The "Stop Shackling and Detaining Pregnant Women Act" seeks to safeguard the humane treatment of pregnant, lactating, and postpartum noncitizens within the immigration detention system. It establishes a strong presumption against their detention, requiring the Secretary of Homeland Security to generally avoid detaining or arresting individuals known to be pregnant, lactating, or postpartum, and to immediately release any detained noncitizen found to be pregnant. Detention is permitted only under extraordinary circumstances where an individualized determination finds a credible, serious risk of physical harm to others that cannot be mitigated by alternative programs. For removal purposes, detention of pregnant individuals is limited to the shortest possible period, not exceeding five days, in temporary housing. The Secretary must conduct weekly reviews of any detained pregnant noncitizens to ensure continued justification for their detention, with a mandate for release within 24 hours if detention is no longer warranted. A key provision of the bill is the prohibition on using restraints on pregnant, lactating, or postpartum noncitizens, including during labor and delivery. Exceptions are extremely narrow, requiring a facility administrator's individualized determination of an immediate and serious risk of physical harm or escape, and only the least restrictive restraint may be used. Certain restraints, such as leg, waist, or 4-point restraints, are absolutely forbidden, as is any restraint during labor or delivery. Detailed records must be kept for any use of restraints under these exceptional circumstances. The bill also mandates access to comprehensive healthcare services for detained noncitizens in DHS custody, including routine prenatal care, labor and delivery, postpartum care, substance use disorder treatment, and reproductive health services, including abortion services . All medical services require informed consent, and treatment cannot be administered against a noncitizen's will. Non-medical staff are generally prohibited from being present during sensitive medical procedures unless specifically requested by medical personnel. Furthermore, the legislation requires the Secretary to provide notice of rights to detained noncitizens and implement mandatory training for Department of Homeland Security employees involved in their care. Facility administrators must submit quarterly reports detailing restraint use, detention numbers, and pregnancy outcomes, which the Secretary will audit and summarize for Congress. These reports, with appropriate redactions for privacy, are to be made publicly available.
The "Stop Shackling and Detaining Pregnant Women Act" seeks to safeguard the humane treatment of pregnant, lactating, and postpartum noncitizens within the immigration detention system. It establishes a strong presumption against their detention, requiring the Secretary of Homeland Security to generally avoid detaining or arresting individuals known to be pregnant, lactating, or postpartum, and to immediately release any detained noncitizen found to be pregnant. Detention is permitted only under extraordinary circumstances where an individualized determination finds a credible, serious risk of physical harm to others that cannot be mitigated by alternative programs. For removal purposes, detention of pregnant individuals is limited to the shortest possible period, not exceeding five days, in temporary housing. The Secretary must conduct weekly reviews of any detained pregnant noncitizens to ensure continued justification for their detention, with a mandate for release within 24 hours if detention is no longer warranted. A key provision of the bill is the prohibition on using restraints on pregnant, lactating, or postpartum noncitizens, including during labor and delivery. Exceptions are extremely narrow, requiring a facility administrator's individualized determination of an immediate and serious risk of physical harm or escape, and only the least restrictive restraint may be used. Certain restraints, such as leg, waist, or 4-point restraints, are absolutely forbidden, as is any restraint during labor or delivery. Detailed records must be kept for any use of restraints under these exceptional circumstances. The bill also mandates access to comprehensive healthcare services for detained noncitizens in DHS custody, including routine prenatal care, labor and delivery, postpartum care, substance use disorder treatment, and reproductive health services, including abortion services . All medical services require informed consent, and treatment cannot be administered against a noncitizen's will. Non-medical staff are generally prohibited from being present during sensitive medical procedures unless specifically requested by medical personnel. Furthermore, the legislation requires the Secretary to provide notice of rights to detained noncitizens and implement mandatory training for Department of Homeland Security employees involved in their care. Facility administrators must submit quarterly reports detailing restraint use, detention numbers, and pregnancy outcomes, which the Secretary will audit and summarize for Congress. These reports, with appropriate redactions for privacy, are to be made publicly available.