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 for 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-
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 
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(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 during the 1-year period, or longer, as deter-
mined by the licensed health care provider of the in-
dividual concerned, following delivery, including the 
entire period during which the individual is in a 
medical facility, 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 for custody purposes, including— 
(i) flex cuffs; 
(ii) soft restraints; 
(iii) hard metal handcuffs; 
(iv) a black box; 
(v) Chubb cuffs; 
(vi) leg irons; 
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(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. 
SEC. 3. LIMITATION ON DETENTION OF PREGNANT WOMEN 
AND MOTHERS OF NEWBORNS. 
(a) ACCESS
TO PREGNANCY TESTING.—The Sec-
retary shall provide every individual being processed into 
custody access to pregnancy testing during the initial med-
ical screening. 
(b) PRESUMPTION OF RELEASE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary— 
(A) may not detain, arrest, or take into 
custody an individual under any provision of the 
Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) who is known to be pregnant, lac-
tating, or postpartum, pending a decision with 
respect to whether the noncitizen is to be re-
moved from the United States; and 
(B) shall immediately release any detained 
noncitizen found to be pregnant. 
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(2) EXCEPTIONS.—The Secretary, pursuant to 
chapter 4 of title II of the Immigration and Nation-
ality Act (8 U.S.C. 1221 et seq.), may detain an in-
dividual 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— 
(i) such individual poses an immediate 
and serious risk of physical harm to oth-
ers; and 
(ii) enrollment in an alternative to de-
tention program cannot mitigate public 
safety threats associated with such indi-
vidual; and 
(B) if such detention is the only means 
available to mitigate such threats. 
(3) REMOVAL.—If detention is the only means 
of effectuating the removal from the United States 
of a pregnant individual subject to a final order of 
deportation or removal, the Secretary, solely for the 
purpose of such deportation or removal, may detain 
the pregnant individual in temporary housing in ac-
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cordance with applicable temporary housing stand-
ards for a period equal to the shorter of— 
(A) the shortest possible period imme-
diately preceding the deportation or removal of 
the individual from the United States; and 
(B) 5 days. 
(c) WEEKLY REVIEW.— 
(1) IN GENERAL.—The Secretary shall conduct 
an individualized review of each noncitizen detained 
pursuant to subsection (b)(2) not less frequently 
than weekly to determine whether such noncitizen 
continues to be subject to detention under such sub-
section. Each such review shall be completed within 
72 hours after being initiated. 
(2) RELEASE.—Not later than 24 hours after 
the Secretary determines pursuant to paragraph (1) 
that a pregnant noncitizen is no longer subject to 
detention under subsection (b)(2), the noncitizen 
shall be released from the facility in which the non-
citizen had been detained in accordance with safe re-
lease standards. In carrying out such release, an of-
ficer at such facility shall— 
(A) prepare the noncitizen’s complete med-
ical records, medications, and any supplies re-
quired to maintain the noncitizen’s state of 
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health until the noncitizen can be seen by a 
community health professional; and 
(B) communicate with the noncitizen’s at-
torney of record, sponsor, or any post-release 
service provider as soon as details of the non-
citizen’s planned release are available. 
SEC. 4. 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 may not be used on a noncit-
izen who is in the physical custody of the Depart-
ment of Homeland Security, including during trans-
port, if the noncitizen is known to be— 
(A) pregnant, including during labor and 
delivery; 
(B) lactating; or 
(C) postpartum. 
(2) EXCEPTIONS.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), and subject to subparagraph (B), 
use of a restraint on a detained noncitizen de-
scribed in paragraph (1) may be permitted only 
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in an extraordinary circumstance, except in the 
case of a medical contraindication, in which the 
facility administrator has ordered the use of the 
restraint after making an individualized deter-
mination that— 
(i) credible, reasonable grounds exist 
to believe the detained noncitizen poses an 
immediate and serious risk of physical 
harm to 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 
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(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 
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 
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(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— 
(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) U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT.—The Director shall main-
tain a written finding submitted to the Di-
rector pursuant to subparagraph (A)(ii) 
and make such finding available for public 
inspection only after making appropriate 
redactions to protect personally identifiable 
information. 
(b) PROHIBITION ON PRESENCE OF NONMEDICAL 
STAFF.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), nonmedical staff may not be present in 
a room in which a pelvic or breast exam, labor, de-
livery (whether vaginal or by cesarean delivery), or 
treatment of any other symptom relating to a preg-
nancy of a detained noncitizen is occurring unless 
their presence is specifically requested by medical 
personnel and only for a duration that is actually re-
quired to fulfill such request. 
(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 pursuant to subsection (a)(2)(B)(i). 
