II 

118TH CONGRESS 

1ST SESSION S. 3247 

To safeguard the humane treatment of pregnant women by ensuring the 

presumption of release and prohibiting shackling, restraining, and other 

inhumane treatment of pregnant detained noncitizens, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2023 

Mrs. MURRAY (for herself, Mr. BLUMENTHAL, Mr. BOOKER, Ms. BUTLER, 

Mr. CARDIN, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. 

DURBIN, Mr. FETTERMAN, Mrs. GILLIBRAND, Ms. HIRONO, Ms. KLOBUCHAR, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. PADILLA, 

Mr. REED, Mr. SANDERS, Mr. VAN HOLLEN, Ms. WARREN, Mr. WELCH, 

Mr. WHITEHOUSE, 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 women by 

ensuring the presumption of release and prohibiting 

shackling, restraining, and other inhumane treatment of 

pregnant detained noncitizens, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Shackling and 

5 Detaining Pregnant Women Act’’. 


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1 SEC. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN 

2 AND MOTHERS OF NEWBORNS. 

3 (a) PRESUMPTION OF RELEASE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary— 

6 (A) shall not detain an individual under 

7 any provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.) who is known 

9 to be pregnant, lactating, or postpartum, pend10 ing a decision with respect to whether the indi11 vidual is to be removed from the United States; 

12 and 

13 (B) shall immediately release any detained 

14 noncitizen found to be pregnant. 

15 (2) EXCEPTIONS.—The Secretary may detain 

16 pursuant to the Immigration and Nationality Act (8 

17 U.S.C. 1101 et seq.) an individual who is known to 

18 be pregnant, lactating, or postpartum— 

19 (A) under extraordinary circumstances in 

20 which the Secretary makes an individualized de21 termination that credible, reasonable grounds 

22 exist to believe that the individual presents an 

23 immediate and serious threat of hurting them24 selves or others; and 

25 (B) if such detention is the least restrictive 

26 means available to mitigate such threat. 


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1 (3) REMOVAL.—In a case in which detention is 

2 the least restrictive means of effectuating the re3 moval from the United States of a pregnant indi4 vidual subject to a final order of deportation or re5 moval, the Secretary may, solely for the purpose of 

6 such deportation or removal, detain the pregnant in7 dividual for a period that is— 

8 (A) the shortest possible period imme9 diately preceding the deportation or removal of 

10 the individual from the United States; and 

11 (B) not more than 5 days. 

12 (b) BIWEEKLY REVIEW REQUIRED.— 

13 (1) IN GENERAL.—With respect to a noncitizen 

14 detained under paragraph (2) of subsection (a), not 

15 less frequently than every 14 days, the Secretary 

16 shall conduct an individualized review to determine 

17 whether the detained noncitizen continues to be sub18 ject to detention under that paragraph. 

19 (2) RELEASE.—In the case of a determination 

20 under paragraph (1) that a pregnant noncitizen is 

21 no longer subject to detention under subsection 

22 (a)(2), not later than 24 hours after the Secretary 

23 makes the determination, the Secretary shall release 

24 the noncitizen. 


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1 SEC. 3. HUMANE TREATMENT OF PREGNANT DETAINED 

2 NONCITIZENS WHILE IN DETENTION AND 

3 CUSTODY. 

4 (a) PROHIBITION ON RESTRAINT OF PREGNANT DE5 TAINED NONCITIZENS.— 

6 (1) PROHIBITION.—Except as provided in para7 graph (2), restraints shall not be used on a noncit8 izen in the physical custody of the Department of 

9 Homeland Security who is known to be— 

10 (A) pregnant, including during— 

11 (i) labor; 

12 (ii) transport to a medical facility or 

13 birthing center; or 

14 (iii) delivery; 

15 (B) lactating; or 

16 (C) postpartum. 

17 (2) EXCEPTIONS.— 

18 (A) IN GENERAL.—Notwithstanding para19 graph (1), subject to subparagraph (B), use of 

20 a restraint on a detained noncitizen described 

21 in paragraph (1) may be permitted only in an 

22 extraordinary circumstance, except in the case 

23 of a medical contraindication, in which the fa24 cility administrator has ordered the use of the 

25 restraint after making an individualized deter26 mination that— 


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1 (i) credible, reasonable grounds exist 

2 to believe the detained noncitizen presents 

3 an immediate and serious threat of hurting 

4 themselves, staff, or others; or 

5 (ii) reasonable grounds exist to believe 

6 the detained noncitizen presents an imme7 diate and credible risk of escape that can8 not be reasonably minimized through any 

9 other method. 

