This bill, titled the "Stop Shackling and Detaining Pregnant Women Act," seeks to ensure the humane treatment of pregnant, lactating, and postpartum noncitizens held in federal immigration detention facilities. It applies to individuals detained by any Federal, State, or local law enforcement agency under the Immigration and Nationality Act, including those held in facilities under contract with the Department of Homeland Security. A core provision establishes a presumption of release for noncitizens known to be pregnant, lactating, or postpartum, prohibiting their detention unless specific, extraordinary circumstances apply. Detention is only permitted if there are credible, reasonable grounds to believe the individual poses an immediate and serious risk of physical harm to others or an unmitigable escape risk, and if alternative programs cannot address these threats. For those subject to removal, temporary detention is limited to the shortest possible period, not exceeding five days, immediately prior to deportation. The bill generally prohibits the use of restraints on pregnant, lactating, or postpartum noncitizens, including during transport, labor, and delivery. Exceptions are made only in extraordinary circumstances where an individualized determination by a facility administrator confirms an immediate and serious risk of physical harm or escape. Even then, only the least restrictive restraint necessary may be used, and certain types of restraints (e.g., leg, waist, 4-point, face-down) are strictly forbidden, as is any restraint during labor or delivery. Furthermore, the legislation restricts the presence of nonmedical staff during sensitive medical procedures like pelvic exams, labor, and delivery, unless specifically requested by medical personnel. It mandates access to comprehensive healthcare services, including routine prenatal care, labor and delivery, postpartum care, lactation services, and family planning, including abortion services. All medical treatments require informed medical consent , and facilities must have arrangements with maternity hospitals for emergencies. To ensure compliance, the bill requires the Secretary of Homeland Security to provide notice of rights to detained noncitizens and annual training for relevant employees. Facility administrators must submit quarterly reports detailing restraint use, the number of pregnant noncitizens, and pregnancy outcomes. The Secretary must audit this data, submit annual reports to Congress, and issue regulations setting minimum standards for medical care, with all reports made publicly accessible while protecting personally identifiable information.
This bill, titled the "Stop Shackling and Detaining Pregnant Women Act," seeks to ensure the humane treatment of pregnant, lactating, and postpartum noncitizens held in federal immigration detention facilities. It applies to individuals detained by any Federal, State, or local law enforcement agency under the Immigration and Nationality Act, including those held in facilities under contract with the Department of Homeland Security. A core provision establishes a presumption of release for noncitizens known to be pregnant, lactating, or postpartum, prohibiting their detention unless specific, extraordinary circumstances apply. Detention is only permitted if there are credible, reasonable grounds to believe the individual poses an immediate and serious risk of physical harm to others or an unmitigable escape risk, and if alternative programs cannot address these threats. For those subject to removal, temporary detention is limited to the shortest possible period, not exceeding five days, immediately prior to deportation. The bill generally prohibits the use of restraints on pregnant, lactating, or postpartum noncitizens, including during transport, labor, and delivery. Exceptions are made only in extraordinary circumstances where an individualized determination by a facility administrator confirms an immediate and serious risk of physical harm or escape. Even then, only the least restrictive restraint necessary may be used, and certain types of restraints (e.g., leg, waist, 4-point, face-down) are strictly forbidden, as is any restraint during labor or delivery. Furthermore, the legislation restricts the presence of nonmedical staff during sensitive medical procedures like pelvic exams, labor, and delivery, unless specifically requested by medical personnel. It mandates access to comprehensive healthcare services, including routine prenatal care, labor and delivery, postpartum care, lactation services, and family planning, including abortion services. All medical treatments require informed medical consent , and facilities must have arrangements with maternity hospitals for emergencies. To ensure compliance, the bill requires the Secretary of Homeland Security to provide notice of rights to detained noncitizens and annual training for relevant employees. Facility administrators must submit quarterly reports detailing restraint use, the number of pregnant noncitizens, and pregnancy outcomes. The Secretary must audit this data, submit annual reports to Congress, and issue regulations setting minimum standards for medical care, with all reports made publicly accessible while protecting personally identifiable information.