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SENATE 2128117th CongressRead twice and referred to the Committee on the Judiciary.

Stop Shackling and Detaining Pregnant Women Act

Last Action
6/17/2021

Actions

  • 2021-06-17Read twice and referred to the Committee on the Judiciary.
  • 2021-06-17Introduced in Senate

CRS Summary

As of 2021-06-17 (00)

Stop Shackling and Detaining Pregnant Women Act

This bill prohibits the Department of Homeland Security (DHS) from detaining an individual during pregnancy or postpartum recovery and addresses related issues.

DHS must immediately release any detainee found to be pregnant, unless the detainee presents an immediate and serious threat of hurting themselves or others.

A DHS detention facility may not use a restraint on a detainee who is known to be pregnant, including during labor, transport to a medical facility or birthing center, and delivery, or during postpartum recovery, except for medical or safety purposes. The bill requires DHS to use the least restrictive restraint necessary and prohibits certain specified restraint types, including four-point restraints and binding hands behind the detainee's back.

The bill prohibits DHS detention officers from being present during a detainee's pelvic exam, labor, delivery, or treatment relating to a pregnancy, unless specifically requested by medical personnel. If a detention officer is requested by medical personnel, such officer shall be female, if practicable, and remain at a reasonable distance from the detainee.

A pregnant detainee must have access to health care services, including comprehensive services relating to reproductive health care and pregnancy.

DHS must provide annual training about this bill's requirements to each employee who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn. DHS must also provide each detainee notice of their rights under this bill in the detainee's native language.

Cosponsors (20)

  • Richard Blumenthal (D-CT)
  • Edward Markey (D-MA)
  • John Reed (D-RI)
  • Christopher Coons (D-DE)
  • Elizabeth Warren (D-MA)
  • Amy Klobuchar (D-MN)
  • Robert Menendez (D-NJ)
  • Tina Smith (D-MN)
  • Cory Booker (D-NJ)
  • Kirsten Gillibrand (D-NY)
  • Tammy Duckworth (D-IL)
  • Tammy Baldwin (D-WI)
  • Patrick Leahy (D-VT)
  • Mazie Hirono (D-HI)
  • Dianne Feinstein (D-CA)
  • Ron Wyden (D-OR)
  • Catherine Cortez Masto (D-NV)
  • Alex Padilla (D-CA)
  • Bernard Sanders (I-VT)
  • Sheldon Whitehouse (D-RI)

Subjects

  • Abortion
  • Border security and unlawful immigration
  • Congressional oversight
  • Department of Homeland Security
  • Detention of persons
  • Government information and archives
  • Health care coverage and access
  • Health information and medical records
  • Immigration status and procedures
  • Law enforcement officers
  • Medical tests and diagnostic methods
  • Right of privacy
  • Women's health
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.