10 (B) REQUIREMENT FOR LEAST RESTRIC11 TIVE RESTRAINTS.—In the rare event of an ex12 traordinary circumstance described in subpara13 graph (A), only the least restrictive restraint 

14 necessary shall be used, except that— 

15 (i) if a doctor, nurse, or other health 

16 professional treating a detained noncitizen 

17 requests that a restraint not be used, the 

18 detention officer accompanying the de19 tained noncitizen shall immediately remove 

20 any restraint; and 

21 (ii) under no circumstance shall— 

22 (I) a leg, waist, or 4-point re23 straint be used; 

24 (II) a wrist restraint be used to 

25 bind the hands of such a detained 


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1 noncitizen behind the back of the de2 tained noncitizen or to another indi3 vidual; 

4 (III) a detained noncitizen be re5 strained in a face-down position or on 

6 their back; or 

7 (IV) any restraint be used on any 

8 detained noncitizen who is in labor or 

9 delivering. 

10 (3) RECORD OF EXTRAORDINARY CIR11 CUMSTANCES.— 

12 (A) REQUIREMENTS.—If a restraint is 

13 used on a detained noncitizen pursuant to para14 graph (2)(A), not later than 5 days after the 

15 date on which the restraint was used, the facil16 ity administrator shall— 

17 (i) record in writing the finding that 

18 describes the medical purpose or extraor19 dinary circumstance that dictated the use 

20 of the restraint; and 

21 (ii) submit the finding to the Director. 

22 (B) RETENTION.— 

23 (i) FACILITY.—With respect to a writ24 ten finding under subparagraph (A)(i), the 

25 facility administrator shall— 


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1 (I) keep the finding on file at the 

2 applicable facility for not less than 5 

3 years after the date on which the re4 straint was used; and 

5 (II) make a copy of the finding 

6 available for public inspection on re7 quest, only after making appropriate 

8 redactions so as to protect personally 

9 identifiable information. 

10 (ii) IMMIGRATION AND CUSTOMS EN11 FORCEMENT.—With respect to a written 

12 finding submitted to the Director under 

13 subparagraph (A)(ii), the Director shall 

14 maintain the written finding and make the 

15 finding available for public inspection only 

16 after making appropriate redactions so as 

17 to protect personally identifiable informa18 tion. 

19 (b) PROHIBITION ON PRESENCE OF NONMEDICAL

20 STAFF.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), nonmedical staff shall not be present in 

23 the room during a pelvic exam, labor, delivery, or 

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1 nancy of a detained noncitizen, unless specifically re2 quested by medical personnel. 

3 (2) EXCEPTION.—If the presence of nonmedical 

4 staff is requested by medical personnel, the nonmed5 ical staff shall— 

6 (A) be of the detained noncitizen’s gender 

7 of choice, if practicable; and 

8 (B) remain at a reasonable distance from 

9 the detained noncitizen and face toward the de10 tained noncitizen’s head to protect the privacy 

11 of the detained noncitizen. 

12 (3) USE OF RESTRAINTS.—If a restraint is used 

13 on a detained noncitizen pursuant to subsection 

14 (a)(2)(A), an employee of the Department of Home15 land Security shall remain immediately outside the 

16 room at all times so that the employee may promptly 

17 remove the restraint if requested by medical per18 sonnel, as required by subsection (a)(2)(B)(i). 

19 (c) ACCESS TO SERVICES.— 

20 (1) U.S. IMMIGRATION AND CUSTOMS ENFORCE21 MENT CUSTODY.—A pregnant detained noncitizen in 

22 the custody of U.S. Immigration and Customs En23 forcement shall have access to health care services, 

24 including comprehensive services relating to repro25 ductive health care and pregnancy, including— 


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1 (A) routine or specialized prenatal care; 

2 (B) comprehensive counseling and assist3 ance; 

4 (C) postpartum physical and mental health 

5 care, including substance use disorder treat6 ment; 

7 (D) lactation services; and 

8 (E) abortion services. 

9 (2) U.S. CUSTOMS AND BORDER PROTECTION

10 CUSTODY.—The Commissioner shall ensure that 

11 minimum standards of care are met for pregnant de12 tained noncitizens in the custody of U.S. Customs 

13 and Border Protection. 

14 SEC. 4. NOTICE OF RIGHTS AND TRAINING. 

15 (a) NOTICE OF DETAINED NONCITIZEN RIGHTS.— 

16 The Secretary shall provide to each detained noncitizen, 

17 in the detained noncitizen’s native language, notice of the 

18 detained noncitizen’s rights under this Act. 

19 (b) TRAINING FOR DHS EMPLOYEES.—At the time 

20 of hiring, and annually thereafter, the Secretary shall pro21 vide training on the requirements of this Act to each em22 ployee of the Department of Homeland Security who has 

23 a role in the detention or care of a pregnant detained non24 citizen or a postpartum parent of a newborn detained 


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1 under the Immigration and Nationality Act (8 U.S.C. 

2 1101 et seq.). 

3 SEC. 5. REPORTING; RULEMAKING. 

4 (a) REPORTS.— 

5 (1) REPORTS BY FACILITY ADMINISTRATORS.— 

6 Not later than 30 days after the end of each quarter 

7 fiscal year, the facility administrator of each facility 

8 that detained a pregnant noncitizen during the quar9 ter shall submit to the Secretary a written report 

10 that includes, with respect to the facility during the 

11 quarter, the following: 

12 (A) An account of every instance of the 

13 use of a restraint on a pregnant detained non14 citizen during pregnancy, labor, or postpartum 

15 recovery, including the type of restraint, the 

16 justification for the use of such restraint, and 

17 the name of the facility administrator who 

18 made the individualized determination under 

19 section 3(a)(2)(A). 

