I
119th CONGRESS
2d Session
H. R. 10401
IN THE HOUSE OF REPRESENTATIVES
September 15, 2026
Mr. Thanedar (for himself, Mrs. Watson Coleman, Mr. Thompson of Mississippi, Mr. Cohen, Mr. Conaway, Ms. Crockett, Mr. Davis of Illinois, Ms. Escobar, Mr. Espaillat, Mr. García of Illinois, Mr. Goldman of New York, Mr. Green of Texas, Mr. Johnson of Georgia, Ms. McCollum, Mrs. McIver, Ms. Mejia, Mr. Moulton, Ms. Norton, Ms. Schakowsky, Ms. Tlaib, and Mr. Quigley) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To require the Director of the U.S. Immigration and Customs Enforcement to carry out notification, review, reporting, and record preservation requirements relating to covered deaths involving U.S. Immigration and Customs Enforcement custody.
Short title
This Act may be cited as the No ICE Deaths in the Dark Act of 2026
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Notification, review, reporting, and preservation requirements for covered deaths involving ice custody
In general
Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following:
Notification, review, reporting, and preservation requirements for covered deaths involving ICE custody
Notification requirements
Next of kin
Not later than 24 hours after a covered death, the Director of U.S. Immigration and Customs Enforcement shall make reasonable efforts to notify the next of kin of the deceased individual. In the case that the next of kin has not been notified in 24 hours, the Director shall continue to make reasonable efforts to notify until such notification is made.
Consulate
Not later than 24 hours after a covered death, the Director of U.S. Immigration and Customs Enforcement shall make reasonable efforts to notify the appropriate consulate, where applicable.
Inspector general
Not later than 24 hours after a covered death, the Director of U.S. Immigration and Customs Enforcement shall notify the Inspector General of the Department of Homeland Security.
Congressional notice
Not later than 24 hours after a covered death, the Director of U.S. Immigration and Customs Enforcement shall notify the appropriate congressional committees, including a description of the notifications made pursuant to paragraphs (1) through (3). If any notification required under paragraphs (1) through (3) has not been made at the time such notice is provided to the appropriate congressional committees, the notice shall identify the notification that has not been made and describe the status of that notification.
Interim public notice
In general
Not later than 48 hours after a covered death, the Director of U.S. Immigration and Customs Enforcement shall publish an interim notice of the covered death on the internet website of U.S. Immigration and Customs Enforcement.
Contents
The interim notice required under paragraph (1) shall be limited to objective information about the known facts and circumstances surrounding the covered death.
Notification efforts
The Director of the U.S. Immigration and Customs Enforcement shall make reasonable efforts to notify the next of kin and appropriate consulate in accordance with subsection (a) before posting an interim notice under paragraph (1). In the case that such notification has not been made, completion of such notification shall not be a precondition to publishing the notice under paragraph (1).
Notice to congress
Before or contemporaneously with posting an interim notice under this subsection, the Director of the U.S. Immigration and Customs Enforcement shall provide such notice to the appropriate congressional committees.
Detainee death report
In general
Not later than 30 days after a covered death, the Director of U.S. Immigration and Customs Enforcement shall complete and post on the internet website of U.S. Immigration and Customs Enforcement a detainee death report for such covered death.
Contents
Subject to subsection (i), the detainee death report required under paragraph (1) shall include, to the extent known—
the name of the deceased individual;
the date of death;
the location of the individual at the time of death;
the facility or facilities where the individual was held, if applicable;
the cause or suspected cause of death;
relevant medical history or known medical conditions;
the circumstances surrounding the death; and
whether the death occurred while the individual was in ICE custody or within 30 days after release from ICE custody.
Notice to congress
Before or contemporaneously with posting a detainee death report under this subsection, the Director of the U.S. Immigration and Customs Enforcement shall submit the report to the appropriate congressional committees.
Public-Facing information
The Director of U.S. Immigration and Customs Enforcement shall maintain, on the public-facing website of U.S. Immigration and Customs Enforcement, the interim public notice under subsection (b) and the detainee death report under subsection (c) in a publicly accessible, downloadable, searchable, and sortable format.
Medical mortality review
In general
Not later than 60 days after a covered death, the Director of the U.S. Immigration and Customs Enforcement shall complete a medical mortality review for such covered death.
Contents
A medical mortality review under this subsection shall evaluate the deceased individual’s medical history and clinical care while in ICE custody to determine—
the cause of death;
whether changes to policies, procedures, or practices are warranted;
whether follow-up actions are needed;
whether any issues require further study; and
whether any act, omission, failure to comply with applicable standards, policy failure, or other error caused or materially contributed to the individual’s death.
