Stop Shackling and Detaining Pregnant Women Act

This bill aims to protect pregnant, lactating, and postpartum people in immigration custody. It presumes release instead of detention, bans shackling except in rare emergencies, and requires access to health care, privacy, and informed consent. It also adds regular reviews and reporting to prevent mistreatment and long stays.

• Who is affected: People who are pregnant, breastfeeding, or up to one year after birth (or longer if a doctor says so) while in the custody of the Department of Homeland Security, including those held by Immigration and Customs Enforcement or Customs and Border Protection.
• What changes for detention: Pregnancy testing at intake; immediate release if pregnancy is found; detention only in rare cases of immediate danger or escape risk with no other safe option; weekly reviews; quick release once the risk ends; short, temporary holds right before removal if needed.
• What changes for treatment and privacy: No restraints on pregnant, lactating, or postpartum people (never during labor or delivery); if an emergency requires restraint, only the least restrictive type may be used and several methods are banned. Nonmedical staff are kept out of exams and birth unless a doctor asks; patients must give informed consent for any medical care.
• Health care required: Prenatal care, labor and delivery, treatment for complications, mental health care, substance use treatment, postpartum care (including contraception), free menstrual products, lactation support, family planning, and abortion services; CBP must meet minimum care standards; facilities must have plans with nearby maternity hospitals for emergencies.
• When and oversight: The Department would set rules to carry this out, train staff, and give people a clear notice of their rights. Facilities and the Department must file regular public reports, with private details removed.