I 
117TH CONGRESS 
1ST SESSION H. R. 3993 
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 17, 2021 
Ms. GARCIA of Texas (for herself, Mrs. CAROLYN B. MALONEY of New York, 
Ms. NORTON, Mr. ESPAILLAT, Ms. SCHAKOWSKY, Mr. JOHNSON of Geor-
gia, Mr. RUSH, Ms. TLAIB, Ms. MENG, Mr. GARCI´A of Illinois, Mr. 
MCGOVERN, Ms. DEGETTE, Mr. POCAN, Ms. OCASIO-CORTEZ, Ms. 
OMAR, Mr. PETERS, Mr. GALLEGO, Mrs. DEMINGS, Mr. RASKIN, Ms. 
PRESSLEY, Mr. NEGUSE, Mr. KHANNA, Ms. JACOBS of California, Ms. 
SCANLON, Mr. SIRES, Ms. LEE of California, and Mr. CA´RDENAS) 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Shackling and 
Detaining Pregnant Women Act’’. 
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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 an individual under 
any provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) during preg-
nancy or postpartum recovery, pending a deci-
sion with respect to whether the individual 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.) an individual during pregnancy 
or postpartum recovery under extraordinary cir-
cumstances in which the Secretary makes an individ-
ualized determination that credible, reasonable 
grounds exist to believe that the individual presents 
an immediate and serious threat of hurting them-
selves or others. 
(3) REMOVAL.—In a case in which detention is 
the least restrictive means of effectuating the re-
moval from the United States of a pregnant indi-
vidual subject to a final order of deportation or re-
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moval, the Secretary may, solely for the purpose of 
such deportation or removal, detain the pregnant in-
dividual for a period that is— 
(A) the shortest possible period imme-
diately preceding the deportation or removal of 
the individual 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 weekly, the Secretary shall con-
duct an individualized review to determine whether 
the detainee continues to be subject to detention 
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. 
SEC. 3. HUMANE TREATMENT OF PREGNANT WOMEN 
WHILE IN DETENTION. 
(a) PROHIBITION ON RESTRAINT OF PREGNANT DE-
TAINEES.— 
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(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 
(ii) in an extraordinary circumstance, 
except for a medical purpose, in which the 
facility administrator has ordered the use 
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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; 
(ii) under no circumstance shall a leg, 
waist, or 4-point restraint be used; 
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(iii) under no circumstance shall a 
wrist restraint be used to bind the hands 
of such a detainee behind the back of the 
detainee or to another individual; and 
(iv) under no circumstance shall any 
restraint be used on any detainee who is in 
labor or delivering. 
(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 medical purpose or extraor-
dinary 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— 
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(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) make the finding available 
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-
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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 the detainee’s head to 
protect detainee’s 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. 
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SEC. 4. NOTICE OF RIGHTS AND TRAINING. 
(a) NOTICE OF DETAINEE RIGHTS.—The Secretary 
shall provide to each detainee, in the detainee’s native lan-
guage, notice of the detainee’s rights under this Act. 
(b) TRAINING FOR DHS EMPLOYEES.—At the time 
of hiring, and annually thereafter, the Secretary shall pro-
vide training on the requirements of this Act to each em-
ployee of the Department of Homeland Security who has 
a role in the detention or care of a pregnant detainee or 
a postpartum parent of a newborn detained under the Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.). 
SEC. 5. REPORTING; RULEMAKING. 
(a) REPORTS.— 
(1) REPORTS BY FACILITY ADMINISTRATORS.— 
Not later than 30 days after the end of each quarter 
fiscal year, the facility administrator of each deten-
tion facility that detained a pregnant detainee dur-
ing the quarter shall submit to the Secretary a writ-
ten report that includes, with respect to the deten-
tion facility during 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). 
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(B) The number of pregnant detainees 
held at the detention 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— 
(A) complete an audit of the information 
submitted under subparagraphs (B) through 
(E) of paragraph (1); 
(B) submit to the appropriate committees 
of Congress a report that includes all informa-
tion submitted under paragraph (1), disaggre-
gated by detention facility; and 
(C) issue regulations in accordance with 
national standards regarding minimum stand-
ards facilities should provide. 
(3) PRIVACY.—A report submitted under this 
subsection shall not contain the individually identi-
fying information of any detainee. 
(4) PUBLIC INSPECTION.— 
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(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 each detention facility. 
SEC. 6. DEFINITIONS. 
In this Act: 
(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 individual detained by any Fed-
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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— 
(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. 
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(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 responsible 
for oversight of a detention facility or the designee 
of such official. 
(7) POSTPARTUM RECOVERY.—The term ‘‘post-
partum recovery’’ means the 1-year period, or 
longer, as determined by the licensed health care 
provider of the individual concerned, following deliv-
ery, including the entire period during which the in-
dividual is in a medical facility, birthing center, or 
infirmary after birth. 
(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 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; 
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(H) a security (tether) chain; and 
(I) a convex shield. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
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