Suicide
In the event of suicide, the medical mortality review may include a psychological autopsy.
Outside records
The Director of U.S. Immigration and Customs Enforcement may use available outside records if autopsy, toxicology, or other outside records are available.
Detention death review
In general
Not later than 180 days after a covered death, the Director of U.S. Immigration and Customs Enforcement shall complete a detention death review for such covered death.
Contents
A detention death review under this subsection shall include an objective examination of the facts and circumstances surrounding the individual’s detention, release if applicable, and death, including—
whether the individual received care and treatment consistent with applicable detention standards related to health, safety, and security; and
whether any act, omission, failure to comply with applicable standards, policy failure, or other error caused or materially contributed to the individual’s death.
Corrective actions
A detention death review under this subsection shall identify any corrective actions, policy changes, training needs, or further investigation that may be warranted.
Delayed completion
If the Director of U.S. Immigration and Customs Enforcement cannot complete a detention death review within the 180-day period described in paragraph (1), the Director shall provide a written status update to the Inspector General of the Department of Homeland Security and the appropriate congressional committees every 30 days until the review is completed.
Report
The Director of U.S. Immigration and Customs Enforcement shall submit to the appropriate congressional committees and the Inspector General of the Department of Homeland Security the completed review under this subsection.
Preservation
Upon learning of a covered death, the Director of the U.S. Immigration and Customs Enforcement shall preserve all records and evidence related to the covered death, including medical records, detention records, incident reports, video footage, investigative materials, and other relevant materials.
Quarterly reports to congress
In general
Not later than 30 days after the end of each fiscal quarter, the Director of the U.S. Immigration and Customs Enforcement shall submit to the appropriate congressional committees a report on all covered deaths during such quarter and any covered deaths from previous quarters for which review under subsections (e) or (f) has been completed or is in progress.
Contents
Each report required under paragraph (1) shall include—
the number of covered deaths;
whether each covered death occurred while the individual was in ICE custody or within 30 days after release from ICE custody;
the status of any interim public notice required under subsection (b);
the status of any detainee death report required under subsection (c);
the status of any medical mortality review required under subsection (e);
the status of any detention death review required under subsection (f);
findings from completed reviews, to the extent appropriate for disclosure; and
any corrective actions recommended or implemented, to the extent appropriate for disclosure.
Privacy and protection of sensitive information
In general
Nothing in this section shall be construed to require the public disclosure of information prohibited from disclosure by Federal law.
Public redactions
For any information made publicly available under this section, the Director of the U.S. Immigration and Customs Enforcement may withhold or redact information only to the extent necessary to protect sensitive medical, privacy, law enforcement, national security, or next-of-kin information.
Congressional access
Nothing in this subsection shall be construed to authorize withholding information from the appropriate congressional committees, except to the extent disclosure is prohibited by Federal law.
No categorical exemption
A covered death shall not be exempt from the requirements of this section solely because the death involved suicide, suspected suicide, or other sensitive circumstances.
Definitions
In this section:
Appropriate congressional committees
The term appropriate congressional committees means—
the Committee on Homeland Security of the House of Representatives;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committees on Judiciary of the House of Representatives and Senate.
Covered death
The term covered death means-—
the death of an individual while in ICE custody; or
the death of an individual within 30 days after release from ICE custody, if the death could reasonably be considered related to the individual’s detention, medical care, treatment, conditions of confinement, transport, the release process, or any other circumstance connected to ICE custody.
ICE
The term ICE means U.S. Immigration and Customs Enforcement.
ICE custody
The term ICE custody means that an individual is in the custody of the Director of the U.S. Immigration and Customs Enforcement, or by an entity acting on behalf of U.S. Immigration and Customs Enforcement, for purposes of immigration detention, including custody in—
an immigration detention facility;
a contracted, privately operated, State, or local detention facility used by U.S. Immigration and Customs Enforcement;
a medical facility, holding room, or transport vehicle used by U.S. Immigration and Customs Enforcement; or
any other location where an individual is held while being transferred between facilities or locations.
Applicability
The requirements of this section shall apply to any covered death occurring after the date that is 90 days after the date of the enactment of this section.
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Clerical amendment
The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following:
Sec. 295. Notification, review, reporting, and preservation requirements for covered deaths involving ICE custody.
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Effective date; applicability
The amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.