The Democratic Women’s Caucus is demanding the release of any pregnant, postpartum and nursing immigrants who are being held by Immigration and Customs Enforcement (ICE) and who don’t pose a security risk.
The group of lawmakers made the demand in a letter to ICE acting Director Todd Lyons, citing “deeply concerning” reports of pregnant women who have been arrested and detained under circumstances that pose risks to their health and their pregnancies. The 19th reported last month on several cases of immigrant women who were held in ICE detention and said they didn’t receive adequate food, sleeping situations, prenatal care or access to pumping supplies while in government custody. The American Civil Liberties Union (ACLU) documented more than a dozen additional cases in a letter sent to ICE officials on October 22.
“Despite our urgent appeal to the administration in July regarding the safety of pregnant women in ICE custody, we have continued to receive numerous reports of pregnant women who have been detained under unacceptable treatment without clear exceptional circumstances,” the Democratic Women’s Caucus wrote in a letter to Lyons signed by 61 lawmakers.
“By detaining vulnerable women in appalling conditions while pregnant, you are subjecting both the pregnant individual and the unborn child to significant risks and possible death.”
Lawmakers called on the administration to adhere to a Biden-era policy directive that bans ICE from arresting or detaining immigrants who are pregnant, postpartum or nursing outside “exceptional circumstances,” which the policy defines as posing a risk to national security or imminent risk of death, violence or physical harm.
President Donald Trump has not formally rescinded the policy.
It’s not clear exactly how many pregnant, postpartum or nursing immigrants are in custody or have been detained this year: This March, the Republican-controlled Congress let lapse a requirement that the administration report twice a year on how many of these immigrants are being held in immigration facilities. Since fall 2019, Congress required the Department of Homeland Security to publicly report the count every six months and include “detailed justification” for every single detained immigrant who was pregnant, postpartum or nursing.
ICE did not respond to The 19th’s request for this data, which has also been requested by lawmakers, the ACLU and other organizations. ICE has not fulfilled any of these requests.
While the agency said in a statement in August that pregnant immigrants are receiving sufficient care in custody, medical professionals say the conditions in these facilities can heighten the risk for complications. Limited food can impact nutrition at a vulnerable time; access to medical appointments is spotty and often not aligned with standards of care; and pregnant, postpartum and nursing detainees also face the stress of arrest and separation from their families.
“Are they able to see any medical person? What about cleanliness, being able to go to the bathroom or even getting proper sleep at night? I've had two children myself, and I know how important all of this is,” said Rep. Robin Kelly, a Democrat from Illinois, the lead author of the letter to ICE. “There are so many things working against them having a healthy baby.”
In addition to the release of these immigrants, Kelly said, the caucus is demanding a review of processes and training related to ICE’s treatment of pregnant, postpartum and nursing individuals. They are also asking for data, including the number of pregnant women who have been detained, as well as any births, miscarriages or other obstetric emergencies.
The lawmakers asked for a substantive response within 45 days.
This story was originally reported by Mel Leonor Barclay of The 19th. Meet Mel and read more of her reporting on gender, politics and policy.
Shefali Luthra contributed to this report.