[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 916 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 916
To safeguard the humane treatment of pregnant and postpartum women by
ensuring the presumption of release and prohibiting shackling,
restraining, and other inhumane treatment, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2025
Mrs. Murray (for herself, Mr. Blumenthal, Mr. Booker, Mr. Coons, Ms.
Cortez Masto, Ms. Duckworth, Mr. Durbin, Mr. Fetterman, Mrs.
Gillibrand, Mr. Heinrich, Ms. Hirono, Mr. Kim, Ms. Klobuchar, Mr.
Markey, Mr. Padilla, Mr. Sanders, Mr. Schiff, Mr. Van Hollen, Ms.
Warren, Mr. Welch, and Mr. Wyden) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To safeguard the humane treatment of pregnant and postpartum women by
ensuring the presumption of release and prohibiting shackling,
restraining, and other inhumane treatment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Shackling and Detaining
Pregnant Women Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner for U.S. Customs and Border Protection.
(3) Detained noncitizen.--The term ``detained noncitizen''
includes any adult or juvenile individual detained by any
Federal, State, or local law enforcement agency (including
under contract or agreement with such agency) under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(4) Detention officer.--The term ``detention officer''
means an individual who--
(A) works at a facility, including an individual
who works at a facility pursuant to a contract or
subcontract; and
(B) performs duties relating to the security,
custody, or transport of individuals in custody.
(5) Director.--The term ``Director'' means the Director for
U.S. Immigration and Customs Enforcement.
(6) Facility.--The term ``facility'' means a Federal,
State, or local government facility, or a privately owned and
operated facility, that is used, in whole or in part, to hold
individuals under the authority of the Secretary of Homeland
Security, including a facility that--
(A) holds such individuals under a contract or
agreement with the Director or the Commissioner; or
(B) is used, in whole or in part, to hold
individuals pursuant to an immigration detainer or
similar request.
(7) Facility administrator.--The term ``facility
administrator'' means the official responsible for oversight of
a facility, or the designee of such official.
(8) Postpartum.--The term ``postpartum'' means during the
1-year period, or longer, as determined by the licensed health
care provider of the individual concerned, following delivery,
including the entire period during which the individual is in a
medical facility, birthing center, or infirmary after birth.
(9) Restraint.--The term ``restraint''--
(A) means any physical restraint or mechanical
device used to control the movement of the body or
limbs of a detained noncitizen's body for custody
purposes, including--
(i) flex cuffs;
(ii) soft restraints;
(iii) hard metal handcuffs;
(iv) a black box;
(v) Chubb cuffs;
(vi) leg irons;
(vii) belly chains;
(viii) a security (tether) chain;
(ix) a convex shield; and
(x) any other type of shackles; and
(B) does not include medical restraints.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF
NEWBORNS.
(a) Access to Pregnancy Testing.--The Secretary shall provide every
individual being processed into custody access to pregnancy testing
during the initial medical screening.
(b) Presumption of Release.--
(1) In general.--Except as provided in paragraph (2), the
Secretary--
(A) may not detain, arrest, or take into custody an
individual under any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) who is known to
be pregnant, lactating, or postpartum, pending a
decision with respect to whether the noncitizen is to
be removed from the United States; and
(B) shall immediately release any detained
noncitizen found to be pregnant.
(2) Exceptions.--The Secretary, pursuant to chapter 4 of
title II of the Immigration and Nationality Act (8 U.S.C. 1221
et seq.), may detain an individual who is known to be pregnant,
lactating, or postpartum--
(A) under extraordinary circumstances in which the
Secretary makes an individualized determination that
credible, reasonable grounds exist to believe that--
(i) such individual poses an immediate and
serious risk of physical harm to others; and
(ii) enrollment in an alternative to
detention program cannot mitigate public safety
threats associated with such individual; and
(B) if such detention is the only means available
to mitigate such threats.
