No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6298 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6298
To safeguard the humane treatment of pregnant women by ensuring the
presumption of release and prohibiting shackling, restraining, and
other inhumane treatment of pregnant detained noncitizens, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 2023
Ms. Garcia of Texas (for herself, Mrs. Watson Coleman, Ms. Norton, Ms.
Jackson Lee, Mr. Carter of Louisiana, Ms. Schakowsky, Ms. Lee of
California, Ms. Crockett, Mr. Garcia of Illinois, Ms. Salinas, Ms.
Moore of Wisconsin, Mr. Johnson of Georgia, Mr. Grijalva, Ms. Kamlager-
Dove, and Ms. DeGette) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To safeguard the humane treatment of pregnant women by ensuring the
presumption of release and prohibiting shackling, restraining, and
other inhumane treatment of pregnant detained noncitizens, 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. LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF
NEWBORNS.
(a) Presumption of Release.--
(1) In general.--Except as provided in paragraph (2), the
Secretary--
(A) shall not detain 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 individual is to be removed from
the United States; and
(B) shall immediately release any detained
noncitizen found to be pregnant.
(2) Exceptions.--The Secretary may detain pursuant to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 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 the
individual presents an immediate and serious threat of
hurting themselves or others; and
(B) if such detention is the least restrictive
means available to mitigate such threat.
(3) Removal.--In a case in which detention is the least
restrictive means of effectuating the removal from the United
States of a pregnant individual subject to a final order of
deportation or removal, the Secretary may, solely for the
purpose of such deportation or removal, detain the pregnant
individual for a period that is--
(A) the shortest possible period immediately
preceding the deportation or removal of the individual
from the United States; and
(B) not more than 5 days.
(b) Biweekly Review Required.--
(1) In general.--With respect to a noncitizen detained
under paragraph (2) of subsection (a), not less frequently than
every 14 days, the Secretary shall conduct an individualized
review to determine whether the detained noncitizen continues
to be subject to detention under that paragraph.
(2) Release.--In the case of a determination under
paragraph (1) that a pregnant noncitizen is no longer subject
to detention under subsection (a)(2), not later than 24 hours
after the Secretary makes the determination, the Secretary
shall release the noncitizen.
SEC. 3. 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 shall not be used on a noncitizen in the physical
custody of the Department of Homeland Security who is known to
be--
(A) pregnant, including during--
(i) labor;
(ii) transport to a medical facility or
birthing center; or
(iii) delivery;
(B) lactating; or
(C) postpartum.
(2) Exceptions.--
(A) In general.--Notwithstanding paragraph (1),
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 presents an
immediate and serious threat of hurting
themselves, staff, or 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) Immigration and customs enforcement.--
With respect to a written finding submitted to
the Director under subparagraph (A)(ii), the
Director shall maintain the written finding and
make the finding available for public
inspection only after making appropriate
redactions so as to protect personally
identifiable information.
(b) Prohibition on Presence of Nonmedical Staff.--
(1) In general.--Except as provided in paragraph (2),
nonmedical staff shall not be present in the room during a
pelvic exam, labor, delivery, or treatment of any other symptom
relating to a pregnancy of a detained noncitizen, unless
specifically requested by medical personnel.
(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, as required by subsection (a)(2)(B)(i).
(c) Access to Services.--
(1) U.S. immigration and customs enforcement custody.--A
pregnant detained noncitizen in the custody of U.S. Immigration
and Customs Enforcement shall have access to health care
services, including comprehensive services relating to
reproductive health care and pregnancy, including--
(A) routine or specialized prenatal care;
(B) comprehensive counseling and assistance;
(C) postpartum physical and mental health care,
including substance use disorder treatment;
(D) lactation services; and
(E) 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 in the custody of U.S.
Customs and Border Protection.
SEC. 4. NOTICE OF RIGHTS AND TRAINING.
(a) Notice of Detained Noncitizen Rights.--The Secretary shall
provide to each detained noncitizen, in the detained noncitizen's
native language, notice of the detained noncitizen's rights under this
Act.
(b) Training for DHS Employees.--At the time of hiring, and
annually thereafter, the Secretary shall provide training on the
requirements of this Act to each employee of the Department of Homeland
Security who has a role in the detention or care of a pregnant detained
noncitizen or a postpartum parent of a newborn detained under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 5. REPORTING; RULEMAKING.
(a) Reports.--
(1) Reports by facility administrators.--Not later than 30
days after the end of each quarter fiscal year, the facility
administrator of each facility that detained a pregnant
noncitizen during the quarter shall submit to the Secretary a
written report that includes, with respect to the facility
during the quarter, the following:
(A) An account of every instance of the use of a
restraint on a pregnant detained noncitizen during
pregnancy, labor, or postpartum recovery, including the
type of restraint, the justification for the use of
such restraint, and the name of the facility
administrator who made the individualized determination
under section 3(a)(2)(A).
(B) The number of pregnant noncitizens held at the
facility.
(C) The average length of detention of pregnant
noncitizens.
(D) The number of pregnant noncitizens detained
longer than 15 days.
(E) The number of pregnant noncitizens detained
longer than 30 days.
(F) The number of pregnant noncitizens who gave
birth while detained, and a description of the outcomes
of such pregnancies, including any pregnancy that
resulted in a live birth, stillbirth, miscarriage,
abortion, ectopic pregnancy, maternal death, neonatal
death, or preterm birth.
(2) Audit and reports by secretary.--Not later than 90 days
after the end of each fiscal year, the Secretary shall--
(A) complete an audit of the information submitted
under subparagraphs (B) through (E) of paragraph (1);
(B) submit to the appropriate committees of
Congress a report that includes all information
submitted under paragraph (1), disaggregated by
facility; and
(C) issue regulations in accordance with national
standards regarding minimum standards facilities should
provide.
(3) Privacy.--A report submitted under this subsection
shall not contain the individually identifying information of
any detained noncitizen.
(4) Public inspection.--
(A) In general.--Except as provided in subparagraph
(B), a report submitted under this subsection shall be
made available for public inspection.
(B) Facility administrator.--A report submitted
under this subsection that is made available for public
inspection shall not contain the name of the facility
administrator otherwise included under paragraph
(1)(A).
(b) Rulemaking.--The Secretary shall adopt regulations or policies
to carry out this Act at each facility.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary and the
Committee on Appropriations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Appropriations of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of 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 of
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 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, 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line