Congress targets release of pregnant detainees and bans shackling in immigration custody
Also known as: Stop Shackling and Detaining Pregnant Women Act
Legislative Progress
Impacts
Key Points
- Would generally stop Homeland Security from detaining people who are pregnant, lactating, or up to 1 year after giving birth, while their immigration case is pending.
- Requires release of anyone already detained who is found to be pregnant, with narrow exceptions for serious safety or escape risks that can’t be handled another way.
- Bans the use of restraints like handcuffs and shackles on pregnant or postpartum people in custody, including during labor and delivery, with very limited exceptions and strict limits.
- Sets privacy and dignity rules for medical care, like keeping nonmedical staff out of exams and childbirth unless medical staff specifically request help.
- Requires rights notices, staff training, and regular public reporting on how often pregnant people are detained and whether restraints were used.
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
What Happens Next
Projected impacts based on AI analysis
DHS starts offering pregnancy testing during intake medical screening
People processed into custody would be offered a test early, which is important because the release protections depend on pregnancy being identified.
Presumption of release begins for pregnant, lactating, and postpartum people
Most people in these categories would not be detained while their immigration case is pending; those already detained and found pregnant would be released unless DHS claims a rare exception.
Facilities implement the ban on shackling and strict limits on restraints
During transport, exams, labor, delivery, and postpartum recovery, restraints would generally be barred, with narrow emergency exceptions and a requirement to use the least restrictive option.
DHS provides required training at hiring and annual refresher training
Officers and staff who deal with pregnant/postpartum people would be trained on the new rules, which can reduce unsafe practices but takes staff time.
Quarterly facility reports begin covering detention and restraint use for pregnant people
Facilities would have to track and report how many pregnant people were detained, how long, and whether restraints were used; these reports must be posted online with identities protected.
Annual DHS audit and report to Congress begins, with facility-by-facility summaries
Congress and the public would get a clearer picture of detention lengths, releases, and outcomes by facility, which can pressure changes at problem locations.
Source Information
Document Type
Congressional Bill
Official Title
Stop Shackling and Detaining Pregnant Women Act
Sponsor
Cosponsors
(56)Data Sources
Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.