I 
116TH CONGRESS 
1ST SESSION H. R. 3563 
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 HOUSE OF REPRESENTATIVES 
JUNE 27, 2019 
Ms. GARCIA of Texas (for herself, Mrs. CAROLYN B. MALONEY of New York, 
Ms. NORTON, Mr. ESPAILLAT, Mrs. KIRKPATRICK, Mr. CARSON of Indi-
ana, Mr. GRIJALVA, Ms. ESCOBAR, Mr. CA´RDENAS, Mr. VARGAS, Ms. 
SHALALA, Ms. SCHAKOWSKY, Ms. WASSERMAN SCHULTZ, Mr. BLU-
MENAUER, Ms. KAPTUR, Mrs. NAPOLITANO, Mr. JOHNSON of Georgia, 
Ms. MOORE, Mr. RUSH, Ms. ADAMS, Ms. TLAIB, Ms. MENG, Mr. GARCI´A 
of Illinois, Mr. GONZALEZ of Texas, Mr. NADLER, Mr. MCGOVERN, Ms. 
DEGETTE, Ms. DELAURO, Mr. HASTINGS, Ms. HAALAND, Ms. 
VELA´ZQUEZ, Mr. CISNEROS, Mr. POCAN, and Ms. OCASIO-CORTEZ) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Shackling and 
Detaining Pregnant Women Act’’. 
SEC. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN 
AND MOTHERS OF NEWBORNS. 
(a) PRESUMPTION OF RELEASE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary— 
(A) shall not detain a person under any 
provision of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) during pregnancy 
or postpartum recovery, pending a decision with 
respect to whether the person is to be removed 
from the United States; and 
(B) shall immediately release any detainee 
found to be pregnant. 
(2) EXCEPTIONS.—The Secretary may detain 
pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) a person during pregnancy or 
postpartum recovery under extraordinary circum-
stances in which the Secretary makes an individual-
ized determination that credible, reasonable grounds 
exist to believe that the person presents an imme-
diate and serious threat of hurting herself or others. 
(3) REMOVAL.—In a case in which detention is 
the least restrictive means of effectuating the re-
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
moval from the United States of a pregnant person 
who is the subject of a final order of deportation or 
removal, the Secretary may, solely for the purpose of 
such removal, detain the pregnant person for a pe-
riod that is— 
(A) the shortest possible period imme-
diately preceding the removal of the person 
from the United States; and 
(B) not more than 5 days. 
(b) WEEKLY REVIEW REQUIRED.— 
(1) IN GENERAL.—With respect to a detainee 
detained under paragraph (2) of subsection (a), not 
less frequently than once each week, the Secretary 
shall conduct an individualized review to determine 
whether the detainee continues to be subject to de-
tention under that paragraph. 
(2) RELEASE.—In the case of a determination 
under paragraph (1) that a pregnant detainee is not 
subject to detention under subsection (a)(2), not 
later than 1 day after the date on which the Sec-
retary makes the determination, the Secretary shall 
release the detainee. 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
SEC. 3. HUMANE TREATMENT OF PREGNANT WOMEN 
WHILE IN DETENTION. 
(a) PROHIBITION ON RESTRAINT OF PREGNANT DE-
TAINEES.— 
(1) PROHIBITION.—Except as provided in para-
graph (2), a detention facility shall not use a re-
straint on a detainee— 
(A) known to be pregnant, including dur-
ing— 
(i) labor; 
(ii) transport to a medical facility or 
birthing center; and 
(iii) delivery; or 
(B) during postpartum recovery. 
(2) USE OF RESTRAINTS FOR MEDICAL PUR-
POSES AND IN EXTRAORDINARY CIRCUMSTANCES.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), subject to subparagraph (B), use of 
a restraint on a detainee described in para-
graph (1) may be permitted only— 
(i) for a medical purpose if the lead 
medical staff of the detention facility who 
is a licensed health care provider has or-
dered the use of the restraint for the med-
ical purpose; or 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(ii) in an extraordinary circumstance, 
except for a medical purpose, in which the 
facility administrator has ordered the use 
of the restraint after making an individual-
ized determination that— 
(I) credible, reasonable grounds 
exist to believe the detainee presents 
an immediate and serious threat of 
hurting staff or others; or 
(II) reasonable grounds exist to 
believe the detainee presents an imme-
diate and credible risk of escape that 
cannot 
be 
reasonably 
minimized 
through any other method. 
(B) REQUIREMENT FOR LEAST RESTRIC-
TIVE RESTRAINTS.—In the rare event of an ex-
traordinary circumstance described in subpara-
graph (A)(ii), only the least restrictive restraint 
necessary shall be used, except that— 
(i) if a doctor, nurse, or other health 
professional treating a detainee described 
in paragraph (1) requests that a restraint 
not be used, the detention officer accom-
panying the detainee shall immediately re-
move any restraint; 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(ii) under no circumstance shall a leg, 
waist, or four-point restraint be used; 
(iii) under no circumstance shall a 
wrist restraint be used to bind the hands 
of a detainee described in paragraph (1) 
behind her back or to another person; and 
(iv) under no circumstance shall any 
restraint be used on any detainee who is in 
labor or delivery. 
(3) 
RECORD
OF
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(A) REQUIREMENTS.—If a restraint is 
used on a detainee pursuant to paragraph 
(2)(A), not later than 5 days after the date on 
which the restraint was used, the facility ad-
ministrator shall— 
(i) make a written finding that de-
scribes the extraordinary circumstance that 
dictated the use of the restraint; and 
(ii) submit the finding to the Director. 
