Stop Shackling and Detaining Pregnant Women Act

Summary#

This bill aims to protect pregnant, lactating, and postpartum people who are detained under immigration law. It sets rules for when they may be detained, bans most restraints, requires medical care, and demands reporting and training.

The bill defines key terms such as “postpartum” (at least 1 year after delivery unless a health provider says longer) and lists what counts as restraints. It requires pregnancy testing during initial medical screening.

Key rules in the bill:

  • Presumption of release: The Secretary must not detain someone known to be pregnant, lactating, or postpartum and must immediately release anyone found to be pregnant, except in narrow, extraordinary cases. Detention for removal is allowed only for the shortest time before deportation and no more than 5 days.
  • Exceptions and reviews: Detention or use of restraints is allowed only after an individualized finding that the person poses an immediate and serious risk to others or a serious escape risk that cannot be reduced. Any such detention must be reviewed at least weekly and that review must be completed within 72 hours. If the finding no longer applies, release must happen within 24 hours.
  • Restraints ban and limits: Restraints may not be used on pregnant, lactating, or postpartum detained people, including during transport, except in rare extraordinary circumstances. Even then, only the least restrictive restraint may be used. The bill explicitly bans leg, waist, and 4-point restraints; wrist restraints that bind hands behind the back or to another person; face-down or prone restraints; and any restraint during labor or delivery.
  • Medical privacy and presence rules: Nonmedical staff may not be present during pelvic or breast exams, labor, delivery, or related treatment unless medical staff request them. If requested, nonmedical staff should be the gender of the detained person’s choice when practicable and must protect privacy.
  • Health care access: Detained people must have access to routine and specialized prenatal care, labor and delivery, treatment for pregnancy complications, substance use disorder treatment, postpartum physical and mental health care (including reversible contraception), menstrual products, lactation services, family planning and abortion services, and other related care. Informed consent is required before medical services.
  • Facility duties: Facilities must have arrangements with the nearest maternity hospital and policies for care if a pregnant person cannot be moved quickly.
  • Notice and training: Detained people must receive notice of their rights under the Act in a language or manner they understand. DHS staff who work with pregnant or postpartum detainees must be trained at hiring and annually.
  • Reporting and oversight: Facility administrators must file quarterly reports listing uses of restraints, numbers of pregnant detainees, detention lengths, births in custody, and pregnancy outcomes. The Secretary must audit annual facility reports, provide Congress with a disaggregated summary, and issue regulations setting minimum medical standards.

What it means for you#

  • If you are a pregnant, lactating, or postpartum person subject to immigration detention: you should be tested for pregnancy on intake, given access to a range of pregnancy-related health services, and generally presumed eligible for release unless an individualized, documented safety reason justifies detention. Restraints should not be used except in very rare, documented cases.
  • If you work at or manage a detention facility: you must follow new medical, privacy, and restraint rules; keep arrangements with nearby maternity hospitals; provide notice of rights to detainees; train relevant staff; and submit regular reports about pregnant detainees and any uses of restraints.
  • If you are a health care provider or advocate: the bill requires informed consent for treatment, and it creates a public reporting process and rules for facility care standards that may affect how care is arranged and documented.

Expenses#

No publicly available information.

Proponents' View#

Supporters say the bill will ensure humane treatment of pregnant and postpartum people in immigration custody. The bill’s provisions aim to prevent routine shackling and unnecessary detention, ensure access to prenatal, labor, and postpartum care, protect privacy during exams and births, require staff training, and increase transparency through reporting and audits.

Opponents' View#

No publicly available information.