II 

117TH CONGRESS 

1ST SESSION S. 2128 

To ensure the humane treatment of pregnant women by reinstating the 

presumption of release and prohibiting shackling, restraining, and other 

inhumane treatment of pregnant detainees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2021 

Mrs. MURRAY (for herself, Mr. BLUMENTHAL, Mr. MARKEY, Mr. REED, Mr. 

COONS, Ms. WARREN, Ms. KLOBUCHAR, Mr. MENENDEZ, Ms. SMITH, 

Mr. BOOKER, Mrs. GILLIBRAND, Ms. DUCKWORTH, Ms. BALDWIN, Mr. 

LEAHY, Ms. HIRONO, Mrs. FEINSTEIN, Mr. WYDEN, Ms. CORTEZ

MASTO, and Mr. PADILLA) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To ensure the humane treatment of pregnant women by 

reinstating the presumption of release and prohibiting 

shackling, restraining, and other inhumane treatment of 

pregnant detainees, 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.) during preg9 nancy or postpartum recovery, pending a deci10 sion with respect to whether the individual is to 

11 be removed from the United States; and 

12 (B) shall immediately release any detainee 

13 found to be pregnant. 

14 (2) EXCEPTIONS.—The Secretary may detain 

15 pursuant to the Immigration and Nationality Act (8 

16 U.S.C. 1101 et seq.) an individual during pregnancy 

17 or postpartum recovery under extraordinary cir18 cumstances in which the Secretary makes an individ19 ualized determination that credible, reasonable 

20 grounds exist to believe that the individual presents 

21 an immediate and serious threat of hurting them22 selves or others. 

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

24 the least restrictive means of effectuating the re25 moval from the United States of a pregnant indi26 vidual subject to a final order of deportation or reVerDate Sep 11 2014 06:30 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2128.IS S2128

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1 moval, the Secretary may, solely for the purpose of 

2 such deportation or removal, detain the pregnant in3 dividual for a period that is— 

4 (A) the shortest possible period imme5 diately preceding the deportation or removal of 

6 the individual from the United States; and 

7 (B) not more than 5 days. 

8 (b) WEEKLY REVIEW REQUIRED.— 

9 (1) IN GENERAL.—With respect to a detainee 

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

11 less frequently than weekly, the Secretary shall con12 duct an individualized review to determine whether 

13 the detainee continues to be subject to detention 

14 under that paragraph. 

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

16 under paragraph (1) that a pregnant detainee is not 

17 subject to detention under subsection (a)(2), not 

18 later than 1 day after the date on which the Sec19 retary makes the determination, the Secretary shall 

20 release the detainee. 

21 SEC. 3. HUMANE TREATMENT OF PREGNANT WOMEN 

22 WHILE IN DETENTION. 

23 (a) PROHIBITION ON RESTRAINT OF PREGNANT DE24 TAINEES.— 


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1 (1) PROHIBITION.—Except as provided in para2 graph (2), a detention facility shall not use a re3 straint on a detainee— 

4 (A) known to be pregnant, including dur5 ing— 

6 (i) labor; 

7 (ii) transport to a medical facility or 

8 birthing center; and 

9 (iii) delivery; or 

10 (B) during postpartum recovery. 

11 (2) USE OF RESTRAINTS FOR MEDICAL PUR12 POSES AND IN EXTRAORDINARY CIRCUMSTANCES.— 

13 (A) IN GENERAL.—Notwithstanding para14 graph (1), subject to subparagraph (B), use of 

15 a restraint on a detainee described in para16 graph (1) may be permitted only— 

17 (i) for a medical purpose if the lead 

18 medical staff of the detention facility who 

19 is a licensed health care provider has or20 dered the use of the restraint for the med21 ical purpose; or 

22 (ii) in an extraordinary circumstance, 

23 except for a medical purpose, in which the 

24 facility administrator has ordered the use 


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1 of the restraint after making an individual2 ized determination that— 

3 (I) credible, reasonable grounds 

4 exist to believe the detainee presents 

5 an immediate and serious threat of 

6 hurting staff or others; or 

7 (II) reasonable grounds exist to 

8 believe the detainee presents an imme9 diate and credible risk of escape that 

10 cannot be reasonably minimized 

11 through any other method. 