(B) RETENTION.— 
(i) DETENTION
FACILITY.—With re-
spect to a written finding under subpara-
graph (A)(i), the facility administrator 
shall— 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(I) keep the finding on file at the 
applicable detention facility for not 
less than 5 years after the date on 
which the restraint was used; and 
(II) shall make the finding avail-
able for public inspection. 
(ii) IMMIGRATION AND CUSTOMS EN-
FORCEMENT.—With respect to a written 
finding submitted to the Director under 
subparagraph (A)(ii), the Director shall 
maintain the written finding and make the 
finding available for public inspection. 
(iii) PRIVACY.—With respect to a 
written finding made available for public 
inspection under clause (i) or (ii), the indi-
vidually identifying information of a de-
tainee shall not be made available for pub-
lic inspection without the prior written 
consent of the detainee. 
(b) PROHIBITION ON PRESENCE OF DETENTION OF-
FICERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no detention officer shall be present in 
the room during a pelvic exam, labor, delivery, or 
treatment of any other symptom relating to a preg-
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
nancy of a detainee, unless specifically requested by 
medical personnel. 
(2) EXCEPTION.—If the presence of a detention 
officer is requested by medical personnel, the deten-
tion officer shall— 
(A) be female, if practicable; and 
(B) remain at a reasonable distance from 
the detainee and toward her head to protect her 
privacy. 
(3) USE OF RESTRAINTS.—If a restraint is used 
on a detainee pursuant to subsection (a)(2)(A), a de-
tention officer shall remain immediately outside the 
room at all times so that the officer may promptly 
remove the restraint if requested by medical per-
sonnel, as required by subsection (a)(2)(B)(i). 
(c) ACCESS TO SERVICES.—A pregnant detainee shall 
have access to health care services, including comprehen-
sive services relating to reproductive health care and preg-
nancy, including— 
(1) routine or specialized prenatal care; 
(2) comprehensive counseling and assistance; 
(3) postpartum follow-up; 
(4) lactation services; and 
(5) abortion services. 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
SEC. 4. REPORTING; RULEMAKING. 
(a) REPORTS.— 
(1) REPORTS BY FACILITY ADMINISTRATORS.— 
Not later than 30 days after the end of each quarter 
of a fiscal year, the facility administrator of each de-
tention facility that detained a pregnant detainee 
during the quarter shall submit to the Secretary a 
written report that includes, with respect to the 
quarter, the following: 
(A) An account of every instance of the 
use of a restraint on a pregnant detainee, in-
cluding the justification for such restraint and 
the name of the facility administrator who 
made the individualized determination under 
section 3(a)(2)(A)(ii). 
(B) The number of pregnant detainees 
held at the facility. 
(C) The average length of detention of 
pregnant detainees. 
(D) The number of pregnant detainees de-
tained longer than 15 days. 
(E) The number of pregnant detainees de-
tained longer than 30 days. 
(2) AUDIT AND REPORTS BY SECRETARY.—Not 
later than 90 days after the end of each fiscal year, 
the Secretary shall— 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(A) complete an audit of the information 
submitted under subparagraphs (B) through 
(E) of paragraph (1); and 
(B) submit to the appropriate committees 
of Congress a report that includes all of the in-
formation submitted to the Secretary under 
paragraph (1), disaggregated by facility. 
(3) PRIVACY.—A report submitted under this 
subsection shall not contain the individually identi-
fying information of any detainee. 
(4) PUBLIC INSPECTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a report submitted under 
this subsection shall be made available for pub-
lic inspection. 
(B) FACILITY ADMINISTRATOR.—A report 
submitted under this subsection that is made 
available for public inspection shall not contain 
the name of the facility administrator otherwise 
included under paragraph (1)(A). 
(b) RULEMAKING.—The Secretary and the Attorney 
General shall adopt regulations or policies to carry out this 
Act at every detention facility. 
SEC. 5. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Appropriations of the Senate; 
and 
(B) the Committee on the Judiciary and 
the Committee on Appropriations of the House 
of Representatives. 
(2) DETAINEE.—The term ‘‘detainee’’ includes 
any adult or juvenile person detained by any Fed-
eral, State, or local law enforcement agency (includ-
ing under contract or agreement with such agency) 
under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(3) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement or the Com-
missioner of U.S. Customs and Border Protection, 
including a facility that— 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(A) holds such individuals under a contract 
or agreement with the Director or Commis-
sioner; or 
(B) is used, in whole or in part, to hold in-
dividuals pursuant to an immigration detainer 
or similar request. 
(4) DETENTION OFFICER.—The term ‘‘deten-
tion officer’’ means an individual who works at a de-
tention facility, including an individual who works at 
a detention facility pursuant to contract or sub-
contract. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of U.S. Immigration and Customs En-
forcement. 
(6) FACILITY ADMINISTRATOR.—The term ‘‘fa-
cility administrator’’ means the official who is re-
sponsible for oversight of a detention facility or the 
designee of such official. 
(7) 
POSTPARTUM
RECOVERY.—The 
term 
‘‘postpartum recovery’’ means the 6-week period, or 
longer, as determined by the licensed health care 
provider of a person, following delivery, including the 
entire period during which the person is in a medical 
facility, birthing center, or infirmary after birth. 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS
(8) RESTRAINT.—The term ‘‘restraint’’ means 
any physical restraint or mechanical device used to 
control the movement of the body or limbs of a de-
tainee’s body, including— 
(A) flex cuffs; 
(B) soft restraints; 
(C) hard metal handcuffs; 
(D) a black box; 
(E) Chubb cuffs; 
(F) leg irons; 
(G) belly chains; 
(H) a security (tether) chain; and 
(I) a convex shield. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
VerDate Sep 11 2014 
05:35 Jul 10, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H3563.IH
H3563
rfrederick on DSKBCBPHB2PROD with BILLS