Stop Shackling and Detaining Pregnant Women Act
Sponsored By: Representative Garcia (TX)
Introduced
Summary
This bill would create a strong presumption against detention and a prohibition on shackling for pregnant, lactating, and postpartum people. It would pair that presumption with health-first standards, regular case reviews, and public reporting to enforce humane treatment.
Show full summary
- Pregnant and postpartum individuals would get guaranteed access to pregnancy testing and a wide range of medical care. That includes prenatal and postpartum care, labor and delivery services, lactation support, contraception continuation, substance use disorder treatment, and abortion services when applicable.
- Detention rules would favor release and require routine oversight. The bill would mandate weekly individualized reviews, a 72-hour review window, and release within 24 hours if detention is no longer justified.
- Facilities and agencies would face tight limits on restraints and stronger transparency. Most restraints and specific types would be barred except in narrowly documented emergencies, and facilities would do quarterly reporting, yearly audits by the Department of Homeland Security, annual staff training, and privacy-protected public disclosures.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 7 benefits, 0 costs, 0 mixed.
No shackling of pregnant detainees
This bill would ban restraints on people known to be pregnant, lactating, or in the first year after birth, including during transport. A facility could use restraints only in a rare, documented emergency and only the least restrictive type. Leg, waist, or 4‑point restraints, and face‑down or behind‑the‑back positions, would be banned. Any restraint must be removed if a treating health professional asks. No restraints would be allowed during labor or delivery.
Presumption of release for pregnant people
This bill would set a presumption against detaining people known to be pregnant, lactating, or within one year after birth. Detention would be allowed only in rare cases with a specific finding of immediate serious risk, and only if alternatives cannot reduce the threat. If a pregnant person has a final removal order, detention only to carry out removal would be limited to the shortest possible time and no more than 5 days. DHS would review any such detention at least weekly and finish each review within 72 hours. If detention no longer applies, release would be within 24 hours, with medical records and medications prepared and contacts notified.
Health care for pregnant detainees
If enacted, people in DHS custody who are pregnant, lactating, or within one year after birth would get pregnancy health care. Intake would include pregnancy testing. Care would include prenatal visits, delivery, treatment for complications, postpartum mental and physical care, contraception, menstrual products, lactation help, and abortion services. Care would require informed consent, and treatment could not be forced. Nonmedical staff would not be present during exams or delivery unless a clinician asks.
Facilities must plan for maternity care
Each detention facility would need an arrangement with the nearest maternity hospital and clear emergency steps. Staff would need to know where to take someone in an emergency. Facilities would need a plan to provide care if an immediate transfer is not possible. CBP would set minimum standards for care, and DHS would issue rules to apply these requirements at its facilities.
Know your rights and staff training
Detained people would get a notice of their rights in a language or way they understand. DHS would train staff who work with pregnant or postpartum detainees at hiring and every year. Training would cover the bill’s medical, privacy, release, and restraint rules.
Who is covered by these rules
This bill would define who the protections cover. It would include adults and juveniles held by federal, state, or local agencies, including contract and detainer facilities. "Postpartum" would mean one year after delivery, or longer if a licensed health provider says so. It would list what counts as a restraint and would exclude medical restraints. These definitions would guide who can claim the Act’s protections.
Public reporting and audits on restraints
Facilities would document any rare restraint use within 5 days and keep records for 5 years. Redacted copies would be available for public inspection. Within 30 days after each quarter, facilities would report counts, detention lengths, restraint details, and pregnancy outcomes, without personal data. DHS would complete a yearly audit within 90 days after the fiscal year and share a summary with Congress. DHS would also set minimum medical standards for pregnant detainees.
Sponsors & CoSponsors
Sponsor
Garcia (TX)
TX • D
Cosponsors
Thompson (MS)
MS • D
Sponsored 7/23/2025
Velazquez
NY • D
Sponsored 7/23/2025
Takano
CA • D
Sponsored 7/23/2025
Waters
CA • D
Sponsored 7/23/2025
Espaillat
NY • D
Sponsored 7/23/2025
Clarke (NY)
NY • D
Sponsored 7/23/2025
Leger Fernandez
NM • D
Sponsored 7/23/2025
Castro (TX)
TX • D
Sponsored 7/23/2025
Ramirez
IL • D
Sponsored 7/23/2025
Johnson (GA)
GA • D
Sponsored 7/23/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 7/23/2025
Evans (PA)
PA • D
Sponsored 7/23/2025
Watson Coleman
NJ • D
Sponsored 7/23/2025
DeGette
CO • D
Sponsored 7/23/2025
Davis (IL)
IL • D
Sponsored 7/23/2025
Sewell
AL • D
Sponsored 7/23/2025
Simon
CA • D
Sponsored 7/23/2025
Tlaib
MI • D
Sponsored 7/23/2025
Carson
IN • D
Sponsored 7/23/2025
Krishnamoorthi
IL • D
Sponsored 7/23/2025
Correa
CA • D
Sponsored 7/23/2025
Ross
NC • D
Sponsored 7/23/2025
Vargas
CA • D
Sponsored 7/23/2025
Williams (GA)
GA • D
Sponsored 7/23/2025
Fields
LA • D
Sponsored 7/23/2025
Crockett
TX • D
Sponsored 7/23/2025
Wilson (FL)
FL • D
Sponsored 7/23/2025
Bell
MO • D
Sponsored 7/23/2025
Schakowsky
IL • D
Sponsored 7/23/2025
Green, Al (TX)
TX • D
Sponsored 7/23/2025
Kelly (IL)
IL • D
Sponsored 7/23/2025
Omar
MN • D
Sponsored 7/23/2025
Thanedar
MI • D
Sponsored 7/23/2025
Goldman (NY)
NY • D
Sponsored 7/23/2025
Jackson (IL)
IL • D
Sponsored 7/23/2025
Barragan
CA • D
Sponsored 7/23/2025
McCollum
MN • D
Sponsored 7/23/2025
Khanna
CA • D
Sponsored 7/23/2025
Soto
FL • D
Sponsored 7/23/2025
Figures
AL • D
Sponsored 7/23/2025
Lee (PA)
PA • D
Sponsored 7/23/2025
Brownley
CA • D
Sponsored 7/23/2025
Garcia (IL)
IL • D
Sponsored 7/23/2025
Ocasio-Cortez
NY • D
Sponsored 7/23/2025
Swalwell
CA • D
Sponsored 8/22/2025
Frankel, Lois
FL • D
Sponsored 8/22/2025
Stansbury
NM • D
Sponsored 9/2/2025
Tokuda
HI • D
Sponsored 10/17/2025
Ansari
AZ • D
Sponsored 10/17/2025
McIver
NJ • D
Sponsored 10/31/2025
Latimer
NY • D
Sponsored 11/12/2025
DeSaulnier
CA • D
Sponsored 11/17/2025
Grijalva
AZ • D
Sponsored 11/20/2025
Torres (CA)
CA • D
Sponsored 12/4/2025
Meng
NY • D
Sponsored 12/9/2025
Johnson (TX)
TX • D
Sponsored 1/13/2026
Roll Call Votes
No roll call votes available for this bill.
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