20 (B) The number of pregnant noncitizens 

21 held at the facility. 

22 (C) The average length of detention of 

23 pregnant noncitizens. 

24 (D) The number of pregnant noncitizens 

25 detained longer than 15 days. 


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1 (E) The number of pregnant noncitizens 

2 detained longer than 30 days. 

3 (F) The number of pregnant noncitizens 

4 who gave birth while detained, and a descrip5 tion of the outcomes of such pregnancies, in6 cluding any pregnancy that resulted in a live 

7 birth, stillbirth, miscarriage, abortion, ectopic 

8 pregnancy, maternal death, neonatal death, or 

9 preterm birth. 

10 (2) AUDIT AND REPORTS BY SECRETARY.—Not 

11 later than 90 days after the end of each fiscal year, 

12 the Secretary shall— 

13 (A) complete an audit of the information 

14 submitted under subparagraphs (B) through 

15 (E) of paragraph (1); 

16 (B) submit to the appropriate committees 

17 of Congress a report that includes all informa18 tion submitted under paragraph (1), 

19 disaggregated by facility; and 

20 (C) issue regulations in accordance with 

21 national standards regarding minimum stand22 ards facilities should provide. 

23 (3) PRIVACY.—A report submitted under this 

24 subsection shall not contain the individually identi25 fying information of any detained noncitizen. 


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1 (4) PUBLIC INSPECTION.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), a report submitted under 

4 this subsection shall be made available for pub5 lic inspection. 

6 (B) FACILITY ADMINISTRATOR.—A report 

7 submitted under this subsection that is made 

8 available for public inspection shall not contain 

9 the name of the facility administrator otherwise 

10 included under paragraph (1)(A). 

11 (b) RULEMAKING.—The Secretary shall adopt regula12 tions or policies to carry out this Act at each facility. 

13 SEC. 6. DEFINITIONS. 

14 In this Act: 

15 (1) APPROPRIATE COMMITTEES OF CON16 GRESS.—The term ‘‘appropriate committees of Con17 gress’’ means— 

18 (A) the Committee on the Judiciary and 

19 the Committee on Appropriations of the Senate; 

20 and 

21 (B) the Committee on the Judiciary and 

22 the Committee on Appropriations of the House 

23 of Representatives. 


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1 (2) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of U.S. Customs 

3 and Border Protection. 

4 (3) DETAINED NONCITIZEN.—The term ‘‘de5 tained noncitizen’’ includes any adult or juvenile in6 dividual detained by any Federal, State, or local law 

7 enforcement agency (including under contract or 

8 agreement with such agency) under the Immigration 

9 and Nationality Act (8 U.S.C. 1101 et seq.). 

10 (4) DETENTION OFFICER.—The term ‘‘deten11 tion officer’’ means an individual who— 

12 (A) works at a facility, including an indi13 vidual who works at a facility pursuant to a 

14 contract or subcontract; and 

15 (B) performs duties relating to the secu16 rity, custody, or transport of individuals in cus17 tody. 

18 (5) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of U.S. Immigration and Customs En20 forcement. 

21 (6) FACILITY.—The term ‘‘facility’’ means a 

22 Federal, State, or local government facility, or a pri23 vately owned and operated facility, that is used, in 

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1 thority of the Secretary of Homeland Security, in2 cluding a facility that— 

3 (A) holds such individuals under a contract 

4 or agreement with the Director or the Commis5 sioner; or 

6 (B) is used, in whole or in part, to hold in7 dividuals pursuant to an immigration detainer 

8 or similar request. 

9 (7) FACILITY ADMINISTRATOR.—The term ‘‘fa10 cility administrator’’ means the official responsible 

11 for oversight of a facility, or the designee of such of12 ficial. 

13 (8) POSTPARTUM.—The term ‘‘postpartum’’ 

14 means the 1-year period, or longer, as determined by 

15 the licensed health care provider of the individual 

16 concerned, following delivery, including the entire pe17 riod during which the individual is in a medical facil18 ity, birthing center, or infirmary after birth. 

19 (9) RESTRAINT.—The term ‘‘restraint’’— 

20 (A) means any physical restraint or me21 chanical device used to control the movement of 

22 the body or limbs of a detained noncitizen’s 

23 body, including— 

24 (i) flex cuffs; 

25 (ii) soft restraints; 


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1 (iii) hard metal handcuffs; 

2 (iv) a black box; 

3 (v) Chubb cuffs; 

4 (vi) leg irons; 

5 (vii) belly chains; 

6 (viii) a security (tether) chain; 

7 (ix) a convex shield; and 

8 (x) any other type of shackles; and 

9 (B) does not include medical restraints. 

10 (10) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Homeland Security. 

Æ 


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