The family of a 31-year-old Haitian asylum seeker who died from hypothermia days after being released from U.S. Immigration and Customs Enforcement (ICE) custody is preparing to file a lawsuit, alleging that federal authorities failed to protect a vulnerable immigrant despite clear signs she needed assistance.
Daphy Michel, who had been living in Pennsylvania since arriving in the United States in 2022, was released by ICE in Pittsburgh on February 27 after spending six months in county jail on charges that were later dismissed. According to her family, they expected to be notified of her release so they could pick her up, but no call was made. Instead, Michel was released alone wearing an electronic ankle monitor.
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Three days later, Michel was found unresponsive at a Pittsburgh bus shelter after reportedly spending nearly 24 hours outdoors in freezing temperatures. She was taken to a hospital, where she later died. In June, the Allegheny County Medical Examiner’s Office ruled her death a homicide, determining that she died from hypothermia and describing her as a vulnerable adult with untreated mental health issues and significant language barriers.
The family’s attorney, Joseph Murphy, said a lawsuit against the U.S. government and other entities is expected to be filed, arguing that ICE acted negligently by releasing Michel without ensuring she had transportation, family support or appropriate care despite her condition. He said she was unfamiliar with Pittsburgh, did not speak English and was especially vulnerable because of her mental health challenges.
The Department of Homeland Security (DHS) has denied responsibility for Michel’s death, stating that she died several days after being released from federal custody. DHS has maintained that she was released with her belongings and a charged cellphone, while the family’s attorney disputes that those measures were sufficient, noting that her phone service had expired and she was unable to contact relatives.
The case has drawn national attention and renewed scrutiny of ICE’s release procedures for vulnerable detainees, particularly those with mental health conditions or limited English proficiency. Immigration advocates say the lawsuit could influence future policies governing how individuals are released from federal immigration custody.
