Daphy Michel
A Haitian asylum seeker's hypothermia death was ruled a homicide as her family prepares to sue ICE over her release from federal custody. America's Black Holocaust Museum/Official Website

A Haitian asylum seeker died from hypothermia days after being released from federal immigration custody and left alone in Pittsburgh during winter weather. Now a medical examiner's ruling that classified her death as a homicide is placing renewed scrutiny on ICE's handling of vulnerable detainees as her family prepares legal action.

Daphy Michel, 31, was found dead at a bus shelter on 2 March, less than a week after being released from detention. The Allegheny County Medical Examiner's Office concluded that hypothermia caused her death and ruled the manner of death a homicide, which prompted critics to question the circumstances surrounding her release.

The office stressed that a homicide determination does not assign criminal responsibility. This heightened concerns from advocates, elected officials and Michel's family, who argue the ruling points to a systemic failure rather than an unavoidable tragedy.

Release Followed Months Of Mental Health Concerns

Michel, a native of Haiti, arrived at the US southern border in 2022 seeking asylum, according to family attorney Joseph Patrick Murphy. She was later granted humanitarian parole and was scheduled to appear at an immigration hearing just two weeks after her death.

The medical examiner's report stated that Michel was a vulnerable adult suffering from untreated severe mental health issues while also facing a significant language barrier.

Murphy said her mental health struggles led to her arrest last year after she was allegedly seen shouting at imaginary people. She spent approximately six months in Washington County Jail, where she underwent repeated psychiatric evaluations.

According to Murphy, a magistrate eventually determined there was no basis to hold her for trial. Instead of walking free, Michel was immediately taken into ICE custody.

She was fitted with an ankle monitor and transported roughly 25 miles to Pittsburgh.

'She was in September clothes and it was February, and the weather overwhelmed her and she went into hypothermia,' Murphy told AP News.

Family Targets ICE After Medical Examiner's Findings

Murphy said Michel's relatives intend to sue ICE, arguing the agency failed to take reasonable steps to protect a woman whose mental health challenges had been extensively documented during her detention.

'Somebody did or failed to do something that brought about her demise,' Murphy said, referring to the homicide determination.

The case has attracted support from public officials who say Michel's death raises serious questions about the treatment of detainees after they leave federal custody.

Allegheny County Executive Sara Innamorato described the death as 'a tragedy' and suggested it may have been preventable.

'It appears that with a little humanity, it could have been completely avoidable,' she said.

Pennsylvania Representative Summer Lee echoed those concerns.

'She deserved care, shelter, language access, and medical support,' Lee said.

ICE Rejects Claims Of Responsibility

Federal officials have firmly pushed back against allegations that the agency bears responsibility for Michel's death.

Lauren Bis, a spokesperson for the Department of Homeland Security, said ICE 'had NOTHING to do with this woman's death' and noted that Michel died three days after her release.

Bis said Michel was released with her belongings, a fully charged mobile phone and access to public transport.

She also described Michel as 'an illegal alien from Haiti' who had been placed in removal proceedings following her arrest.

According to the department, ICE later learned that Michel's ankle monitor had allegedly been tampered with. Bis further claimed that county officials declined to provide information requested by federal authorities and that the agency first learned of Michel's death through media reports.

Michel's death has also reignited debate over how immigration authorities track outcomes after detainees leave custody.

ICE recently ended a Biden-era policy requiring the agency to report deaths occurring within 30 days of release. Public health experts have criticised the change, arguing it could obscure deaths connected to conditions that emerged during detention or shortly afterwards.