Stop Shackling and Detaining Pregnant Women Act

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

Immediate Release for Pregnant Individuals: The bill requires that any detained noncitizen found to be pregnant be released immediately (Section 3(b)(1)(B)).

Prohibition of Restraints: Restraints are prohibited for noncitizens known to be pregnant, lactating, or postpartum, including during labor and delivery (Section 4(a)(1)).

Protection from Harmful Restraint Positions: Even in extraordinary circumstances, the bill prohibits specific types of restraints, such as leg, waist, or 4-point restraints, and forbids restraining a person in a face-down position or on their back (Section 4(a)(2)(B)).

Access to Comprehensive Healthcare: Individuals in U.S. Immigration and Customs Enforcement custody are granted access to a wide range of services including prenatal care, labor and delivery, postpartum care, and family planning (Section 4(c)(1)).

Privacy and Dignity During Medical Exams: The bill limits the presence of nonmedical staff during pelvic or breast exams, labor, or delivery to protect the privacy of the detained noncitizen (Section 4(b)(1)).

Informed Consent Protections: Medical treatment and services may not be administered without the individual's informed consent (Section 4(d)).

Exceptions for Detention: The Secretary may still detain pregnant, lactating, or postpartum individuals if they determine there are extraordinary circumstances involving a serious risk of physical harm to others or a risk of escape (Section 3(b)(2)).

Temporary Detention for Removal: A pregnant individual subject to a final order of deportation or removal may be detained in temporary housing for up to 5 days for the purpose of effectuating the removal (Section 3(b)(3)).

Use of Restraints in Extraordinary Circumstances: Restraints may still be used if an administrator determines there is an immediate risk of physical harm to others or a credible risk of escape (Section 4(a)(2)(A)).