PITTSBURGH — The family of Daphy Michel is poised to file a lawsuit this month against the United States and multiple other governmental and non-governmental entities. Pennsylvania officials ruled Michel's death a homicide caused by hypothermia in June.

Michel died on 2 March in Pittsburgh, Pennsylvania. Authorities attempted lifesaving measures after receiving a call about Michel, but she died hours later in a Pittsburgh hospital.

Michel was wearing summer clothes when she was found unresponsive on a morning when the temperature was 20F (-6.6C). ICE released Michel with an ankle monitor on 27 February. ICE arrested Michel after an immigration hearing and transported her to its office in south Pittsburgh before releasing her.

The Department of Homeland Security is the United States federal executive department that oversees immigration enforcement. The agency posted a statement on X in March saying it had nothing to do with Michel's death. The Department of Homeland Security referred to Michel as an illegal alien in its communications. The Department of Homeland Security stated it was sunny and Michel’s phone was fully charged when she was released.

Surveillance camera images show Michel at a bus shelter on Pittsburgh’s south side on 1 March, sitting on a bench in daylight, remaining there into the evening, and eventually lying on the ground the following morning. Public Source, an independent news non-profit, published surveillance images showing Michel was at the bus stop for about 24 hours.

Pittsburgh detectives are investigating Michel's death. The Allegheny County Medical Examiner’s Office stated its ruling of homicide should not be interpreted as a declaration of criminal guilt but as actions caused by another individual. The Allegheny County Medical Examiner’s Office stated Michel was a vulnerable adult suffering from untreated severe mental health issues and a significant language barrier at the time of her release.

Michel was arrested by police last September after a member of the public made an emergency call reporting she appeared to be having a mental health crisis in the street in Charleroi. Witnesses reported Michel was screaming in response to imaginary voices and brandishing a knife at the time of her arrest. Michel was held in Washington County Jail awaiting court hearings that were repeatedly rescheduled.

Michel had been in county jail for six months following a reported mental health crisis and street incident before being arrested by ICE. A judge dismissed the charges against Michel and ordered her freed from jail in late February. Michel was a 31-year-old asylum seeker from Haiti.

The case involves the death of an asylum seeker shortly after release from federal custody, leading to a homicide determination by state medical examiners. The impending lawsuit targets the United States government alongside other entities, indicating a broad legal challenge regarding the circumstances of Michel's release and subsequent death. Pittsburgh detectives continue to investigate the incident, while federal authorities have publicly denied responsibility for the outcome.

Why It Matters

The homicide ruling and impending lawsuit establish a potential legal precedent regarding federal liability when releasing vulnerable asylum seekers with untreated mental health issues into extreme conditions. This case places the circumstances of Michel's death, including her language barrier and exposure to 20F temperatures, under judicial scrutiny despite federal denials of responsibility. The outcome could define obligations for immigration authorities during the release of individuals deemed vulnerable by state medical examiners.