What does Preamble of Stop Shackling and Detaining Pregnant Women Act do?

This bill aims to safeguard the humane treatment of pregnant and postpartum women It ensures the presumption of release and prohibits shackling, restraining, and other inhumane treatment

What does SHORT TITLE. of Stop Shackling and Detaining Pregnant Women Act do?

This Act is formally titled the 'Stop Shackling and Detaining Pregnant Women Act'.

What does DEFINITIONS. of Stop Shackling and Detaining Pregnant Women Act do?

This section defines key terms used throughout the Act. “Appropriate committees of Congress” includes specific committees from both the Senate and the House of Representatives. “Commissioner” refers to the Commissioner for U.S. Customs and Border Protection. “Detained noncitizen” encompasses adults and juveniles detained by federal, state, or local law enforcement agencies under the Immigration and Nationality Act. “Detention officer” is defined as an individual working at a facility performing duties related to security, custody, or transport of individuals in custody. “Director” refers to the Director for U.S. Immigration and Customs Enforcement. “Facility” includes government and privately-owned facilities used to hold individuals under the authority of the Secretary of Homeland Security. “Facility administrator” is the official responsible for overseeing a facility or their designee. “Postpartum” is defined as the period following delivery, determined by a healthcare provider. “Restraint” refers to physical restraints or mechanical devices used for custody purposes, excluding medical restraints, and provides a list of examples. “Secretary” means the Secretary of Homeland Security.

What does LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF of Stop Shackling and Detaining Pregnant Women Act do?

The Secretary must provide pregnancy testing during initial medical screening. Pregnant, lactating, or postpartum individuals may not be detained except under certain circumstances. The Secretary may detain such individuals if they pose an immediate risk to others and alternative programs cannot mitigate the threat. Detained pregnant individuals may be held for up to 5 days for removal purposes. Weekly reviews will be conducted for detained noncitizens to determine if detention is still necessary.

What does HUMANE TREATMENT OF PREGNANT DETAINED NONCITIZENS WHILE IN of Stop Shackling and Detaining Pregnant Women Act do?

This section establishes restrictions on the use of restraints on pregnant, lactating, or postpartum noncitizens in the custody of the Department of Homeland Security. Restraints are generally prohibited, but exceptions are allowed only in extraordinary circumstances involving an immediate risk of physical harm or escape, requiring an individualized determination by a facility administrator. Specific restraints, such as leg, waist, or 4-point restraints, and restraints binding hands behind the back or in certain positions, are explicitly prohibited. If restraints are used, a record must be created and submitted to the Director, with copies retained for at least five years and made available for public inspection with redactions. Nonmedical staff are generally prohibited from being present during pelvic exams, labor, delivery, or related treatment unless specifically requested by medical personnel. Detained noncitizens are entitled to access comprehensive health care services, including reproductive health care, prenatal and postpartum care, substance use disorder treatment, and family planning services, including abortion services. Informed consent is required before providing any services described in subsection (c)(1), and medical treatment may not be administered against a noncitizen's will. Facilities must maintain arrangements with nearby maternity hospitals and policies to ensure proper care in emergencies.

What does NOTICE OF RIGHTS AND TRAINING. of Stop Shackling and Detaining Pregnant Women Act do?

The Secretary must provide notice of rights to detained noncitizens. The notice must be in a language or manner the noncitizen can understand. Department of Homeland Security employees involved in detention or care of pregnant or postpartum detainees must receive training.

What does REPORTS; RULEMAKING. of Stop Shackling and Detaining Pregnant Women Act do?

This section mandates that facility administrators of detention facilities holding pregnant noncitizens submit quarterly reports to the Secretary. The reports must include details on restraint use during pregnancy, labor, or postpartum recovery, including the type of restraint and justification. Reports also need to detail the number of pregnant noncitizens held, released, average detention length, and detention durations (15-30 days and over 30 days). The reports must describe pregnancy outcomes, including live births, stillbirths, miscarriages, abortions, ectopic pregnancies, maternal morbidity/death, neonatal death, and preterm birth. The Secretary is required to audit the information received, submit a summary report to Congress disaggregated by facility, and issue regulations establishing minimum medical care standards. Reports are prohibited from containing individually identifying information of detained noncitizens or their healthcare providers. The reports submitted under this section are to be made publicly accessible on a website, with exceptions to protect the facility administrator's name. The Secretary must adopt regulations or policies to implement the Act's requirements at detention facilities managed or overseen by the Department of Homeland Security.

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Stop Shackling and Detaining Pregnant Women Act

Last updated: 7/23/2025 · Introduced: 7/23/2025

Author: Sylvia Garcia (D-TX)

TL;DR (AI)

The Secretary of Homeland Security must provide pregnancy testing during initial medical screening for detained individuals.
Pregnant, lactating, or postpartum individuals may not be detained except under certain circumstances, such as posing an immediate risk to others.
The use of restraints on pregnant, lactating, or postpartum noncitizens is generally prohibited, with exceptions only in extraordinary circumstances.
Detained noncitizens are entitled to access comprehensive health care services, including reproductive health care, prenatal and postpartum care, and substance use disorder treatment.
Facility administrators must submit quarterly reports to the Secretary, including details on restraint use, detention lengths, and pregnancy outcomes, which will be made publicly accessible.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 5 more.

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