S. 916: Stop Shackling and Detaining Pregnant Women Act

The "Stop Shackling and Detaining Pregnant Women Act" aims to ensure the humane treatment of detained pregnant and postpartum women, particularly those under the custody of U.S. immigration authorities. The bill outlines various provisions to protect these individuals during detention, including:

Key Provisions

1. Access to Pregnancy Testing

All individuals processed into custody must have access to pregnancy testing during their initial medical screening.

2. Presumption of Release

Generally, detained individuals who are known to be pregnant, lactating, or postpartum are presumed to be released, unless specific circumstances dictate otherwise. If an individual is confirmed pregnant, they must be released immediately.

• Exceptions to this rule can occur only if there are serious safety concerns regarding the individual, and enrollment in an alternative to detention is not adequate to address those concerns.
• If detention is necessary for removal from the U.S., it must be the shortest time possible, not exceeding five days.

3. Weekly Reviews

The Secretary of Homeland Security must conduct weekly reviews of detained pregnant individuals to determine if their continued detention is justified. If they are found to no longer require detention, they must be released within 24 hours.

4. Humane Treatment and Restraint Provisions

The bill prohibits the use of physical restraints on pregnant individuals during labor, delivery, or postpartum recovery, with few exceptions made for specific safety concerns. If restraints are used, detailed documentation is required.

• Only the least restrictive means should be implemented, and certain types of restraints are explicitly banned, especially during labor.

5. Medical Care and Support Services

Detained individuals must have access to comprehensive healthcare services, including:

• Routine and specialized prenatal care
• Labor and delivery services
• Treatment for pregnancy complications
• Substance use disorder treatment
• Postpartum care and lactation services
• Menstrual hygiene products and family planning

6. Training and Rights Notification

The Secretary shall provide training to all Department of Homeland Security employees involved in the care of detained pregnant individuals. Additionally, all detained individuals must be informed of their rights under this Act.

7. Reporting and Compliance Requirements

Detention facilities must submit quarterly reports regarding the treatment of pregnant individuals and their experiences, including instances of restraint. Additionally, an annual audit and report by the Secretary will summarize this information and ensure compliance with national standards for facility care.

Relevant Companies

None found.