Prohibiting Shackling and Ensuring Humane Treatment for Pregnant Detainees
New regulations aim to ensure humane treatment for pregnant, lactating, and postpartum women in immigration detention. The act establishes a presumption of release for these individuals and prohibits the use of shackles and other restraints, with limited exceptions. This is intended to improve living conditions and safety for pregnant women and mothers within the detention system.
Key points
Pregnant, lactating, or postpartum women will be released from detention unless they pose an immediate and serious risk to others and no alternative can mitigate the threat.
The use of shackles and other restraints on pregnant, lactating, and postpartum women, including during labor and delivery, is prohibited, with very limited exceptions.
Access to comprehensive medical care, including prenatal, postpartum, lactation services, and family planning, including abortion services, will be ensured.
Non-medical staff are prohibited from being present during intimate exams, labor, delivery, or pregnancy-related treatment, unless specifically requested by medical personnel.
Authorities will regularly report on detentions and use of restraints on pregnant individuals, with this information made publicly available.
Introduced
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