Sponsors (59)
The bill substantially strengthens protections, medical care, and oversight for pregnant, lactating, and postpartum people in immigration custody—reducing detention and restraints and improving health continuity—while imposing meaningful new costs, reporting burdens, and operational challenges for governments and contractors, and creating privacy and implementation risks that could affect how exceptions and safety decisions are applied.
Pregnant, lactating, and postpartum noncitizens will generally avoid custody because the bill creates a presumption against detention and requires prompt release unless narrow exceptions apply.
Pregnant, lactating, and postpartum detainees will receive substantially better and more consistent medical care because the bill requires minimum medical-care standards consistent with national guidelines, defines the postpartum period, and guarantees access to prenatal, SUD, lactation, contraception, abortion, and postpartum services.
People who are pregnant, lactating, or postpartum in custody will face far fewer routine restraints and clinicians can override restraints, improving safety and dignity and reducing medical risk during pregnancy and delivery.
Federal, state, and local governments — and private contractors — will face substantial new compliance, medical, reporting, and training costs (testing, weekly reviews, expanded services, quarterly reports), likely increasing operating expenses and taxpayer spending.
Detention facilities and DHS staff will face significant operational burdens from added intake testing, weekly individualized custody reviews, rapid-release processing, staff training, and frequent incident reporting, straining staffing and intake logistics.
Publishing redacted restraint findings and facility-level data creates privacy and re-identification risks for detainees, potentially exposing sensitive health information despite redactions.
Based on analysis of 6 sections of legislative text.
Bars routine shackling and sharply restricts detention of pregnant, lactating, and postpartum people in DHS custody; requires testing, medical care, training, reporting, and DHS rulemaking.
Prohibits routine shackling and restricts detention of people who are pregnant, lactating, or within one year postpartum while in DHS custody, requires pregnancy testing at intake, and creates a strong presumption against detaining these individuals with only narrow exceptions for documented, immediate risks. It also requires specific medical care and access to pregnancy-related services, staff training, notice of rights, facility reporting on restraints and pregnancy outcomes, and DHS rulemaking and audits to enforce standards across federal, state, local, and contract detention facilities. The bill defines key terms, limits types of allowable restraints, mandates individualized reviews and quick release when detention is no longer justified, and requires informed consent and privacy protections during exams, labor, and delivery. It does not appropriate funds explicitly but directs the Secretary of Homeland Security to issue regulations, conduct audits, and ensure compliance at facilities under DHS authority.
Introduced July 23, 2025 by Sylvia Garcia · Last progress July 23, 2025