Stop Shackling and Detaining Pregnant Women

Summary#

This bill would change how pregnant, lactating, and postpartum people are treated while in immigration custody. It would require pregnancy testing during initial medical screening and create a presumption that such people should not be detained and must be released unless an individualized, documented finding shows extraordinary risk. It limits detention before removal to a short temporary period (up to 5 days) when detention is the only way to carry out a deportation. The bill largely bans physical restraints and shackles on pregnant, lactating, and postpartum people in DHS custody, with narrow exceptions for documented extraordinary circumstances and strict limits on the types and use of any allowed restraints. It requires access to a range of health services (prenatal, labor and delivery, treatment for complications, substance use disorder treatment, postpartum care including contraception, lactation services, and menstrual supplies) and requires informed consent for medical care. The bill also restricts nonmedical staff from being present during pelvic or breast exams, labor, or delivery except when medical staff request it for a limited time and with privacy protections. Facility administrators must have arrangements with nearby maternity hospitals and policies for medical emergencies. The bill requires notice of rights to detained people, employee training at hiring and annually, facility quarterly reports on detention and restraint uses, and annual audits and rules by the Secretary of Homeland Security.

What it means for you#

• If you are a pregnant, lactating, or postpartum person processed into immigration custody: you would be offered a pregnancy test during initial screening and generally should be released rather than detained unless DHS makes a written, individualized finding that detention is necessary. You would have access to prenatal, labor and delivery, postpartum, and other listed health services, and medical care would require your informed consent.
• If you are detained and later released: facility staff must prepare your medical records, medications, and supplies and notify your attorney, sponsor, or post-release service provider about release plans.
• If you work at or manage a detention facility: you must follow the restraint prohibitions and exceptions, arrange maternity hospital access, provide required training, keep records, and file quarterly reports about pregnant detainees and any restraint uses.
• If you are a member of the public: the bill requires many reports to be posted publicly (with personal data redacted) and requires the Department to issue regulations setting medical care standards.

Expenses#

No publicly available information.

Proponents' View#

The bill text states it is intended "to safeguard the humane treatment of pregnant and postpartum women by ensuring the presumption of release and prohibiting shackling, restraining, and other inhumane treatment." Sponsors introduced it to create those protections and related medical, privacy, training, and reporting requirements.

Opponents' View#

No publicly available information.