Stop Shackling and Detaining Pregnant Women Act
- Bill Number
- S. 916
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-03-10: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-01-21T06:48:24Z
AI-Generated Summary
Purpose of the Legislation
The "Stop Shackling and Detaining Pregnant Women Act" (S. 916) aims to protect pregnant, lactating, and postpartum noncitizen women in U.S. immigration detention by prioritizing their release from custody and banning harmful practices like shackling (using physical restraints). It seeks to ensure humane treatment, access to medical care, and compliance with health standards during detention, while allowing limited exceptions for serious safety risks.
Key Provisions
- Definitions: Establishes clear terms, such as "restraint" (devices like handcuffs or leg irons used for custody, excluding medical ones), "postpartum" (up to one year or longer after birth, as determined by a healthcare provider), "detained noncitizen" (adults or juveniles held by federal, state, or local agencies under immigration law), and roles like "facility administrator" (overseer of detention centers).
- 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 exist (e.g., immediate threat of harm to others that alternatives to detention cannot address).
- Allows short-term detention (up to 5 days) only for deportation purposes in temporary housing.
- Mandates weekly reviews of any detained cases, with release within 24 hours if conditions change, including preparation of medical records and coordination with attorneys or sponsors.
- Humane Treatment Standards (Section 4):
- Prohibits restraints on pregnant, lactating, or postpartum individuals during custody, transport, labor, or delivery, except in rare "extraordinary circumstances" (e.g., immediate risk of harm or escape), requiring the least restrictive option and no use during labor.
- Bans nonmedical staff from rooms during exams, labor, or delivery unless requested by medical personnel, with privacy protections (e.g., staff facing the head area).
- Ensures 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 similar standards for U.S. Customs and Border Protection (CBP) custody.
- Mandates informed consent for treatments (no forced care) and arrangements with nearby hospitals for emergencies.
- Requires documentation and public reporting (with privacy redactions) of any restraint use.
- Notice, Training, and Oversight (Sections 5–6):
- Requires notices of rights in understandable languages and annual training for Department of Homeland Security (DHS) employees on these rules.
- Mandates quarterly reports from facilities on restraint uses, detention numbers, lengths, and pregnancy outcomes; annual DHS audits and reports to Congress; and public posting of data (without personal identifiers).
- Directs DHS to issue regulations for implementation and minimum medical standards in facilities.
Significant Changes to Existing Law
- Introduces a federal presumption of release for pregnant/lactating/postpartum noncitizens under the Immigration and Nationality Act, shifting from discretionary detention to mandatory release unless narrowly defined risks apply—this overrides prior practices allowing routine detention.
- Imposes nationwide bans on shackling and inhumane practices in immigration facilities (federal, state, local, or private), with strict exceptions and documentation, building on but expanding limited existing guidelines (e.g., some agency policies against routine shackling during labor).
- Adds enforceable reporting, auditing, and training requirements, creating accountability mechanisms absent in current immigration detention laws, and explicitly includes postpartum care up to a year (previously undefined or inconsistent).
Potential Impacts
- On Government Agencies: DHS (including ICE and CBP), facility operators, and detention officers face new operational mandates, such as increased releases, medical partnerships, training costs, and reporting burdens, potentially reducing detention populations and litigation risks but requiring resource allocation for compliance.
- On Citizens and Noncitizens: Primarily benefits pregnant/postpartum noncitizen detainees by improving health access, reducing trauma from restraints, and promoting family unity through releases; indirectly supports U.S. citizens or residents sponsoring detainees by easing post-release transitions. Could lower healthcare costs for the government by avoiding prolonged detentions.
- On International Relations: Enhances U.S. image on human rights in immigration enforcement, potentially reducing criticism from international bodies (e.g., UN) on treatment of vulnerable groups, though it may strain relations with countries if deportations are delayed.
Main Stakeholders Affected
- Pregnant, Lactating, and Postpartum Noncitizen Detainees: Direct beneficiaries through protections against detention and mistreatment.
- Department of Homeland Security (DHS), ICE, and CBP: Responsible for implementation, training, and reporting; must adapt policies and facilities.
- Facility Administrators and Detention Officers: Oversee compliance, documentation, and emergency care in federal, state, local, or private centers.
- Healthcare Providers: Involved in screenings, treatments, and hospital arrangements for detainees.
- Congressional Committees: Receive reports and oversee enforcement (e.g., Judiciary, Homeland Security, and Appropriations committees in both chambers).
- Attorneys, Sponsors, and Advocacy Groups: Gain tools for monitoring releases and challenging violations.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement under the Immigration and Nationality Act by embedding humane standards, potentially reducing lawsuits over cruel treatment; requires individualized assessments to justify exceptions, aligning with due process requirements.
- Constitutional: Supports Eighth Amendment protections against cruel and unusual punishment by prohibiting inhumane restraints on vulnerable groups, and reinforces equal protection by mandating gender-sensitive care without discrimination.
- Political: Promotes bipartisan human rights focus in immigration policy (introduced by a group of Democratic senators), but could spark debates on balancing public safety with detainee rights; enables congressional oversight to prevent abuses, influencing future detention reforms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (22)
Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Coons, Christopher A. [D-DE], Sen. Cortez Masto, Catherine [D-NV], Sen. Duckworth, Tammy [D-IL], Sen. Durbin, Richard J. [D-IL], Sen. Fetterman, John [D-PA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Heinrich, Martin [D-NM], Sen. Hirono, Mazie K. [D-HI], Sen. Kim, Andy [D-NJ], Sen. Klobuchar, Amy [D-MN], Sen. Markey, Edward J. [D-MA], Sen. Padilla, Alex [D-CA], Sen. Sanders, Bernard [I-VT], Sen. Schiff, Adam B. [D-CA], Sen. Van Hollen, Chris [D-MD], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Wyden, Ron [D-OR], Sen. Whitehouse, Sheldon [D-RI], Sen. Reed, Jack [D-RI]
Recent Actions
- 2025-03-10: Read twice and referred to the Committee on the Judiciary.
- 2025-03-10: Introduced in Senate
Bill Versions
- Stop Shackling and Detaining Pregnant Women Act — issued 2025-03-10 — PDF (18 pages)