How many people died in ICE custody during Trump's first term?

Checked on January 31, 2026
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Executive summary

The most direct figure in the reporting reviewed says 36 people died in ICE custody during Donald Trump’s first presidential term (2017–2021) as cited in a Congressional-staffed press release referenced by Rep. Judy Chu [1]. Reporting and public datasets, however, present a patchwork of counts—by year, by fiscal year, and by category of custody—that produce different totals and leave room for disagreement [2] [3].

1. The simple, reported total: 36 deaths during Trump’s first term

A November 2025 press release on Rep. Judy Chu’s website cites Congressional correspondence stating that “36 detainees died in custody” over the course of President Trump’s first term, and uses that number to compare with deaths reported early in his second term [1].

2. Why other tallies in the public record sometimes look different

News outlets and advocacy groups break counts variously by calendar year, fiscal year, or by narrow definitions of “ICE custody,” producing different snapshots: one analysis noted 14 deaths reported in the first year of the second Trump presidency and documented that the fiscal year 2020 (the last year of Trump’s first term) had 21 deaths, illustrating how annual vs. fiscal accounting changes apparent totals [2]. Public lists compiled from government records (for example, the Wikipedia chronology) also exist and note both the official tallies and concerns about counting methods, underscoring why multiple numbers circulate [3].

3. Definitions matter: who counts as “in ICE custody”?

Counting rules matter because ICE’s in-custody tallies traditionally include deaths that occur at detention centers, in ICE field offices, or after transfer to a hospital while still under ICE authority; they typically exclude deaths in Border Patrol custody or among people who were released shortly before dying—practices that critics say can obscure the true death toll [3]. Several reporters and advocates warn that agency reporting practices and the timing of releases can create gaps between official tallies and family or lawyer accounts [3].

4. Transparency and reporting disputes make single-number certainty difficult

Multiple sources emphasize institutional opacity and contested records: advocacy groups and some journalists say ICE’s reporting has been inconsistent and sometimes delayed, and Congress members flagged differences when comparing the first and second Trump administrations’ reported deaths [1] [3]. Where numbers differ across sources, the discrepancy often reflects differing counting windows (calendar vs. fiscal year), inclusion or exclusion of Border Patrol deaths, or whether someone died after a release from custody [2] [3].

5. Context — trends, comparisons, and why the number matters

The tally of 36 deaths in one four-year presidency is presented in the reporting as a reference point for critics who argue that detention growth and medical neglect have worsened outcomes; other reporting highlights larger spikes in later years (for example, overall higher totals in 2025) to argue that deaths track detention volume and policy choices [2] [4]. Sources also show the political stakes: members of Congress used the 36 figure to press for investigations and reforms, and watchdogs continue to press for clearer, standardized reporting so the public can reliably compare administrations [1] [3].

6. Bottom line and limits of available reporting

Based on the documents reviewed, the best single-line answer reported by Congressional staffers and cited by Rep. Judy Chu is that 36 detainees died in ICE custody during Trump’s first term [1]. That figure should be read alongside other publicly reported counts and with caution because methodological differences—what is counted, when, and by which office—mean some records will show higher or lower numbers and some deaths (e.g., in Border Patrol custody or after release) may not be included in ICE’s official totals [2] [3].

Want to dive deeper?
How does ICE define and report 'detainee deaths' and where can those official reports be found?
What changes to detention policy or medical oversight occurred during Trump’s first term that critics say affected detainee mortality?
How do ICE custody death totals compare across U.S. administrations when using consistent counting rules?