12 (B) REQUIREMENT FOR LEAST RESTRIC13 TIVE RESTRAINTS.—In the rare event of an ex14 traordinary circumstance described in subpara15 graph (A)(ii), only the least restrictive restraint 

16 necessary shall be used, except that— 

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

18 professional treating a detainee described 

19 in paragraph (1) requests that a restraint 

20 not be used, the detention officer accom21 panying the detainee shall immediately re22 move any restraint; 

23 (ii) under no circumstance shall a leg, 

24 waist, or 4-point restraint be used; 


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1 (iii) under no circumstance shall a 

2 wrist restraint be used to bind the hands 

3 of such a detainee behind the back of the 

4 detainee or to another individual; and 

5 (iv) under no circumstance shall any 

6 restraint be used on any detainee who is in 

7 labor or delivering. 

8 (3) RECORD OF EXTRAORDINARY CIR9 CUMSTANCES.— 

10 (A) REQUIREMENTS.—If a restraint is 

11 used on a detainee pursuant to paragraph 

12 (2)(A), not later than 5 days after the date on 

13 which the restraint was used, the facility ad14 ministrator shall— 

15 (i) make a written finding that de16 scribes the medical purpose or extraor17 dinary circumstance that dictated the use 

18 of the restraint; and 

19 (ii) submit the finding to the Director. 

20 (B) RETENTION.— 

21 (i) DETENTION FACILITY.—With re22 spect to a written finding under subpara23 graph (A)(i), the facility administrator 

24 shall— 


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1 (I) keep the finding on file at the 

2 applicable detention facility for not 

3 less than 5 years after the date on 

4 which the restraint was used; and 

5 (II) make the finding available 

6 for public inspection. 

7 (ii) IMMIGRATION AND CUSTOMS EN8 FORCEMENT.—With respect to a written 

9 finding submitted to the Director under 

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

11 maintain the written finding and make the 

12 finding available for public inspection. 

13 (iii) PRIVACY.—With respect to a 

14 written finding made available for public 

15 inspection under clause (i) or (ii), the indi16 vidually identifying information of a de17 tainee shall not be made available for pub18 lic inspection without the prior written 

19 consent of the detainee. 

20 (b) PROHIBITION ON PRESENCE OF DETENTION OF21 FICERS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), no detention officer shall be present in 

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

25 treatment of any other symptom relating to a pregVerDate Sep 11 2014 06:30 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2128.IS S2128

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1 nancy of a detainee, unless specifically requested by 

2 medical personnel. 

3 (2) EXCEPTION.—If the presence of a detention 

4 officer is requested by medical personnel, the deten5 tion officer shall— 

6 (A) be female, if practicable; and 

7 (B) remain at a reasonable distance from 

8 the detainee and toward the detainee’s head to 

9 protect detainee’s privacy. 

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

11 on a detainee pursuant to subsection (a)(2)(A), a de12 tention officer shall remain immediately outside the 

13 room at all times so that the officer may promptly 

14 remove the restraint if requested by medical per15 sonnel, as required by subsection (a)(2)(B)(i). 

16 (c) ACCESS TO SERVICES.—A pregnant detainee shall 

17 have access to health care services, including comprehen18 sive services relating to reproductive health care and preg19 nancy, including— 

20 (1) routine or specialized prenatal care; 

21 (2) comprehensive counseling and assistance; 

22 (3) postpartum follow-up; 

23 (4) lactation services; and 

24 (5) abortion services. 


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1 SEC. 4. NOTICE OF RIGHTS AND TRAINING. 

2 (a) NOTICE OF DETAINEE RIGHTS.—The Secretary 

3 shall provide to each detainee, in the detainee’s native lan4 guage, notice of the detainee’s rights under this Act. 

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

6 of hiring, and annually thereafter, the Secretary shall pro7 vide training on the requirements of this Act to each em8 ployee of the Department of Homeland Security who has 

9 a role in the detention or care of a pregnant detainee or 

10 a postpartum parent of a newborn detained under the Im11 migration and Nationality Act (8 U.S.C. 1101 et seq.). 

