Woman’s hypthermia death in Pittsburgh after her release from ICE custody was ruled a homicide, but DHS is avoiding all responsibilities

The Allegheny County Medical Examiner’s Office recently released findings that have sparked a major conversation about the responsibilities of federal agencies. The death of 31-year-old Daphy Michel, a Haitian asylum seeker, has been officially ruled a homicide, Associated Press reported. This determination followed her discovery at a bus shelter in Pittsburgh on March 2.

While the medical examiner noted that a homicide ruling indicates the death was caused by the actions of another individual, it does not function as a declaration of criminal guilt. It is a complex situation that highlights significant gaps in how vulnerable individuals are managed after they leave federal custody.

Daphy Michel arrived at the southern border in 2022 and was seeking asylum in the U.S. According to Joseph Patrick Murphy, who is the attorney representing her family, she had been granted humanitarian parole due to an urgent humanitarian need. She was actually scheduled for a hearing just two weeks after she passed away, meaning she never received the chance to present her case. The medical examiner’s report painted a concerning picture of her state at the time of her release on February 27, noting that she was a vulnerable adult suffering from untreated severe mental health issues and a significant language barrier.

The timeline leading up to this event is difficult to process

Murphy explained that Michel had been arrested last summer for yelling at imaginary people, an incident he attributed to her psychiatric challenges. She ended up spending six months in the Washington County Jail, where she underwent multiple psychiatric examinations while awaiting her first hearing. Following those examinations, a magistrate determined that she could not be held for trial regarding those specific incidents.

Murphy stated that ICE then arrested her directly in her cell, placed an ankle monitor on her, and transported her 25 miles away to Pittsburgh. She was subsequently left at a bus shelter for days during the winter. Murphy noted, “She was in September clothes and it was February, and the weather overwhelmed her and she went into hypothermia.”

The legal implications of the homicide ruling are substantial, even if they aren’t equivalent to a criminal charge. Murphy explained that the ruling suggests someone did or failed to do something that brought about her demise, and he expects that her family will file a lawsuit against ICE.

This perspective stands in stark contrast to the stance taken by the Department of Homeland Security. DHS spokesperson Lauren Bis stated in an email, “ICE had NOTHING to do with this woman’s death. She passed away THREE days after ICE encountered her.” Bis also referred to Michel as “an illegal alien from Haiti” who was placed in removal proceedings after her arrest.

According to the account provided by Bis, ICE maintains that Michel was released with all of her belongings, a fully charged phone, and access to public transportation. The agency claims that they learned the day after Michel died that her ankle monitor had been tampered with.

Bis further alleged that staff from the county medical examiner’s office refused to cooperate or talk with ICE officials regarding the situation. She stated that ICE eventually called the U.S. Marshals Service to retrieve the ankle monitor, but they were allegedly refused information about Michel’s condition. ICE claims they only learned of her death through news media reports.

The fallout from these events has drawn comments from local and federal officials. Allegheny County Executive Sara Innamorato issued a statement calling the death “a tragedy and appears that with a little humanity, it could have been completely avoidable.” Similarly, U.S. Representative Summer Lee, a Democrat from Pennsylvania, remarked that her death was entirely preventable. She added that “she deserved care, shelter, language access, and medical support.”

This situation is occurring alongside a shift in federal transparency policies. ICE is no longer reporting the deaths of detainees within 30 days of their release from custody, which effectively ends a policy that was established in 2021. Experts in the medical field have suggested that this change will likely result in reporting fewer deaths than actually occur, potentially obscuring ongoing issues within the system.