Daphy Michel, a 31-year-old Haitian asylum seeker, died March 2 after being found unresponsive at a bus shelter in Pittsburgh, and the Allegheny County Medical Examiner's Office has now ruled her death a homicide, according to findings released Friday.
Background
Michel arrived at the U.S. southern border in 2022 while seeking asylum and was granted humanitarian parole based on urgent humanitarian need, said Joseph Patrick Murphy, an attorney representing her family. She had been living in Pennsylvania when she was arrested last summer for yelling at imaginary people due to psychiatric challenges, according to Murphy.
While in custody at Washington County Jail for six months awaiting a hearing, Michel underwent multiple psychiatric examinations. A magistrate ultimately determined there was insufficient cause to hold her for trial on charges related to threatening imaginary people, Murphy said. Following her release from the jail, ICE arrested her directly from her cell and placed an ankle monitor on her.
On Feb. 27, immigration authorities transported Michel approximately 25 miles (40 kilometers) to Pittsburgh and dropped her at a bus shelter. She remained there for days in winter weather conditions before being found dead, according to Murphy. "She was in September clothes and it was February, and the weather overwhelmed her and she went into hypothermia," he said.
The Investigation
The medical examiner's office determined Michel was a vulnerable adult suffering from untreated severe mental health issues and a significant language barrier at the time of her release. Her cause of death was hypothermia, with the manner classified as homicide—indicating "the death was caused by the actions of another individual," though this designation does not constitute a declaration of criminal guilt.
The finding opens potential legal pathways for accountability. Murphy said he expects Michel's family to file a lawsuit against Immigration and Customs Enforcement in connection with her death. The classification means "somebody did or failed to do something that brought about her demise," Murphy explained, distinguishing the medical determination from formal criminal charges.
Department of Homeland Security spokesperson Lauren Bis pushed back on any suggestion of agency responsibility. "ICE had NOTHING to do with this woman's death. She passed away THREE days after ICE encountered her," Bis wrote in an email. Bis said Michel had all her belongings, a fully charged phone, and public transportation available upon release. According to Bis, ICE learned the day after Michel's death that her ankle monitor "had been tampered with."
Allegheny County Executive Sara Innamorato called Michel's death "a tragedy and appears that with a little humanity, it could have been completely avoidable." U.S. Rep. Summer Lee, a Democrat from Pennsylvania, said the death was preventable and that Michel "deserved care, shelter, language access, and medical support."
Key Takeaways
- Daphy Michel, 31, died March 2 after being found at a Pittsburgh bus shelter where she had been left by immigration authorities five days earlier
- The Allegheny County Medical Examiner ruled her death a homicide caused by hypothermia
- Michel suffered from untreated severe mental health issues and faced significant language barriers upon release
- Her family attorney expects to file a civil lawsuit against ICE; no criminal charges have been announced
- DHS maintains ICE bears no responsibility, noting she was released with belongings, a charged phone, and access to public transit
What's Next
No criminal charges have been filed in connection with Michel's death. The homicide classification by the medical examiner does not automatically trigger prosecution but could factor into any future criminal investigation or civil litigation. Michel had a scheduled immigration hearing set for two weeks after her death that she never lived to attend. ICE has ceased reporting deaths of detainees within 30 days of release from custody, ending a policy implemented during the previous administration—an action health experts say will undercount actual mortality among those recently released from immigration detention.