To safeguard the humane treatment of pregnant women by ensuring the presumption of release and prohibiting shackling, restraining, and other inhumane treatment of pregnant detained noncitizens, and for other purposes.
This bill prohibits the detention and shackling of pregnant, lactating, and postpartum women in immigration custody while establishing new protections for their health and dignity. The Department of Homeland Security must release pregnant detainees immediately and can only detain them in extraordinary circumstances where they pose an immediate and serious threat to themselves or others, with detention limited to five days for women with final deportation orders. The legislation bans the use of restraints like handcuffs, belly chains, and leg shackles on pregnant women during pregnancy, labor, delivery, and the postpartum period, except in rare cases where the least restrictive restraint is necessary due to safety concerns. Detainees must receive access to comprehensive reproductive health care, including prenatal care, counseling, postpartum care, and abortion services, and cannot have nonmedical staff present during medical examinations or childbirth unless requested by medical personnel. The bill requires DHS to train all employees who work with pregnant detainees, provide detainees with notice of their rights in their native language, and submit quarterly reports to Congress documenting detention practices and pregnancy outcomes at each facility.
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