12 SEC. 5. REPORTING; RULEMAKING. 

13 (a) REPORTS.— 

14 (1) REPORTS BY FACILITY ADMINISTRATORS.— 

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

16 fiscal year, the facility administrator of each deten17 tion facility that detained a pregnant detainee dur18 ing the quarter shall submit to the Secretary a writ19 ten report that includes, with respect to the deten20 tion facility during the quarter, the following: 

21 (A) An account of every instance of the 

22 use of a restraint on a pregnant detainee, in23 cluding the justification for such restraint and 

24 the name of the facility administrator who 

25 made the individualized determination under 

26 section 3(a)(2)(A)(ii). 


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1 (B) The number of pregnant detainees 

2 held at the detention facility. 

3 (C) The average length of detention of 

4 pregnant detainees. 

5 (D) The number of pregnant detainees de6 tained longer than 15 days. 

7 (E) The number of pregnant detainees de8 tained longer than 30 days. 

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

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

11 the Secretary shall— 

12 (A) complete an audit of the information 

13 submitted under subparagraphs (B) through 

14 (E) of paragraph (1); 

15 (B) submit to the appropriate committees 

16 of Congress a report that includes all informa17 tion submitted under paragraph (1), disaggre18 gated by detention facility; and 

19 (C) issue regulations in accordance with 

20 national standards regarding minimum stand21 ards facilities should provide. 

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

23 subsection shall not contain the individually identi24 fying information of any detainee. 

25 (4) PUBLIC INSPECTION.— 


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

2 subparagraph (B), a report submitted under 

3 this subsection shall be made available for pub4 lic inspection. 

5 (B) FACILITY ADMINISTRATOR.—A report 

6 submitted under this subsection that is made 

7 available for public inspection shall not contain 

8 the name of the facility administrator otherwise 

9 included under paragraph (1)(A). 

10 (b) RULEMAKING.—The Secretary and the Attorney 

11 General shall adopt regulations or policies to carry out this 

12 Act at each detention 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. 

24 (2) DETAINEE.—The term ‘‘detainee’’ includes 

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1 eral, State, or local law enforcement agency (includ2 ing under contract or agreement with such agency) 

3 under the Immigration and Nationality Act (8 

4 U.S.C. 1101 et seq.). 

5 (3) DETENTION FACILITY.—The term ‘‘deten6 tion facility’’ means a Federal, State, or local gov7 ernment facility, or a privately owned and operated 

8 facility, that is used, in whole or in part, to hold in9 dividuals under the authority of the Director of U.S. 

10 Immigration and Customs Enforcement or the Com11 missioner of U.S. Customs and Border Protection, 

12 including a facility that— 

13 (A) holds such individuals under a contract 

14 or agreement with the Director or Commis15 sioner; or 

16 (B) is used, in whole or in part, to hold in17 dividuals pursuant to an immigration detainer 

18 or similar request. 

19 (4) DETENTION OFFICER.—The term ‘‘deten20 tion officer’’ means an individual who works at a de21 tention facility, including an individual who works at 

22 a detention facility pursuant to contract or sub23 contract. 


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

2 the Director of U.S. Immigration and Customs En3 forcement. 

4 (6) FACILITY ADMINISTRATOR.—The term ‘‘fa5 cility administrator’’ means the official responsible 

6 for oversight of a detention facility or the designee 

7 of such official. 

8 (7) POSTPARTUM RECOVERY.—The term 

9 ‘‘postpartum recovery’’ means the 1-year period, or 

10 longer, as determined by the licensed health care 

11 provider of the individual concerned, following deliv12 ery, including the entire period during which the in13 dividual is in a medical facility, birthing center, or 

14 infirmary after birth. 

15 (8) RESTRAINT.—The term ‘‘restraint’’ means 

16 any physical restraint or mechanical device used to 

17 control the movement of the body or limbs of a de18 tainee body, including— 

19 (A) flex cuffs; 

20 (B) soft restraints; 

21 (C) hard metal handcuffs; 

22 (D) a black box; 

23 (E) Chubb cuffs; 

24 (F) leg irons; 

25 (G) belly chains; 


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1 (H) a security (tether) chain; and 

2 (I) a convex shield. 

3 (9) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

Æ 


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