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Preserving the Health of Detained Pregnant Women


On Friday July 9th, ICE announced a new policy in which “it should not detain, arrest, or take into custody for an administrative violation individuals known to be pregnant, postpartum, or nursing, unless release is prohibited by law or exceptional circumstances,” as officially stated by ICE’s memorandum. 

 Additionally ICE has provided further guidance on mandated care for pregnant, postpartum, or nursing mothers including heavily minimizing permitted use of restraints for these individuals, consistently monitoring and keeping records of their mental and physical health, and continually reevaluating whether or not the individual should remain detained. 

This new policy shifts away from the harsh Trump immigration policy related to freely detaining pregnant women and giving them the same sentences as other detainees. As said by ICE acting Director Tae Johnson said the change "reflects our commitment to treat all individuals with respect and dignity while still enforcing our nation's laws." This new set of policy is taking a step towards providing humane treatment of immigrants in the U.S.


Image Courtesy of Voice in America




AILA. “AILA - ICE Issues Updated Guidance in Identifying and Monitoring Pregnant, Postpartum, or Nursing Individuals.” American Immigration Lawyers Association, July 1, 2021.


Alvarez, Priscilla. “ICE Issues New Policy Guidance Discouraging Detention of Pregnant Women.” CNN. Cable News Network, July 9, 2021.

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