ICE Says It Didn't Disclose Detainee Death Due to Custody Release
ICE did not publicly report the death of a Guatemalan man who died after being released from custody following a seizure at a New Jersey detention center.
U.S. immigration officials have acknowledged that they did not publicly disclose the death of a Guatemalan man who suffered a seizure at a New Jersey detention facility, citing a recent policy change that limits reporting of deaths after release from custody.
Jose Chajon-Raxon experienced the seizure on July 19, one day after being processed into Delaney Hall, a privately operated immigration jail in Newark, according to the Department of Homeland Security (DHS). The agency said he was taken to a hospital and released from Immigration and Customs Enforcement (ICE) custody on July 22. DHS did not provide details on when or where he died, or whether he was still hospitalized at the time.
In a statement, DHS explained that under ICE policy, once an individual is no longer in custody, the agency is not responsible for monitoring or reviewing subsequent deaths. The department described this as "common sense" and noted it is part of a policy change announced earlier this year that ends the practice of reporting deaths occurring within 30 days of release. This rescinds a 2021 policy implemented under the previous administration.
U.S. Representative Rob Menendez, a New Jersey Democrat who has visited Delaney Hall regularly, criticized the change as a "loophole" that allows the agency to avoid accountability by releasing individuals before they die. He said ICE is "dead set on avoiding public scrutiny" and taking responsibility for its failures.
DHS maintained that ICE "remains committed to transparency regarding detainee deaths." The death of Chajon-Raxon became public only after Menendez disclosed it last week, following the death of another detainee in early August. In that case, the person was given a "discretionary release" after losing consciousness at a hospital and died shortly afterward.
Delaney Hall, owned by private prison contractor GEO Group, has been the site of protests by immigration advocates in recent months, including attempts to block vehicles and a hunger strike by detainees over conditions, according to the advocacy group Cosecha. GEO Group did not respond to a request for comment.