A nonpartisan watchdog group has taken legal action against U.S. immigration authorities. The group, American Oversight, seeks access to records such as autopsy reports and internal reviews related to deaths in federal immigration custody. This legal action comes in response to an increasing number of fatalities, with a Newsweek analysis indicating that 51 individuals have died while in Immigration and Customs Enforcement (ICE) custody since President Donald Trump resumed office.
American Oversight, focused on government transparency, filed the lawsuit on Wednesday in the U.S. District Court for the District of Columbia. The defendants include ICE, U.S. Customs and Border Protection (CBP), and the Department of Homeland Security (DHS). DHS oversees agencies like ICE and CBP, which have implemented the Trump administration’s mass deportation policies.
The lawsuit claims these agencies did not comply with Freedom of Information Act (FOIA) requests submitted in April. The requests sought records related to deaths in immigration detention, including autopsies, toxicology reports, incident reports, and internal reviews of individuals who died in custody since January 2025. Additionally, the requests cover oversight documents like detainee death reviews and medical examiner reports. Federal law generally mandates agency responses within 20 business days, with some exceptions.
Behind every death in immigration custody is a human being, and a family and community left searching for answers.– Chioma Chukwu, Executive Director of American Oversight
Rising Deaths Amid Detention Expansion
Detention facilities are under increased scrutiny due to expanding detention populations under the Trump administration. ICE held 60,311 people as of April 4, according to Transactional Records Access Clearinghouse data. This number was 39,703 on January 12, 2025, shortly before Trump returned to office.
In 2025, 33 people died in ICE custody, the highest annual total since 2004. By mid-2026, 18 deaths were reported, suggesting a rise compared to the previous year.
Goals of the Lawsuit
American Oversight’s complaint notes that they have not received required determinations from ICE or CBP within legal time frames, thus “constructively exhausting” administrative processes. They seek judicial intervention.
Additional requests aim to obtain information on DHS’s oversight activities, including investigations by the Office for Civil Rights and Civil Liberties and the DHS Office of Inspector General. The lawsuit also asks for records of investigations into deaths since March 2025.
The filing states that ICE replaced detailed death reports with less informative summaries. American Oversight argues that this lack of detail makes it harder for families, policymakers, and the public to understand the circumstances of these deaths and whether preventive measures were possible.
Allegations Against Immigration Agencies
ICE and CBP face numerous allegations, including racial profiling and excessive force. Some detainees have claimed medical neglect while in federal custody. As Chioma Chukwu stated, the rising death toll highlights the need for transparency, a sentiment echoed by many seeking answers.