Congresswoman Sylvia Garcia and Senator Patty Murray Reintroduce Legislation to Prevent the Shackling and Mistreatment of Pregnant Women in ICE and CBP Custody

Washington, D.C. – Today, Congresswoman Sylvia R. Garcia (D-TX-29) and U.S. Senator Patty Murray (D-WA) led 14 House and 23 Senate members in reintroducing their Stop Shackling and Detaining Pregnant Women Act. The legislation will protect the health and safety of pregnant, postpartum, and lactating people in immigration detention by establishing a presumption of release, prohibiting any agency under the U.S. Department of Homeland Security from shackling pregnant women in its custody—including those in the custody of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP)—and setting new standards of care and transparency for the treatment of pregnant women and youth.

“No mother should ever know the indignity or the pain of having her legs shackled during labor. That our government would continue to detain and shackle pregnant mothers should bring great shame on us all,” said Congresswoman Sylvia R. Garcia. “I’m proud to re-introduce this bill with these women in mind, and I sincerely thank Senator Murray for being its Senate champion. I will not stop until these mothers and their babies are protected by federal law.”

“Shackling pregnant women in ICE and CBP custody is pointless and deeply inhumane—and we know it can cause miscarriage, dangerous pregnancy complications, and inflict other physical and mental trauma on vulnerable women,” said Senator Murray. “There is simply no justifiable reason for this cruel policy. While the Biden administration has taken important steps to protect pregnant women in ICE custody, these protections are still limited and could be reversed immediately by the next administration—which is why now is the time to make them permanent. I am proud to join my friend Rep. Garcia in reintroducing this important legislation and continuing to raise our voices and keep the pressure up to prevent the cruel mistreatment of pregnant women in immigration detention.”

In 2021, President Biden announced that Immigration and Customs Enforcement (ICE) officers generally would not detain or arrest people who are pregnant, nursing, or postpartum (had a baby within the previous year) unless their release is prohibited by law or “exceptional circumstances.” The policy also prohibited the use of restraints on women who are in active labor or delivery. This policy reversed the Trump administration’s decision—widely panned by human rights organizations—to end the policy of presumed release of pregnant women and youth in immigration detention. But the current Biden administration protections for undocumented pregnant and postpartum women could disappear under a future administration. Additionally, the Biden administration policy only applies to ICE and does not apply to Customs and Border Protection (CBP), meaning that CBP can—and does—still use physical restraints on pregnant women who are taken into custody at ports of entry, such as the U.S. southern border until they are out of custody once again. There is a well-documented pattern of mistreatment of pregnant women in CBP custody; Murray and Garcia’s legislation would provide vital, codified safeguards that do not currently exist for pregnant women in CBP custody were it to pass into law.

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Congresswoman Sylvia R. Garcia was elected to the U.S. House of Representatives in November 2018, becoming the first Latina ever to represent the Texas 29th Congressional District. She is the Vice Ranking Member of the House Financial Services Committee, the Vice Chair on Housing and Transportation of the House Democratic Caucus Poverty Task Force, and a member of the Select Subcommittee on the Weaponization of the Federal Government.