The family of a 31-year-old Haitian immigrant who froze to death after being released by US Immigration and Customs Enforcement (ICE) in Pittsburgh is preparing to sue the federal government and multiple other entities, according to a report by The Guardian.
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The report said the lawsuit is expected to be filed within the next two to three weeks. The family alleges that authorities released Daphy Michel, who was suffering from severe mental illness, without ensuring she could safely return home.
Michel was later found dead at a bus shelter, and Pennsylvania officials ruled her death a homicide caused by hypothermia.
Released after months in custody
Michel had spent six months in a Pennsylvania county jail after a reported mental health crisis and a street incident. After a judge dismissed the charges against her in late February, ICE took her into custody before releasing her in south Pittsburgh with an ankle monitor.
According to The Guardian, she was expected to return to Charleroi, around 20 miles (32 km) away, but never made it home. Surveillance footage reportedly showed her remaining at a bus shelter for nearly 24 hours.
She was wearing summer clothes despite temperatures dropping to about 20°F (-6.6°C). She was later taken to hospital, where she died.
Attorney alleges 'very bad judgment call'
Joseph Murphy, an attorney representing Michel's family, told The Guardian that the lawsuit would target the United States along with "multiple other governmental and non-governmental entities."
"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... It was a very bad judgment call," Murphy said.
He argued that Michel's mental illness was obvious, that she did not speak English, and that her phone was effectively unusable because its service plan had expired while she was in jail.
Death ruled homicide
In June, the Allegheny County Medical Examiner's Office ruled Michel's death a homicide, stating she was a vulnerable adult suffering from untreated severe mental illness and a significant language barrier when she was released from federal custody.
Officials clarified that the homicide ruling does not assign criminal liability but indicates that another person's actions contributed to the death. Pittsburgh police are investigating the case.
DHS rejects responsibility
The US Department of Homeland Security (DHS), ICE's parent agency, has previously denied responsibility for Michel's death.
According to The Guardian, DHS said in an earlier statement that Michel died three days after being released, adding that she had been released with all her belongings, including a fully charged phone, in sunny weather where public transportation was available. The agency also described her as being in the US illegally.
Murphy disputed those claims, saying Michel had entered the US legally, had been granted humanitarian status, and had an asylum application pending. He also said her mobile phone service had lapsed during her incarceration.
Family says they never got promised call
Michel's brother said the family had expected to collect her after her release from jail and had been told they would receive a call when she was freed. Instead, the next call they received came from a Pittsburgh hospital informing them that she had died.
Advocates told The Guardian that Michel's case reflects broader concerns about how vulnerable immigrants with mental health issues are released from detention without adequate support or transport to their destinations. They said similar practices have been observed under previous administrations as well.
