Stop Shackling and Detaining Pregnant Women Act

Presumption of Release: The Secretary is prohibited from detaining or arresting individuals known to be pregnant, lactating, or postpartum, pending a removal decision, which ensures immediate release upon discovery of pregnancy (Section 3(b)(1)).

Access to Healthcare: Individuals in U.S. Immigration and Customs Enforcement custody are guaranteed access to comprehensive services including prenatal care, labor and delivery, and postpartum mental health care (Section 4(c)(1)).

Prohibition of Restraints: The bill prohibits the use of restraints on pregnant, lactating, or postpartum individuals, including during labor and delivery, unless extraordinary circumstances exist (Section 4(a)(1)).

Medical Privacy and Autonomy: The act prevents nonmedical staff from being present during sensitive medical exams unless requested by medical personnel, and requires informed consent before medical treatment is administered (Section 4(b)(1) and Section 4(d)).

Emergency Preparedness: Facility administrators must maintain arrangements with the nearest maternity hospitals to ensure pregnant individuals can be moved quickly in an emergency (Section 4(e)(1)).

Exceptions to Release: The Secretary may still detain pregnant, lactating, or postpartum individuals if they make an individualized determination that the person poses an immediate and serious risk of physical harm to others (Section 3(b)(2)(A)).

Exceptions to Restraint Prohibitions: Restraints may still be used in extraordinary circumstances if there are credible, reasonable grounds to believe the individual poses a risk of physical harm or an immediate risk of escape (Section 4(a)(2)(A)).

Limited Detention for Removal: A pregnant individual subject to a final order of deportation may still be detained in temporary housing for up to five days to effectuate removal (Section 3(b)(3)).