Immigration and Customs Enforcement (ICE) has introduced a new policy that women who are known to be pregnant or breastfeeding should not be detained, arrested or detained unless their release is prohibited, according to recently published guidelines.
In a notice ICE sent to members of Congress on Friday, Acting Director Tay Johnson said the changes » reflect our commitment to treat all people with respect and dignity, while respecting the laws of our country.»
In recent months, the Biden administration has made a number of changes regarding immigration control. As CNN notes, the presidential decrees are aimed at canceling more aggressive measures taken under his predecessor.
For example, in February, ICE issued new guidelines that will limit the measures of restraint, paying closer attention to immigrants who pose a threat to national security, border security or public safety — and marking a return to Obama-era immigration measures. Earlier this year, the administration also took measures to stop the detention of families.
Human rights activists have repeatedly warned about the dangers of keeping pregnant women in custody and criticized the Trump administration for canceling the previous policy of limiting their detentions. In a 2019 report, the Government Accountability Project found an increase in the number of pregnant women detained from 2016 to 2018, but notes that in some areas, officers still avoid detaining pregnant women.
The latest ICE directive sets out measures that should be taken in «very limited circumstances»: if a person is detained who is known to be pregnant, has recently given birth or is breastfeeding. This includes, for example, notifying senior ICE officials before an arrest.
If ICE discovers a pregnant, recently born or nursing woman in custody, senior service officials should also be notified to determine whether further detention is appropriate.
