Stop Shackling and Detaining Pregnant Women Act
- Bill Number
- H.R. 4664
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-07-23: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-14T08:08:07Z
AI-Generated Summary
Purpose
The "Stop Shackling and Detaining Pregnant Women Act" (H.R. 4664) aims to protect pregnant, lactating, and postpartum noncitizen women in U.S. immigration detention by promoting their release from custody where possible and banning harmful practices like physical restraints (shackling). It seeks to ensure humane treatment, access to medical care, and compliance with health standards during detention, focusing on facilities under the Department of Homeland Security (DHS).
Key Provisions
- Definitions: Establishes terms such as "detained noncitizen" (any individual held by federal, state, or local agencies under immigration law), "restraint" (devices like handcuffs or leg irons used for custody, excluding medical devices), "postpartum" (up to one year or longer after birth, as determined by a health provider), and roles like "facility administrator" (overseer of detention sites).
- Limits on Detention (Section 3):
- Requires pregnancy testing during initial medical screenings for all entering custody.
- Creates a presumption against detaining pregnant, lactating, or postpartum individuals; mandates immediate release unless exceptional risks (e.g., serious threat to others that alternatives to detention cannot address).
- Allows limited detention (up to 5 days) only for imminent removal from the U.S.
- Mandates weekly reviews of any detained pregnant individuals, with release within 24 hours if conditions no longer justify detention, including preparation of medical records and coordination with support networks.
- Humane Treatment Standards (Section 4):
- Prohibits restraints on pregnant, lactating, or postpartum women in DHS custody, including during transport, labor, or delivery, except in rare "extraordinary circumstances" (e.g., immediate risk of harm or escape), requiring the least restrictive option and immediate removal if requested by medical staff.
- Bans certain restraint types (e.g., leg irons, belly chains) outright and requires written documentation of any use, retained for 5 years and made publicly available (with privacy protections).
- Limits nonmedical staff presence during pregnancy-related exams or delivery to only what's requested by medical personnel, ensuring privacy (e.g., staff facing the patient's head and at a distance).
- Guarantees access to comprehensive care for those in U.S. Immigration and Customs Enforcement (ICE) custody, including prenatal/postpartum services, nutrition, mental health support, contraception, abortion, and menstrual products; requires informed consent for all treatments.
- Mandates arrangements with nearby hospitals and emergency care policies for U.S. Customs and Border Protection (CBP) custody.
- Notice and Training (Section 5): Provides detained individuals with clear notices of their rights in understandable languages; requires DHS employees (at hiring and annually) to receive training on these protections.
- Reporting and Oversight (Section 6): Facility administrators must submit quarterly reports on restraint uses, detention numbers, lengths, and pregnancy outcomes (without identifying details). DHS must audit annually, report to Congress, issue facility care standards, and make reports public. The Secretary of Homeland Security must create implementing regulations.
Significant Changes to Existing Law
This bill introduces federal mandates that go beyond current practices under the Immigration and Nationality Act (INA). Previously, there were no uniform requirements for pregnancy testing, presumptive release, or bans on restraints during pregnancy—practices varied by facility or state. It adds strict exceptions, documentation, and reporting not explicitly required before, and expands postpartum protections (up to a year) while prohibiting forced medical treatments, aligning with but strengthening guidelines from bodies like the American College of Obstetricians and Gynecologists.
Potential Impacts
- Government Agencies: DHS, ICE, and CBP will face increased administrative burdens, including training, weekly reviews, medical arrangements, and public reporting, potentially raising costs for alternatives to detention and healthcare. Enforcement of immigration removal may slow due to release presumptions.
- Citizens and Detained Individuals: Primarily affects noncitizen women by reducing trauma from restraints, improving health outcomes (e.g., fewer complications in pregnancy), and facilitating family unity through releases. U.S. citizen or legal resident families of detainees may benefit indirectly from better maternal care.
