Stop Shackling and Detaining Pregnant Women Act

This bill aims to protect pregnant, lactating, and postpartum people held by immigration authorities. It says they should generally be released instead of kept in detention, with very rare exceptions when there’s an immediate, serious safety risk that can’t be managed another way. It also bans shackling and other restraints during pregnancy, labor, and postpartum, except in extraordinary cases, and never during labor or delivery. If someone is found to be pregnant while detained, they must be released right away, and any rare detention must be reviewed every week. A short detention (up to 5 days) is allowed only to carry out a final deportation if there’s no other way to do it .

The bill requires access to health care, including prenatal care, labor and delivery, treatment for complications, postpartum care, lactation support, menstrual products, family planning, and abortion services, with informed consent only. It limits nonmedical staff in exam and delivery rooms to protect privacy, and requires facilities to have plans with nearby maternity hospitals. People must be told their rights in a language they understand, staff must be trained, and facilities must report data about pregnant detainees and any use of restraints, with public summaries posted online .

Key points:

• Who is affected: Pregnant, lactating, and postpartum people in immigration custody; “postpartum” lasts at least one year after birth, or longer if a health provider says so .
• What changes:
  • Presumed release, with immediate release if pregnancy is found; rare, safety-based exceptions with weekly reviews; up to 5 days’ detention only to complete a final removal .
  • No shackling or restraints during pregnancy, labor, or postpartum except in extraordinary cases; least-restrictive only, and never during labor or delivery .
  • Required health services and informed consent; privacy protections in medical settings; hospital arrangements for emergencies .
• When: The Department of Homeland Security must train staff, notify people of their rights, set rules, and publish regular reports to ensure compliance .