Congress moves to ban shackling of pregnant women in immigration detention
S. 916 — Stop Shackling and Detaining Pregnant Women Act · Filed by Patty Murray (D-WA) · 22 cosponsors · Introduced Mar 10, 2025 · Referred to committee
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What it does
This bill prohibits the detention of pregnant and postpartum women in immigration custody except in extraordinary circumstances (immediate serious risk of harm or escape), and bans the use of restraints on pregnant women during detention, labor, and delivery. It requires pregnancy testing at intake, immediate release of pregnant detainees, weekly reviews of those detained under exceptions, comprehensive reproductive health care access, and quarterly reporting to Congress on restraint use and pregnancy outcomes in detention facilities.
Why we flagged it
The bill's operative mechanism is a presumption-of-release rule for pregnant women in immigration detention, paired with prohibitions on restraint use and requirements for reproductive health care and public reporting. It is a protective statute, not a commemorative or appropriations measure.
What the text implies
- Quarterly public reporting of pregnancy outcomes (live births, stillbirths, miscarriages, maternal deaths) in detention facilities may create political pressure to reduce detention of pregnant women beyond the bill's legal mandate, as poor outcomes become visible to Congress and the public.
- The requirement for 'informed medical consent' and prohibition on medical treatment 'against the noncitizen's will' may create tension with ICE's custody and removal authority if a pregnant detainee refuses treatment or transport necessary for safe delivery.
The full analysis lists 4 implications of this text.
Who it affects
The bill directly protects a vulnerable population from documented harms—shackling during pregnancy and labor, denial of prenatal care, and prolonged detention—by establishing clear legal prohibitions and accountability mechanisms. The presumption of release and health-care mandates reduce physical and psychological harm to pregnant women and their fetuses, while quarterly public reporting creates transparency and oversight.