- International Relations: Could enhance the U.S.'s image on human rights in immigration, potentially influencing bilateral discussions on migrant treatment, but might strain relations with countries criticizing U.S. detention practices if releases lead to perceived leniency.
Main Stakeholders
- Pregnant, Lactating, and Postpartum Noncitizen Women: Direct beneficiaries through protections against detention and mistreatment.
- DHS Agencies (ICE, CBP): Responsible for implementation, including staff training, medical access, and reporting.
- Facility Administrators and Detention Officers: Must enforce bans, conduct reviews, and document exceptions at federal, state, local, or private facilities holding immigrants.
- Congressional Committees: Oversight bodies (e.g., Judiciary, Homeland Security, Appropriations in both chambers) receive reports and shape future policy.
- Healthcare Providers and Advocates: Involved in care delivery, consent processes, and potential litigation over compliance.
- Immigration Attorneys and Support Organizations: Aid in releases, rights notices, and post-detention services.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens due process under the INA by prioritizing health over routine detention, potentially reducing lawsuits over cruel treatment (e.g., Eighth Amendment claims of "unnecessary suffering"). Exceptions require "individualized determinations," promoting fairness but inviting challenges if applied inconsistently.
- Constitutional: Aligns with protections against cruel and unusual punishment (Eighth Amendment) and equal protection (Fourteenth Amendment) for vulnerable groups, emphasizing dignity in custody without broadly altering immigration authority.
- Political: Highlights tensions in immigration reform, appealing to human rights advocates but possibly criticized by enforcement hawks as weakening border security. As a bipartisan-introduced bill (though led by Democrats), it could foster compromise on detainee welfare amid ongoing debates over detention expansion.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Garcia, Sylvia R. [D-TX-29]
Cosponsors (59)
Rep. Thompson, Bennie G. [D-MS-2], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Takano, Mark [D-CA-39], Rep. Waters, Maxine [D-CA-43], Rep. Espaillat, Adriano [D-NY-13], Rep. Clarke, Yvette D. [D-NY-9], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Castro, Joaquin [D-TX-20], Rep. Ramirez, Delia C. [D-IL-3], Rep. Johnson, Henry C. "Hank" [D-GA-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Evans, Dwight [D-PA-3], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. DeGette, Diana [D-CO-1], Rep. Davis, Danny K. [D-IL-7], Rep. Sewell, Terri A. [D-AL-7], Rep. Simon, Lateefah [D-CA-12], Rep. Tlaib, Rashida [D-MI-12], Rep. Carson, André [D-IN-7], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Correa, J. Luis [D-CA-46], Rep. Ross, Deborah K. [D-NC-2], Rep. Vargas, Juan [D-CA-52], Rep. Williams, Nikema [D-GA-5], Rep. Fields, Cleo [D-LA-6], Rep. Crockett, Jasmine [D-TX-30], Rep. Wilson, Frederica S. [D-FL-24], Rep. Bell, Wesley [D-MO-1], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Green, Al [D-TX-9], Rep. Kelly, Robin L. [D-IL-2], Rep. Omar, Ilhan [D-MN-5], Rep. Thanedar, Shri [D-MI-13], Rep. Goldman, Daniel S. [D-NY-10], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. McCollum, Betty [D-MN-4], Rep. Khanna, Ro [D-CA-17], Rep. Soto, Darren [D-FL-9], Rep. Figures, Shomari [D-AL-2], Rep. Lee, Summer L. [D-PA-12], Rep. Brownley, Julia [D-CA-26], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Swalwell, Eric [D-CA-14], Rep. Frankel, Lois [D-FL-22], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Tokuda, Jill N. [D-HI-2], Rep. Ansari, Yassamin [D-AZ-3], Rep. McIver, LaMonica [D-NJ-10] and 9 more
Recent Actions
- 2025-07-23: Referred to the House Committee on the Judiciary.
- 2025-07-23: Introduced in House
- 2025-07-23: Introduced in House
Bill Versions
- Stop Shackling and Detaining Pregnant Women Act — issued 2025-07-23 — PDF (18 pages)