H.R. 4664

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4664 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4664

To safeguard the humane treatment of pregnant and postpartum women by 
ensuring the presumption of release and prohibiting shackling, 
restraining, and other inhumane treatment, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 23, 2025

Ms. Garcia of Texas (for herself, Mr. Thompson of Mississippi, Ms. 
Velazquez, Mr. Takano, Ms. Waters, Mr. Espaillat, Ms. Clarke of New 
York, Ms. Leger Fernandez, Mr. Castro of Texas, Mrs. Ramirez, Mr. 
Johnson of Georgia, Ms. Norton, Mr. Evans of Pennsylvania, Mrs. Watson 
Coleman, Ms. DeGette, Mr. Davis of Illinois, Ms. Sewell, Ms. Simon, Ms. 
Tlaib, Mr. Carson, Mr. Krishnamoorthi, Mr. Correa, Ms. Ross, Mr. 
Vargas, Ms. Williams of Georgia, Mr. Fields, Ms. Crockett, Ms. Wilson 
of Florida, Mr. Bell, Ms. Schakowsky, Mr. Green of Texas, Ms. Kelly of 
Illinois, Ms. Omar, Mr. Thanedar, Mr. Goldman of New York, Mr. Jackson 
of Illinois, Ms. Barragan, Ms. McCollum, Mr. Khanna, Mr. Soto, Mr. 
Figures, Ms. Lee of Pennsylvania, Ms. Brownley, Mr. Garcia of Illinois, 
and Ms. Ocasio-Cortez) introduced the following bill; which was 
referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To safeguard the humane treatment of pregnant and postpartum women by 
ensuring the presumption of release and prohibiting shackling, 
restraining, and other inhumane treatment, and for other purposes.

Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Appropriate committees of congress.--The term 
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and 
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security of the House 
of Representatives;
(E) the Committee on the Judiciary of the House of 
Representatives; and
(F) the Committee on Appropriations of the House of 
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the 
Commissioner for U.S. Customs and Border Protection.
(3) Detained noncitizen.--The term ``detained noncitizen'' 
includes any adult or juvenile individual 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 ``detention officer'' 
means an individual who--
(A) works at a facility, including an individual 
who works at a facility pursuant to a contract or 
subcontract; and
(B) performs duties relating to the security, 
custody, or transport of individuals in custody.
(5) Director.--The term ``Director'' means the Director for 
U.S. Immigration and Customs Enforcement.
(6) Facility.--The term ``facility'' means a Federal, 
State, or local government facility, or a privately owned and 
operated facility, that is used, in whole or in part, to hold 
individuals under the authority of the Secretary of Homeland 
Security, including a facility that--
(A) holds such individuals under a contract or 
agreement with the Director or the Commissioner; or
(B) is used, in whole or in part, to hold 
individuals pursuant to an immigration detainer or 
similar request.
(7) Facility administrator.--The term ``facility 
administrator'' means the official responsible for oversight of 
a facility, or the designee of such official.
(8) Postpartum.--The term ``postpartum'' means during the 
1-year period, or longer, as determined by the licensed health 
care provider of the individual 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 mechanical 
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;
(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 Secretary shall provide every 
individual being processed into custody access to pregnancy testing 
during the initial medical screening.
(b) Presumption of Release.--
(1) In general.--Except as provided in paragraph (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, lactating, or postpartum, pending a 
decision with respect to whether the noncitizen is to 
be removed from the United States; and
(B) shall immediately release any detained 
noncitizen found to be pregnant.
(2) Exceptions.--The Secretary, pursuant to chapter 4 of 
title II of the Immigration and Nationality Act (8 U.S.C. 1221 
et seq.), may detain an individual who is known to be pregnant, 
lactating, or postpartum--
(A) under extraordinary circumstances in which the 
Secretary makes an individualized determination that 
credible, reasonable grounds exist to believe that--
(i) such individual poses an immediate and 
serious risk of physical harm to others; and
(ii) enrollment in an alternative to 
detention program cannot mitigate public safety 
threats associated with such individual; 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 accordance with applicable temporary housing 
standards for a period equal to the shorter of--
(A) the shortest possible period immediately 
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 subsection. 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 
noncitizen had been detained in accordance with safe release 
standards. In carrying out such release, an officer at such 
facility shall--
(A) prepare the noncitizen's complete medical 
records, medications, and any supplies required to 
maintain the noncitizen's state of health until the 
noncitizen can be seen by a community health 
professional; and
(B) communicate with the noncitizen's attorney of 
record, sponsor, or any post-release service provider 
as soon as details of the noncitizen's planned release 
are available.

