119-hr4664

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4664 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4664

 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 HOUSE OF REPRESENTATIVES

 July 23, 2025

 Ms. Garcia of Texas (for herself, Mr. Thompson of Mississippi, Ms. 
 Velazquez, Mr. Takano, Ms. Waters, Mr. Espaillat, Ms. Clarke of New 
 York, Ms. Leger Fernandez, Mr. Castro of Texas, Mrs. Ramirez, Mr. 
Johnson of Georgia, Ms. Norton, Mr. Evans of Pennsylvania, Mrs. Watson 
Coleman, Ms. DeGette, Mr. Davis of Illinois, Ms. Sewell, Ms. Simon, Ms. 
 Tlaib, Mr. Carson, Mr. Krishnamoorthi, Mr. Correa, Ms. Ross, Mr. 
 Vargas, Ms. Williams of Georgia, Mr. Fields, Ms. Crockett, Ms. Wilson 
of Florida, Mr. Bell, Ms. Schakowsky, Mr. Green of Texas, Ms. Kelly of 
Illinois, Ms. Omar, Mr. Thanedar, Mr. Goldman of New York, Mr. Jackson 
 of Illinois, Ms. Barragan, Ms. McCollum, Mr. Khanna, Mr. Soto, Mr. 
Figures, Ms. Lee of Pennsylvania, Ms. Brownley, Mr. Garcia of Illinois, 
 and Ms. Ocasio-Cortez) introduced the following bill; which was 
 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;
            (C) the number of released pregnant noncitizens who 
 were held at such facility;
            (D) the average length of detention of pregnant 
 noncitizens;
        (E) the number of pregnant noncitizens who were 
 detained for between 15 and 30 days;
        (F) the number of pregnant noncitizens who were 
 detained longer than 30 days; and
        (G) the number of pregnant noncitizens who gave 
 birth while detained and a description of the outcomes 
 of any pregnancies that ended in custody, including any 
 pregnancy that resulted in a live birth, a stillbirth, 
 a miscarriage, an abortion, an ectopic pregnancy, 
 maternal morbidity, maternal death, neonatal death, or 
 preterm birth.

    (2) Audit and reports by secretary.--Not later than 90 days 
 after the last day of each fiscal year, the Secretary shall--
        (A) complete an audit of the information described 
 in subparagraphs
        (B) through
        (E) of paragraph

    (1) contained in reports covering such fiscal year;
        (B) submit a report to the appropriate committees 
 of Congress that includes a summary of the information 
 submitted pursuant to paragraph

    (1) , disaggregated by 
 facility; and
            (C) issue regulations in accordance with relevant 
 national standards that set minimum standards for 
 facilities providing medical care to pregnant 
 noncitizens.

    (3) Privacy.--None of the reports submitted pursuant to 
 paragraph

    (1) or

    (2) may contain the individually identifying 
 information of any detained noncitizen or the noncitizen's 
 health care provider.

    (4) Public inspection.--
        (A) In general.--Except as provided in subparagraph
        (B) , each report submitted under this subsection shall 
 be made available on a publicly accessible website of 
 the relevant agency.
        (B) Facility administrator.--None of the reports 
 submitted under paragraph

    (1) or

    (2) that is posted on 
 a publicly accessible website may contain the name of 
 the facility administrator referred to in paragraph

    (1)
        (A)
            (iii) .

    (b) Rulemaking.--The Secretary shall adopt regulations or policies 
to implement the requirements under this Act at each detention facility 
managed or overseen by the Department of Homeland Security.
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