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(c) ACCESS TO SERVICES.— 
(1) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT CUSTODY.—A detained noncitizen in the cus-
tody of U.S. Immigration and Customs Enforcement 
shall have access to health care services, including 
comprehensive counseling and services relating to re-
productive health care and pregnancy, including— 
(A) routine and specialized prenatal care, 
including adequate nutrition and exercise, HIV 
testing and treatment, and prenatal vitamins 
and vaccines; 
(B) labor and delivery; 
(C) treatment for complications from preg-
nancy; 
(D) substance use disorder treatment; 
(E) postpartum physical and mental health 
care, including postpartum reversible contracep-
tive methods; 
(F) no-cost supply of menstrual hygiene 
products; 
(G) lactation services; and 
(H) family planning, continuation of pre- 
detention contraceptive methods, and abortion 
services. 
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(2) U.S. CUSTOMS AND BORDER PROTECTION 
CUSTODY.—The Commissioner shall ensure that 
minimum standards of care are met for pregnant de-
tained noncitizens who are in the custody of U.S. 
Customs and Border Protection. 
(d) REQUIREMENT FOR INFORMED MEDICAL CON-
SENT.—Services described in subsection (c)(1) may not be 
performed on a detained noncitizen until the provider of 
such services obtains informed consent from the noncit-
izen. Medical treatment may not be administered to a de-
tained noncitizen against such noncitizen’s will. 
(e) MEDICAL CENTER ARRANGEMENTS.—Each facil-
ity administrator shall maintain— 
(1) an arrangement with the nearest maternity 
hospital and ensure facility staff know where to take 
pregnant detained noncitizens in case of emergency; 
and 
(2) a policy to ensure the provision of proper 
care if a detained noncitizen cannot be moved with 
immediacy to a medical center. 
SEC. 5. NOTICE OF RIGHTS AND TRAINING. 
(a) NOTICE OF DETAINED NONCITIZEN RIGHTS.— 
The Secretary shall provide to each detained noncitizen, 
in a language or manner that such noncitizen can under-
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stand, notice of the detained noncitizen’s rights under this 
Act. 
(b) TRAINING FOR DEPARTMENT OF HOMELAND SE-
CURITY EMPLOYEES.—At the time of hiring, and annually 
thereafter, the Secretary shall provide training regarding 
the requirements under this Act to each employee of the 
Department of Homeland Security who is involved in the 
detention or care of a pregnant detained noncitizen or a 
postpartum parent of a newborn who is being detained 
pursuant to chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.). 
SEC. 6. REPORTS; RULEMAKING. 
(a) REPORTS.— 
(1) REPORTS BY FACILITY ADMINISTRATORS.— 
Not later than 30 days after the end of each cal-
endar quarter, the facility administrator of each de-
tention facility in which 1 or more pregnant nonciti-
zens were detained during such quarter shall submit 
a written report to the Secretary that includes, with 
respect to the facility during such quarter— 
(A) an account of every instance of the use 
of a restraint on a pregnant detained noncitizen 
during pregnancy, labor, or postpartum recov-
ery, including— 
(i) the type of restraint; 
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(ii) the justification for the use of 
such restraint; and 
(iii) the name of the facility adminis-
trator who made the individualized deter-
mination pursuant to section 4(a)(2)(A); 
(B) the number of pregnant noncitizens 
held at such facility; 
(C) the number of released pregnant non-
citizens who were held at such facility; 
(D) the average length of detention of 
pregnant noncitizens; 
(E) the number of pregnant noncitizens 
who were detained for between 15 and 30 days; 
(F) the number of pregnant noncitizens 
who were detained longer than 30 days; and 
(G) the number of pregnant noncitizens 
who gave birth while detained and a description 
of the outcomes of any pregnancies that ended 
in custody, including any pregnancy that re-
sulted in a live birth, a stillbirth, a miscarriage, 
an abortion, an ectopic pregnancy, maternal 
morbidity, maternal death, neonatal death, or 
preterm birth. 
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(2) AUDIT AND REPORTS BY SECRETARY.—Not 
later than 90 days after the last day of each fiscal 
year, the Secretary shall— 
(A) complete an audit of the information 
described in subparagraphs (B) through (E) of 
paragraph (1) contained in reports covering 
such fiscal year; 
(B) submit a report to the appropriate 
committees of Congress that includes a sum-
mary of the information submitted pursuant to 
paragraph (1), disaggregated by facility; and 
(C) issue regulations in accordance with 
relevant national standards that set minimum 
standards for facilities providing medical care 
to pregnant noncitizens. 
(3) PRIVACY.—None of the reports submitted 
pursuant to paragraph (1) or (2) may contain the 
individually identifying information of any detained 
noncitizen or the noncitizen’s health care provider. 
(4) PUBLIC INSPECTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), each report submitted under 
this subsection shall be made available on a 
publicly accessible website of the relevant agen-
cy. 
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(B) FACILITY ADMINISTRATOR.—None of 
the reports submitted under paragraph (1) or 
(2) that is posted on a publicly accessible 
website may contain the name of the facility ad-
ministrator referred to in paragraph (1)(A)(iii). 
(b) RULEMAKING.—The Secretary shall adopt regula-
tions or policies to implement the requirements under this 
Act at each detention facility managed or overseen by the 
Department of Homeland Security. 
Æ 
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