Congresswoman Sylvia Garcia Leads 44 Colleagues in Reintroducing Bicameral Legislation to Prevent the Shackling and Mistreatment of Pregnant Women in ICE and CBP Custody

July 23, 2025

MEDIA CONTACT:
Joseph Guzman
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The bill would provide permanent safeguards for pregnant and postpartum women in ICE and CBP custody; Senator Murray led introduction of companion legislation in the Senate

WASHINGTON, D.C. – U.S. Congresswoman Sylvia Garcia (D-TX-29) led 44 members of the House of Representatives in reintroducing the bicameral Stop Shackling and Detaining Pregnant Women Act. The bill would protect the health and safety of pregnant, postpartum, and lactating women in immigration detention by establishing a presumption of release, prohibiting any agency under the U.S. Department of Homeland Security (DHS) 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. Senator Patty Murray (D-WA) led the reintroduction of the companion legislation in the Senate earlier this year.

“No mother should ever know the indignity or the pain of having her legs shackled during labor. The idea that our government would detain and shackle pregnant women should bring great shame on us all,” said Congresswoman Sylvia Garcia. “This administration has gone after mothers. It has hunted immigrants. And when those two cruelties collide, pregnant immigrant women are placed in grave danger. I’m reintroducing this bill with these women in mind. I’m grateful to Senator Murray for leading the fight in the Senate, and I won’t stop until these mothers and their babies are protected by federal law.”

“Shackling pregnant women in immigration custody is not only unnecessary, it is dangerous and traumatic for women and their pregnancies—and there is simply no justifiable reason for this barbaric practice,” said Senator Murray. “At a time that we have a president whose approach to immigration appears to be cruelty for cruelty’s sake, it is more important than ever that we act to ensure all pregnant women in custody are treated humanely and with respect. I will continue to fight against the gross mistreatment of pregnant women in immigration detention and am proud to join my friend Rep. Garcia in reintroducing this important legislation.”

The Stop Shackling and Detaining Pregnant Women Act would specifically:

Limit the detention of pregnant women and mothers of newborns by establishing a presumption of release, with exceptions only when the Secretary of Homeland Security makes an individualized determination that credible, reasonable grounds exist to believe that the person presents an immediate and serious threat of physical harm to others and that detention is the only means available to mitigate the threat.
Prohibit the use of physical restraints on pregnant women in the Department’s custody during pregnancy, labor, and postpartum recovery.
Set minimum standards for comprehensive reproductive health care services.
Require the Secretary of Homeland Security to provide a notice of rights to detained pregnant women in a language or manner they can understand.
Require training for DHS employees who have a role in the detention or care of a pregnant detained woman or postpartum parent of a newborn.
Require regular reporting on the detention of pregnant women.

The mistreatment of pregnant women in ICE detention has been well-documented—and without basic protections, pregnant women in ICE detention are at higher risk of miscarriage, stillbirth, and other pregnancy-related health complications. A Government Accountability Office study published in 2020 found that between 2016 and 2018, ICE detained pregnant women over 4,600 times. As Congress increased its oversight of the detention of pregnant, postpartum, and nursing women, that number has dropped to just 158 pregnant, postpartum, and nursing women detained in the first half of Fiscal Year 2024. Despite these improvements during FY24, this legislation remains necessary following the Trump administration’s decision this past May to revoke several Biden-era policies designed to protect vulnerable people in its CBP custody, including pregnant women. The rescinded policies included the provision of water and diapers to babies in CBP care and guidance to expedite the release to care of people in medically dangerous circumstances. The decision was outlined in an internal CBP memo.

The Stop Shackling and Detaining Pregnant Women Act is supported by: The American Civil Liberties Union, American College of Obstetricians and Gynecologists, Center for Reproductive Rights, Church World Service, Families USA, In Our Own Voice: National Black Women's Reproductive Justice Agenda, MomsRising, National Asian Pacific American Women’s Forum, National Council of Jewish Women, National Immigrant Justice Center, National Latina Institute for Reproductive Justice, National Women’s Law Center, Reproductive Freedom for All, and Planned Parenthood Federation of America.

“The American College of Obstetricians and Gynecologists (ACOG) supports the reintroduction of the Stop Shackling and Detaining Pregnant Women Act because immigration status should not be the determining factor in whether someone is provided with compassionate, respectful care,” said ACOG President Stella Dantas, MD, FACOG. “Through this legislation, pregnant noncitizens would only be detained when necessary and, in cases where they are detained, it will help to ensure that policies are put in place so that they receive safe, comprehensive, and appropriate care. Additionally, ACOG strongly opposes the use of restraints during pregnancy, labor and delivery, and the postpartum period and, rightfully, the use of restraints during detention would be prohibited. Shackling during pregnancy can put individuals and their fetus at risk by preventing them from being able to break their fall. Shackling can also interfere with a clinician’s ability to treat patients who suffer from hypertensive disorders, and it also increases their risk for blood clots due to limited mobility. Pregnant noncitizens deserve to be treated with dignity and respect, and to receive the same quality health care that is afforded to others. We thank Sen. Murray and Rep. Garcia for their leadership and for prioritizing the health and human rights of all pregnant people.”

Joining Congresswoman Garcia in cosponsoring the bill in the House of Representatives are Reps. Bennie G. Thompson (D-MS-02), Nydia M. Velázquez (D-NY-07), Mark Takano (D-CA-39), Maxine Waters (D-CA-43), Adriano Espaillat (D-NY-13), Yvette D. Clarke (D-NY-09), Teresa Leger Fernández (D-NM-03), Joaquin Castro (D-TX-20), Delia C. Ramirez (D-IL-03), Hank Johnson Jr. (D-GA-04), Eleanor Holmes Norton (D-DC), Dwight Evans (D-PA-03), Bonnie Watson Coleman (D-NJ-12), Diana DeGette (D-CO-01), Danny K. Davis (D-IL-07), Terri Sewell (D-AL-07), Lateefah Simon (D-CA-12), Rashida Tlaib (D-MI-12), André Carson (D-IN-07), Raja Krishnamoorthi (D-IL-08), J. Luis Correa (D-CA-46), Deborah K. Ross (D-NC-02), Juan Vargas (D-CA-52), Nikema Williams (D-GA-05), Cleo Fields (D-LA-06), Jasmine Crockett (D-TX-30), Frederica S. Wilson (D-FL-24), Wesley Bell (D-MO-01), Jan Schakowsky (D-IL-09), Al Green (D-TX-09), Robin L. Kelly (D-IL-02), Ilhan Omar (D-MN-05), Shri Thanedar (D-MI-13), Dan Goldman (D-NY-10), Jonathan Jackson (D-IL-01), Nanette Barragán (D-CA-44), Betty McCollum (D-MN-04), Ro Khanna (D-CA-17), Darren Soto (D-FL-09), Shomari Figures (D-AL-02), Summer Lee (D-PA-12), Julia Brownley (D-CA-26), Jesús “Chuy” García (D-IL-04), and Alexandria Ocasio-Cortez (D-NY-14).

Joining Senator Murray in supporting the bill in the Senate were Sens. Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Andy Kim (D-NJ), Amy Klobuchar (D-MN), Ed Markey (D-MA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Peter Welch (D-VT), and Ron Wyden (D-OR).

The full text of the legislation is HERE.