(3) Removal.--If detention is the only means of
effectuating the removal from the United States of a pregnant
individual subject to a final order of deportation or removal,
the Secretary, solely for the purpose of such deportation or
removal, may detain the pregnant individual in temporary
housing in accordance with applicable temporary housing
standards for a period equal to the shorter of--
(A) the shortest possible period immediately
preceding the deportation or removal of the individual
from the United States; and
(B) 5 days.
(c) Weekly Review.--
(1) In general.--The Secretary shall conduct an
individualized review of each noncitizen detained pursuant to
subsection (b)(2) not less frequently than weekly to determine
whether such noncitizen continues to be subject to detention
under such subsection. Each such review shall be completed
within 72 hours after being initiated.
(2) Release.--Not later than 24 hours after the Secretary
determines pursuant to paragraph (1) that a pregnant noncitizen
is no longer subject to detention under subsection (b)(2), the
noncitizen shall be released from the facility in which the
noncitizen had been detained in accordance with safe release
standards. In carrying out such release, an officer at such
facility shall--
(A) prepare the noncitizen's complete medical
records, medications, and any supplies required to
maintain the noncitizen's state of health until the
noncitizen can be seen by a community health
professional; and
(B) communicate with the noncitizen's attorney of
record, sponsor, or any post-release service provider
as soon as details of the noncitizen's planned release
are available.
SEC. 4. HUMANE TREATMENT OF PREGNANT DETAINED NONCITIZENS WHILE IN
DETENTION AND CUSTODY.
(a) Prohibition on Restraint of Pregnant Detained Noncitizens.--
(1) Prohibition.--Except as provided in paragraph (2),
restraints may not be used on a noncitizen who is in the
physical custody of the Department of Homeland Security,
including during transport, if the noncitizen is known to be--
(A) pregnant, including during labor and delivery;
(B) lactating; or
(C) postpartum.
(2) Exceptions.--
(A) In general.--Notwithstanding paragraph (1), and
subject to subparagraph (B), use of a restraint on a
detained noncitizen described in paragraph (1) may be
permitted only in an extraordinary circumstance, except
in the case of a medical contraindication, in which the
facility administrator has ordered the use of the
restraint after making an individualized determination
that--
(i) credible, reasonable grounds exist to
believe the detained noncitizen poses an
immediate and serious risk of physical harm to
others; or
(ii) reasonable grounds exist to believe
the detained noncitizen presents an immediate
and credible risk of escape that cannot be
reasonably minimized through any other method.
(B) Requirement for least restrictive restraints.--
In the rare event of an extraordinary circumstance
described in subparagraph (A), only the least
restrictive restraint necessary shall be used, except
that--
(i) if a doctor, nurse, or other health
professional treating a detained noncitizen
requests that a restraint not be used, the
detention officer accompanying the detained
noncitizen shall immediately remove any
restraint; and
(ii) under no circumstance shall--
(I) a leg, waist, or 4-point
restraint be used;
(II) a wrist restraint be used to
bind the hands of such a detained
noncitizen behind the back of the
detained noncitizen or to another
individual;
(III) a detained noncitizen be
restrained in a face-down position or
on their back; or
(IV) any restraint be used on any
detained noncitizen who is in labor or
delivering.
(3) Record of extraordinary circumstances.--
(A) Requirements.--If a restraint is used on a
detained noncitizen pursuant to paragraph (2)(A), not
later than 5 days after the date on which the restraint
was used, the facility administrator shall--
(i) record in writing the finding that
describes the medical purpose or extraordinary
circumstance that dictated the use of the
restraint; and
(ii) submit the finding to the Director.
(B) Retention.--
(i) Facility.--With respect to a written
finding under subparagraph (A)(i), the facility
administrator shall--
(I) keep the finding on file at the
applicable facility for not less than 5
years after the date on which the
restraint was used; and
(II) make a copy of the finding
available for public inspection on
request, only after making appropriate
redactions so as to protect personally
identifiable information.
(ii) U.S. immigration and customs
enforcement.--The Director shall maintain a
written finding submitted to the Director
pursuant to subparagraph (A)(ii) and make such
finding available for public inspection only
after making appropriate redactions to protect
personally identifiable information.
