prison operators can face negligence or wrongful death claims under state law.
• Constitutional claims: Civil immigration detainees are protected by the Fifth Amendment, and failure to provide medical care can raise “deliberate indifference” arguments. Damages suits against individual federal officers (Bivens claims) have been sharply limited by the Supreme Court. Section 1983 applies to state and local actors, such as county jails, not federal officers.
• Sovereign immunity and other immunity rules can block or narrow claims, so early legal advice matters.

For more background, see Can I Sue ICE For Illegal Detention? Legal Options, Immunity Barriers, And What Courts Allow 2026.

What Is the FTCA Deadline for an ICE Custody Death Claim?

Under the FTCA, the general sequence is:

1. Present an administrative claim to the federal agency within two years of when the claim accrues, using Standard Form 95 (SF-95). The form must state a “sum certain,” meaning a specific dollar amount.
2. The agency has six months to approve, deny or ignore the claim. Silence after six months can be treated as a denial.
3. After a denial, the family has six months to file suit in federal district court.

An administrative complaint to an oversight office is not the same as an FTCA claim and does not necessarily pause any lawsuit deadline. Families should confirm their exact deadlines with an attorney right away.

How Much Do Lawyers Charge in ICE Custody Death Claims?

Attorneys in these cases typically work on contingency, so families usually do not pay hourly fees. For FTCA claims, federal law caps attorney fees at 20% of an administrative settlement and 25% of a recovery obtained after suit is filed. Fees in claims against private contractors are set by agreement and are usually higher, and case costs such as expert witnesses are often advanced by the firm and repaid from any recovery.

Are Settlements for ICE Custody Deaths Taxable?

Damages received on account of personal physical injury or physical sickness, which includes wrongful death recoveries, are generally excluded from federal income tax. Punitive damages are generally taxable. Families should confirm the treatment of any recovery with a tax professional.

How Do Families Locate Someone in ICE Custody?

ICE runs an Online Detainee Locator System. You can search by A-Number and country of birth, or by first and last name, country of birth and date of birth. Because ICE transfers detainees between facilities, a location can change quickly. Keep copies of correspondence, the names of officials you contact, dates of calls and any documents received.

What Records Should Families Preserve After an ICE Custody Death?

Families should gather or request:

1. Dates the person was detained and every facility where they were held
2. Known medical conditions and medical records
3. Requests for treatment and complaints made to ICE or facility staff
4. Communications with ICE, the facility and attorneys
5. The ICE Detainee Death Report, autopsy and coroner or medical examiner records
6. Facility incident and use-of-force records
7. Immigration court records and the person’s A-File
8. Any photos, videos or witness statements

An attorney can also send preservation (spoliation) letters to ICE and the facility operator so video, medical logs and emails are not lost. Records can be requested through ICE and DHS under the Freedom of Information Act (FOIA), though privacy rules and open investigations can limit what is released.

Can a Family File a Complaint With the DHS Immigration Detention Ombudsman?

Yes. OIDO says it accepts complaints from current or former detainees and from people filing on their behalf, including family members and attorneys. Covered issues include misconduct, excessive force and violations of rights, law, policy or detention standards.

OIDO does not decide whether someone should be released, reconsider detention decisions or give legal advice.

Is There an ICE Custody Death Class Action or Settlement?

No general settlement or nationwide claim form exists in connection with the Bloomberg Law report. Be cautious about websites or ads suggesting everyone affected can submit a claim for payment. Individual cases may involve separate lawsuits, administrative claims or investigations. Separately, civil rights groups sometimes bring facility-specific suits seeking court orders to improve conditions, which is a different matter from a wrongful death claim.

ICE Custody Deaths FAQ

How many people have died in ICE custody in 2026?

Bloomberg Law reported on September 30, 2026 that 37 people had died in ICE custody since last fall. ICE’s Detainee Death Reporting page can be updated as investigations progress, so check it for the latest information.

Does ICE have to investigate a death in ICE custody?

ICE has formal notification, review and reporting procedures for detainee deaths under Directive 11003.6, and its Office of Professional Responsibility has review duties. A separate criminal investigation may also occur when circumstances call for one.

Can undocumented immigrants’ families sue after a death in ICE custody?

Potentially, yes. Constitutional protections and federal tort law do not depend on immigration status, but the available claim depends on the facts, the defendant and the immunity and deadline rules that apply.

Who can be held liable if someone dies in a privately run ICE facility?

The private operator may face state-law claims, and the federal government may face FTCA claims if federal employees were involved. The FTCA’s treatment of independent contractors makes this a fact-specific question for an attorney.

Is immigration detention in ICE facilities criminal punishment?

Immigration detention is generally civil, not criminal punishment, though people may be held in secure facilities while their cases proceed.

Is there an ICE death settlement claim form?

No. No general claim form or nationwide settlement has been announced.

Key Points for Families of People in ICE Custody

Question	Answer
Can families locate a detained person?	Yes, through ICE’s Online Detainee Locator System
Can families complain about ICE detention conditions?	Yes, including to OIDO and DHS OIG channels
Is every death in ICE custody legally wrongful?	No, each case must be investigated
Is there automatic compensation?	No
What is the FTCA claim deadline?	Two years to present the SF-95 to the agency
Does a complaint pause a lawsuit deadline?	Not necessarily

Bottom Line

Bloomberg Law reports 37 deaths in ICE custody since last fall. GAO independently documents that ICE’s daily detained population rose 71%, from 39,314 to 67,204, between January 20, 2025 and April 1, 2026, and found serious medical, suicide-prevention, reporting and inspection failures at Camp East Montana.

For families, the key distinction is that a death in government custody is not the same as proven legal liability. If you believe a death involved inadequate care, excessive force or misconduct, preserve records now and speak with an attorney experienced in immigration detention, civil rights or wrongful death claims before your deadlines pass.

This article is general information, not legal advice. A death, complaint or government investigation does not by itself establish civil or criminal liability.

Sources: Bloomberg Law, “Immigrant Deaths in ICE Custody Nearly Double as Oversight Wanes” (Sept. 30, 2026); GAO-26-108886, Camp East Montana (June 9, 2026); GAO-26-108663, ICE detention expansion (Sept. 24, 2026); ICE Directive 11003.6 and ICE Detainee Death Reporting; DHS FY2026 Budget in Brief; DHS Office of the Immigration Detention Ombudsman; DHS OIG detention inspection reports; 28 U.S.C. §§ 2401(b), 2675 and 2678 (FTCA).

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against GAO reports, ICE’s death-reporting directive and website, DHS budget documents and Bloomberg Law’s September 30, 2026 report, as of October 1, 2026. Last Updated: October 1, 2026.