I 
118TH CONGRESS 
1ST SESSION H. R. 6298 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 8, 2023 
Ms. GARCIA of Texas (for herself, Mrs. WATSON COLEMAN, Ms. NORTON, Ms. 
JACKSON LEE, Mr. CARTER of Louisiana, Ms. SCHAKOWSKY, Ms. LEE 
of California, Ms. CROCKETT, Mr. GARCI´A of Illinois, Ms. SALINAS, Ms. 
MOORE of Wisconsin, Mr. JOHNSON of Georgia, Mr. GRIJALVA, Ms. 
KAMLAGER-DOVE, and Ms. DEGETTE) introduced the following bill; 
which was 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. 
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’’. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN 
AND MOTHERS OF NEWBORNS. 
(a) PRESUMPTION OF RELEASE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary— 
(A) shall not detain an individual under 
any provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) who is known 
to be pregnant, lactating, or postpartum, pend-
ing a decision with respect to whether the indi-
vidual is to be removed from the United States; 
and 
(B) shall immediately release any detained 
noncitizen found to be pregnant. 
(2) EXCEPTIONS.—The Secretary may detain 
pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) an individual who is known to 
be pregnant, lactating, or postpartum— 
(A) under extraordinary circumstances in 
which the Secretary makes an individualized de-
termination that credible, reasonable grounds 
exist to believe that the individual presents an 
immediate and serious threat of hurting them-
selves or others; and 
(B) if such detention is the least restrictive 
means available to mitigate such threat. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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-
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) BIWEEKLY REVIEW REQUIRED.— 
(1) IN GENERAL.—With respect to a noncitizen 
detained under paragraph (2) of subsection (a), not 
less frequently than every 14 days, the Secretary 
shall conduct an individualized review to determine 
whether the detained noncitizen continues to be sub-
ject to detention under that paragraph. 
(2) RELEASE.—In the case of a determination 
under paragraph (1) that a pregnant noncitizen is 
no longer subject to detention under subsection 
(a)(2), not later than 24 hours after the Secretary 
makes the determination, the Secretary shall release 
the noncitizen. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 3. HUMANE TREATMENT OF PREGNANT DETAINED 
NONCITIZENS WHILE IN DETENTION AND 
CUSTODY. 
(a) PROHIBITION ON RESTRAINT OF PREGNANT DE-
TAINED NONCITIZENS.— 
(1) PROHIBITION.—Except as provided in para-
graph (2), restraints shall not be used on a noncit-
izen in the physical custody of the Department of 
Homeland Security who is known to be— 
(A) pregnant, including during— 
(i) labor; 
(ii) transport to a medical facility or 
birthing center; or 
(iii) delivery; 
(B) lactating; or 
(C) postpartum. 
(2) EXCEPTIONS.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), subject to subparagraph (B), use of 
a restraint on a detained noncitizen described 
in paragraph (1) may be permitted only in an 
extraordinary circumstance, except in the case 
of a medical contraindication, in which the fa-
cility administrator has ordered the use of the 
restraint after making an individualized deter-
mination that— 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) credible, reasonable grounds exist 
to believe the detained noncitizen presents 
an immediate and serious threat of hurting 
themselves, staff, or others; or 
(ii) reasonable grounds exist to believe 
the detained noncitizen presents an imme-
diate and credible risk of escape that can-
not 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), 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 de-
tained noncitizen shall immediately remove 
any restraint; and 
(ii) under no circumstance shall— 
(I) a leg, waist, or 4-point re-
straint be used; 
(II) a wrist restraint be used to 
bind the hands of such a detained 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
noncitizen behind the back of the de-
tained noncitizen or to another indi-
vidual; 
(III) a detained noncitizen be re-
strained in a face-down position or on 
their back; or 
(IV) any restraint be used on any 
detained noncitizen who is in labor or 
delivering. 
(3) 
RECORD
OF
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(A) REQUIREMENTS.—If a restraint is 
used on a detained noncitizen pursuant to para-
graph (2)(A), not later than 5 days after the 
date on which the restraint was used, the facil-
ity administrator shall— 
(i) record in writing the finding that 
describes the medical purpose or extraor-
dinary circumstance that dictated the use 
of the restraint; and 
(ii) submit the finding to the Director. 
(B) RETENTION.— 
(i) FACILITY.—With respect to a writ-
ten finding under subparagraph (A)(i), the 
facility administrator shall— 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(I) keep the finding on file at the 
applicable facility for not less than 5 
years after the date on which the re-
straint was used; and 
(II) make a copy of the finding 
available for public inspection on re-
quest, only after making appropriate 
redactions so as to protect personally 
identifiable information. 
(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 only 
after making appropriate redactions so as 
to protect personally identifiable informa-
tion. 
(b) PROHIBITION ON PRESENCE OF NONMEDICAL 
STAFF.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nonmedical staff shall not 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 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
nancy of a detained noncitizen, unless specifically re-
quested by medical personnel. 
(2) EXCEPTION.—If the presence of nonmedical 
staff is requested by medical personnel, the nonmed-
ical staff shall— 
(A) be of the detained noncitizen’s gender 
of choice, if practicable; and 
(B) remain at a reasonable distance from 
the detained noncitizen and face toward the de-
tained noncitizen’s head to protect the privacy 
of the detained noncitizen. 