(b) Prohibition on Presence of Nonmedical Staff.--
(1) In general.--Except as provided in paragraph (2),
nonmedical staff may not be present in a room in which a pelvic
or breast exam, labor, delivery (whether vaginal or by cesarean
delivery), or treatment of any other symptom relating to a
pregnancy of a detained noncitizen is occurring unless their
presence is specifically requested by medical personnel and
only for a duration that is actually required to fulfill such
request.
(2) Exception.--If the presence of nonmedical staff is
requested by medical personnel, the nonmedical staff shall--
(A) be of the detained noncitizen's gender of
choice, if practicable; and
(B) remain at a reasonable distance from the
detained noncitizen and face toward the detained
noncitizen's head to protect the privacy of the
detained noncitizen.
(3) Use of restraints.--If a restraint is used on a
detained noncitizen pursuant to subsection (a)(2)(A), an
employee of the Department of Homeland Security shall remain
immediately outside the room at all times so that the employee
may promptly remove the restraint if requested by medical
personnel pursuant to subsection (a)(2)(B)(i).
(c) Access to Services.--
(1) U.S. immigration and customs enforcement custody.--A
detained noncitizen in the custody of U.S. Immigration and
Customs Enforcement shall have access to health care services,
including comprehensive counseling and services relating to
reproductive health care and pregnancy, including--
(A) routine and specialized prenatal care,
including adequate nutrition and exercise, HIV testing
and treatment, and prenatal vitamins and vaccines;
(B) labor and delivery;
(C) treatment for complications from pregnancy;
(D) substance use disorder treatment;
(E) postpartum physical and mental health care,
including postpartum reversible contraceptive methods;
(F) no-cost supply of menstrual hygiene products;
(G) lactation services; and
(H) family planning, continuation of pre-detention
contraceptive methods, and abortion services.
(2) U.S. customs and border protection custody.--The
Commissioner shall ensure that minimum standards of care are
met for pregnant detained noncitizens who are in the custody of
U.S. Customs and Border Protection.
(d) Requirement for Informed Medical Consent.--Services described
in subsection (c)(1) may not be performed on a detained noncitizen
until the provider of such services obtains informed consent from the
noncitizen. Medical treatment may not be administered to a detained
noncitizen against such noncitizen's will.
(e) Medical Center Arrangements.--Each facility administrator shall
maintain--
(1) an arrangement with the nearest maternity hospital and
ensure facility staff know where to take pregnant detained
noncitizens in case of emergency; and
(2) a policy to ensure the provision of proper care if a
detained noncitizen cannot be moved with immediacy to a medical
center.
SEC. 5. NOTICE OF RIGHTS AND TRAINING.
(a) Notice of Detained Noncitizen Rights.--The Secretary shall
provide to each detained noncitizen, in a language or manner that such
noncitizen can understand, notice of the detained noncitizen's rights
under this Act.
(b) Training for Department of Homeland Security Employees.--At the
time of hiring, and annually thereafter, the Secretary shall provide
training regarding the requirements under this Act to each employee of
the Department of Homeland Security who is involved in the detention or
care of a pregnant detained noncitizen or a postpartum parent of a
newborn who is being detained pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.).
SEC. 6. REPORTS; RULEMAKING.
(a) Reports.--
(1) Reports by facility administrators.--Not later than 30
days after the end of each calendar quarter, the facility
administrator of each detention facility in which 1 or more
pregnant noncitizens were detained during such quarter shall
submit a written report to the Secretary that includes, with
respect to the facility during such quarter--
(A) an account of every instance of the use of a
restraint on a pregnant detained noncitizen during
pregnancy, labor, or postpartum recovery, including--
(i) the type of restraint;
(ii) the justification for the use of such
restraint; and
(iii) the name of the facility
administrator who made the individualized
determination pursuant to section 4(a)(2)(A);
(B) the number of pregnant noncitizens held at such
facility