Reps. Roybal-Allard and Jayapal Denounce ICE Policy of Detaining Pregnant Women

Statement

Congresswomen Lucille Roybal-Allard (CA-40) and Pramila Jayapal (WA-07), the co-chairs of the Women's Working Group on Immigration Reform, issued the following statement denouncing a newly disclosed Immigration and Customs Enforcement (ICE) policy that ends the presumption of release for detained pregnant women, including pregnant mothers seeking asylum:

"Detaining pregnant women is an affront to American decency, and to our history as a nation of immigrants. ICE should not be detaining pregnant women except in extraordinary circumstances. For ICE to make the detention of pregnant women an official policy is simply disgraceful.

"There have been multiple confirmed miscarriages in detention, and credible news of inadequate medical care. It is clear that detention threatens the well-being of these women, and the well-being of their unborn children. We urge ICE to adopt a policy that presumes the release of pregnant women, and to honor this policy one hundred percent."

Previously, pregnant women were only detained if their detention was required by law or due to "extraordinary circumstances." ICE's new policy states that pregnant women will be detained on a case-by-case basis. This new policy continues the tone set by President Trump's previous executive order, "Enhancing Public Safety in the Interior of the United States," from January 2017, which has led to increased interior enforcement across the country.

Reports show that ICE detained nearly 68,000 women in fiscal year 2017, of whom 525 were pregnant. As ICE ramps up its enforcement efforts, more and more vulnerable individuals are being detained, in some cases for long time periods. This is particularly concerning for women who have specific health needs that may be unmet in immigration detention.

In October 2017, Reps. Roybal-Allard and Jayapal led a letter with 68 congressional colleagues to then-Acting Homeland Security Secretary Elaine Duke raising concerns about alarming reports of miscarriages in immigration detention, reportedly due to mistreatment and medical neglect. These cases highlight the lack of basic oversight and accountability for protecting pregnant women and preventing inappropriate actions. The letter led by Reps. Roybal-Allard and Jayapal requested that DHS clarify its immigration proceedings around detained pregnant women. However, no response has been received.

In addition, in October 2017, Reps. Adam Smith (WA-09), Jayapal, and Roybal-Allard were among those to introduce H.R. 3923, the Dignity for Detained Immigrants Act, which included a special rule that would make it more difficult to detain pregnant women and other vulnerable populations.

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