(3) USE OF RESTRAINTS.—If a restraint is used 
on a detained noncitizen pursuant to subsection 
(a)(2)(A), an employee of the Department of Home-
land Security shall remain immediately outside the 
room at all times so that the employee may promptly 
remove the restraint if requested by medical per-
sonnel, as required by subsection (a)(2)(B)(i). 
(c) ACCESS TO SERVICES.— 
(1) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT CUSTODY.—A pregnant detained noncitizen in 
the custody of U.S. Immigration and Customs En-
forcement shall have access to health care services, 
including comprehensive services relating to repro-
ductive health care and pregnancy, including— 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) routine or specialized prenatal care; 
(B) comprehensive counseling and assist-
ance; 
(C) postpartum physical and mental health 
care, including substance use disorder treat-
ment; 
(D) lactation services; and 
(E) abortion services. 
(2) U.S. CUSTOMS AND BORDER PROTECTION 
CUSTODY.—The Commissioner shall ensure that 
minimum standards of care are met for pregnant de-
tained noncitizens in the custody of U.S. Customs 
and Border Protection. 
SEC. 4. NOTICE OF RIGHTS AND TRAINING. 
(a) NOTICE OF DETAINED NONCITIZEN RIGHTS.— 
The Secretary shall provide to each detained noncitizen, 
in the detained noncitizen’s native language, notice of the 
detained noncitizen’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 detained non-
citizen or a postpartum parent of a newborn detained 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
SEC. 5. REPORTING; RULEMAKING. 
(a) REPORTS.— 
(1) REPORTS BY FACILITY ADMINISTRATORS.— 
Not later than 30 days after the end of each quarter 
fiscal year, the facility administrator of each facility 
that detained a pregnant noncitizen during the quar-
ter shall submit to the Secretary a written report 
that includes, with respect to the facility during the 
quarter, the following: 
(A) An account of every instance of the 
use of a restraint on a pregnant detained non-
citizen during pregnancy, labor, or postpartum 
recovery, including the type of restraint, the 
justification for the use of such restraint, and 
the name of the facility administrator who 
made the individualized determination under 
section 3(a)(2)(A). 
(B) The number of pregnant noncitizens 
held at the facility. 
(C) The average length of detention of 
pregnant noncitizens. 
(D) The number of pregnant noncitizens 
detained longer than 15 days. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(E) The number of pregnant noncitizens 
detained longer than 30 days. 
(F) The number of pregnant noncitizens 
who gave birth while detained, and a descrip-
tion of the outcomes of such pregnancies, in-
cluding any pregnancy that resulted in a live 
birth, stillbirth, miscarriage, abortion, ectopic 
pregnancy, maternal death, neonatal death, or 
preterm birth. 
(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), 
disaggregated by 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 detained noncitizen. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) PUBLIC INSPECTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a report submitted under 
this subsection shall be made available for pub-
lic inspection. 
(B) FACILITY ADMINISTRATOR.—A report 
submitted under this subsection that is made 
available for public inspection shall not contain 
the name of the facility administrator otherwise 
included under paragraph (1)(A). 
(b) RULEMAKING.—The Secretary shall adopt regula-
tions or policies to carry out this Act at each facility. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Appropriations of the Senate; 
and 
(B) the Committee on the Judiciary and 
the Committee on Appropriations of the House 
of Representatives. 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) DETAINED
NONCITIZEN.—The term ‘‘de-
tained noncitizen’’ includes any adult or juvenile in-
dividual 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 ‘‘deten-
tion officer’’ means an individual who— 
(A) works at a facility, including an indi-
vidual who works at a facility pursuant to a 
contract or subcontract; and 
(B) performs duties relating to the secu-
rity, custody, or transport of individuals in cus-
tody. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of U.S. Immigration and Customs En-
forcement. 
(6) FACILITY.—The term ‘‘facility’’ means a 
Federal, State, or local government facility, or a pri-
vately owned and operated facility, that is used, in 
whole or in part, to hold individuals under the au-
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
thority of the Secretary of Homeland Security, in-
cluding a facility that— 
(A) holds such individuals under a contract 
or agreement with the Director or the Commis-
sioner; or 
(B) is used, in whole or in part, to hold in-
dividuals pursuant to an immigration detainer 
or similar request. 
(7) FACILITY ADMINISTRATOR.—The term ‘‘fa-
cility administrator’’ means the official responsible 
for oversight of a facility, or the designee of such of-
ficial. 
(8) POSTPARTUM.—The term ‘‘postpartum’’ 
means the 1-year period, or longer, as determined by 
the licensed health care provider of the individual 
concerned, following delivery, including the entire pe-
riod during which the individual is in a medical facil-
ity, birthing center, or infirmary after birth. 
(9) RESTRAINT.—The term ‘‘restraint’’— 
(A) means any physical restraint or me-
chanical device used to control the movement of 
the body or limbs of a detained noncitizen’s 
body, including— 
(i) flex cuffs; 
(ii) soft restraints; 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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. 
Æ 
VerDate Sep 11 2014 
22:53 Nov 15, 2023
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H6298.IH
H6298
kjohnson on DSK7ZCZBW3PROD with $$_JOB