Jose Chajon-Raxon suffered a seizure at a privately run New Jersey immigration jail and died after being transferred to a hospital — but federal immigration officials never publicly disclosed his death, citing a policy change that eliminates their responsibility once someone leaves custody.
The Guatemalan man's seizure occurred July 19, just one day after he was processed into Delaney Hall in Newark. U.S. Immigration and Customs Enforcement sent him to the hospital and released him from custody on July 22, according to the Department of Homeland Security. The agency didn't disclose what happened after his hospital transfer, when he died, or whether he'd been released from the hospital before his death.
A Policy Loophole
The case reveals the consequences of a policy shift announced earlier this year. ICE no longer reports deaths that occur within 30 days of someone's release from custody — a reversal of a 2021 policy implemented by the Biden administration five years ago that required such disclosure.
"Per ICE policy, when an individual is no longer in ICE custody then ICE will no longer be responsible for monitoring or reviewing deaths that may occur. This is common sense," DHS said in a statement Wednesday.
But that's not how U.S. Rep. Rob Menendez sees it. The New Jersey Democrat, who's routinely visited Delaney Hall, called the policy change a "loophole" that allows the agency to release someone from custody and then "claim it has no responsibility to investigate their death or inform Congress and the public."
"ICE — consistent with the entire ethos of the Trump Administration — is dead set on avoiding public scrutiny and taking any accountability for its failures," Menendez said.
Pattern of Concern
Chajon-Raxon's death only became public knowledge last week when Menendez disclosed it following another detainee's death in early August. The congressman told reporters that ICE granted that person a "discretionary release" from custody after they were taken to a hospital and lost consciousness. The person died shortly afterward. Menendez didn't identify that individual at the time.
DHS maintained in its statement that ICE "remains committed to transparency regarding detainee deaths."
Protests and Conditions
Delaney Hall has become a flashpoint for immigration advocates in recent months. Fierce protests have erupted at the facility, with demonstrators at times attempting to block vehicles from entering or leaving. Earlier this year, people held at the jail launched a hunger strike over conditions, according to Coseca, an immigrant advocacy group.
The facility is owned by Geo Group, a private prison contractor that operates multiple detention centers across the country. The contractor didn't immediately respond to an email from The Associated Press requesting comment.
Why This Matters:
The policy change fundamentally alters public accountability for deaths connected to immigration detention. When federal agencies can transfer someone to a hospital, release them from custody, and then disclaim responsibility for tracking what happens next, families and the public lose critical information about conditions in detention facilities and the adequacy of medical care. For people held in immigration detention — many of whom haven't been convicted of any crime — the question of who bears responsibility for their safety and wellbeing becomes murky precisely when oversight matters most. The use of private contractors like Geo Group to operate these facilities adds another layer of distance between government accountability and the treatment of detained immigrants. Without mandatory disclosure of deaths that occur shortly after release, patterns of neglect or inadequate medical care become harder to identify and address.