SEC. 4. HUMANE TREATMENT OF PREGNANT DETAINED NONCITIZENS WHILE IN 
DETENTION AND CUSTODY.

(a) Prohibition on Restraint of Pregnant Detained Noncitizens.--
(1) Prohibition.--Except as provided in paragraph (2), 
restraints may not be used on a noncitizen who is in the 
physical custody of the Department of Homeland Security, 
including during transport, 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 paragraph (1), and 
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 
facility administrator has ordered the use of the 
restraint after making an individualized determination 
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 immediate 
and credible risk of escape that cannot be 
reasonably minimized through any other method.
(B) Requirement for least restrictive restraints.--
In the rare event of an extraordinary circumstance 
described in subparagraph (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 detained 
noncitizen shall immediately remove any 
restraint; and
(ii) under no circumstance shall--
(I) a leg, waist, or 4-point 
restraint be used;
(II) a wrist restraint be used to 
bind the hands of such a detained 
noncitizen behind the back of the 
detained noncitizen or to another 
individual;
(III) a detained noncitizen be 
restrained 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 circumstances.--
(A) Requirements.--If a restraint is used on a 
detained noncitizen pursuant to paragraph (2)(A), not 
later than 5 days after the date on which the restraint 
was used, the facility administrator shall--
(i) record in writing the finding that 
describes the medical purpose or extraordinary 
circumstance that dictated the use of the 
restraint; and
(ii) submit the finding to the Director.
(B) Retention.--
(i) Facility.--With respect to a written 
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 
restraint was used; and
(II) make a copy of the finding 
available for public inspection on 
request, only after making appropriate 
redactions so as to protect personally 
identifiable information.
(ii) U.S. immigration and customs 
enforcement.--The Director shall maintain a 
written finding submitted to the Director 
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.--
(1) In general.--Except as provided in paragraph (2), 
nonmedical staff may not be present in a room in which a pelvic 
or breast exam, labor, delivery (whether vaginal or by cesarean 
delivery), or treatment of any other symptom relating to a 
pregnancy of a detained noncitizen is occurring unless their 
presence is specifically requested by medical personnel and 
only for a duration that is actually required to fulfill such 
request.
(2) Exception.--If the presence of nonmedical staff is 
requested by medical personnel, the nonmedical 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 detained 
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 Homeland Security shall remain 
immediately outside the room at all times so that the employee 
may promptly remove the restraint if requested by medical 
personnel pursuant to subsection (a)(2)(B)(i).
(c) Access to Services.--
(1) U.S. immigration and customs enforcement custody.--A 
detained noncitizen in the custody of U.S. Immigration and 
Customs Enforcement shall have access to health care services, 
including comprehensive counseling and services relating to 
reproductive 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 pregnancy;
(D) substance use disorder treatment;
(E) postpartum physical and mental health care, 
including postpartum reversible contraceptive 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.
(2) U.S. customs and border protection custody.--The 
Commissioner shall ensure that minimum standards of care are 
met for pregnant detained noncitizens who are in the custody of 
U.S. Customs and Border Protection.
(d) Requirement for Informed Medical Consent.--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 
noncitizen. Medical treatment may not be administered to a detained 
noncitizen against such noncitizen's will.
(e) Medical Center Arrangements.--Each facility 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 understand, notice of the detained noncitizen's rights 
under this Act.
(b) Training for Department of Homeland Security 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 calendar quarter, the facility 
administrator of each detention facility in which 1 or more 
pregnant noncitizens 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 recovery, including--
(i) the type of restraint;
(ii) the justification for the use of such 
restraint; and
(iii) the name of the facility 
administrator who made the individualized 
determination pursuant to section 4(a)(2)(A);
(B) the number of pregnant noncitizens held at such 
facility;
(C) the number of released pregnant noncitizens 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 resulted in a live birth, a stillbirth, 
a miscarriage, an abortion, an ectopic pregnancy, 
maternal morbidity, maternal death, neonatal death, or 
preterm birth.
(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 summary 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 agency.
(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 administrator referred to in paragraph 
(1)(A)(iii).
(b) Rulemaking.--The Secretary shall adopt regulations or policies 
to implement the requirements under this Act at each detention facility 
managed or overseen by the Department of Homeland Security.
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