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Protecting Pregnant Detainees: Banning Shackles and Prioritizing Release from Custody

This Act establishes a rule that pregnant, lactating, or postpartum individuals detained under the Immigration and Nationality Act should not be detained unless they pose an immediate and serious threat. It restricts the use of restraints on these individuals, prohibiting their use during labor and delivery, except in extraordinary circumstances. The law also mandates access to health care services, including those related to pregnancy and reproductive health.
Key points
Presumption of Release: The Secretary shall not detain pregnant, lactating, or postpartum individuals unless extraordinary circumstances exist involving an immediate threat.
Restraint Restrictions: The use of restraints on pregnant individuals is prohibited (with exceptions for extraordinary circumstances) and strictly banned during labor or delivery.
Access to Services: Detainees in ICE custody must have access to health services, including prenatal, postpartum, lactation, and abortion services.
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Additional Information
Print number: 118_S_3247
Sponsor: Sen. Murray, Patty [D-WA]
Process start date: 2023-11-08