Haitian Woman Froze to Death After ICE Release in Pittsburgh
You are released from federal custody in February, in Pittsburgh, wearing summer clothes, with a dead phone and no way home. That is what happened to Daphy Michel — and three days later, she was found dying on the ground at a bus stop. Now her family is preparing to sue the US government.
Daphy Michel, a 31-year-old Haitian immigrant, froze to death at a Pittsburgh bus shelter in early March after ICE dropped her off alone in the city. Surveillance footage, first published by Pittsburgh's Public Source, showed her sitting at the bus stop for roughly 24 hours — first in daylight, then in darkness, then slumped on the ground. The temperature that morning was 20°F (-6.6°C). She was wearing summer clothes. Authorities found her after someone called for help, but she died hours later at a Pittsburgh hospital.
What the Medical Examiner Found
In June 2026, Pennsylvania officials ruled Michel's death a homicide. The Allegheny County medical examiner's office described her as a vulnerable adult who was "suffering from untreated severe mental health issues and a significant language barrier" at the time ICE released her on February 27. The homicide ruling does not mean criminal guilt — the examiner's office said it means her death resulted from "actions caused by another individual." Pittsburgh detectives are now investigating.
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Michel had been in Washington County jail for six months after a mental health crisis in Charleroi, a small community about 20 miles from Pittsburgh with a large Haitian immigrant community. A judge dismissed the charges and ordered her released in late February. ICE then arrested her, took her to its south Pittsburgh office — in the opposite direction from her home — and released her there. Attorney Joseph Murphy, who represents Michel's family, says her phone plan had expired while she was in jail, leaving her with no working phone. The Department of Homeland Security had previously claimed her phone was fully charged when she was released. DHS also called Michel an "illegal alien," but Murphy says she entered the US legally, held humanitarian status, and had an active asylum application.
Murphy said this week that the family plans to file a lawsuit within the next two to three weeks against the United States and "multiple other governmental and non-governmental entities." He was blunt about what happened: "Anybody who knew Daphy for more than one minute knew there was something wrong with her. It was a real dumb thing to just release her like that in February in Pittsburgh." Michel's case is not isolated. A week before her death, a 56-year-old Rohingya refugee with serious vision problems and limited English was found dead in Buffalo, New York, after US Border Patrol dropped him off alone at a closed coffee shop. His death was also ruled a homicide.
What to Do
- If a family member with mental health issues is in ICE detention, contact an immigration attorney immediately. Attorneys can request that ICE coordinate a safe release plan, including transportation and a responsible party to receive the person.
- If ICE releases someone you know without proper support, document everything: the time, location, what they were wearing, and who was present. This information matters in any future legal claim.
- If you have an active asylum application (like Michel did), make sure your attorney knows your current address and contact information at all times — especially if you are detained.
- If you believe ICE violated someone's rights during detention or release, contact a civil rights organization such as the ACLU or a local immigrant legal services provider. Families may have the right to file a federal tort claim against the government.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
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When ICE releases a detainee with known mental health issues, the agency has a duty-of-care obligation that goes beyond simply opening the door. Families can request, through an attorney, that ICE coordinate release with a responsible party — and if that request is ignored, it can become evidence in a federal tort claim. If your loved one is in detention and you are worried about their safety upon release, contact an immigration attorney now, before the release happens, not after.
Frequently Asked Questions
Can a family sue the US government if someone dies after an ICE release?
Yes, it is possible. Families can file a claim under the Federal Tort Claims Act, which allows lawsuits against the US government for negligent acts by federal employees. The process is complex and has strict deadlines, so families need an attorney quickly.
Does a 'homicide' ruling by a medical examiner mean someone will be charged with a crime?
Not automatically. A homicide ruling means the death resulted from another person's actions — it is a medical classification, not a criminal verdict. A separate criminal investigation must determine whether charges are filed. In Michel's case, Pittsburgh detectives are investigating.
What rights does an asylum seeker have while in ICE detention?
Asylum seekers in ICE detention have the right to legal representation (though not at government expense), the right to request a bond hearing, and the right to humane conditions of confinement. If you have an active asylum application, detention does not automatically cancel it.
What should I do if ICE releases a family member in an unsafe situation?
Document everything immediately: the time and place of release, what the person was wearing, their physical and mental condition, and any belongings they had. Contact an immigration attorney and, if there is a medical emergency, call 911. This documentation can be critical in any future legal action.