Stop Shackling and Detaining Pregnant Women Act
Sponsored By: Senator Sen. Murray, Patty [D-WA]
Introduced
Summary
Limits on detention for pregnant, lactating, and postpartum noncitizens is the central goal. The bill presumes release for people who are pregnant, nursing, or recently postpartum and builds strict medical, restraint, and review rules around any narrow exceptions.
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- Families and patients: It requires pregnancy testing at initial processing and a presumption of release for known pregnant, lactating, or postpartum noncitizens. Detained people must have access to comprehensive care including prenatal care, labor and delivery, postpartum services, contraception, abortion services, lactation support, HIV care, substance use treatment, and menstrual products.
- Detention operations: Restraints are broadly banned except in extraordinary cases and then only the least restrictive method may be used. Several restraints are categorically prohibited, and any use must be documented within five days with records kept and privacy protections allowed.
- Oversight and process: Detention under narrow exceptions gets a weekly individualized review completed within 72 hours and release within 24 hours if detention is no longer warranted. Facilities must train staff at hire and annually, maintain maternity hospital arrangements, and provide quarterly and annual reports with public access and privacy redactions.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Ban on shackles and privacy rules
This bill would ban most restraints on detained people known to be pregnant, lactating, or postpartum. Restraints could be used only in very rare emergencies and only the least-restrictive type. Certain restraints would be always banned, including leg, waist, four-point restraints, and any restraint during labor or delivery. A treating clinician could order restraints removed immediately. Facilities would have to record why any exception was used within five days and keep that record at least five years. Nonmedical staff would generally not be allowed during pelvic or breast exams, labor, delivery, or pregnancy care unless medical staff request them.
Presumed release for pregnant detainees
This bill would generally bar detaining people known to be pregnant, lactating, or within one year postpartum while their removal case is pending. Exceptions would be allowed only for rare, individualized findings of immediate, serious risk that cannot be mitigated by alternatives. If a detained person is pregnant, reviews of any detention would have to happen weekly and be completed within 72 hours. If detention is no longer appropriate, release would have to occur within 24 hours. For people with final removal orders, detention only to effectuate removal would be limited to the time needed to remove them, and no more than five days.
More pregnancy care and oversight
This bill would require ICE custody to provide comprehensive pregnancy and reproductive care, including prenatal care, labor and delivery, postpartum care, contraception, abortion services, substance use treatment, lactation support, and free menstrual products. The bill would require pregnancy testing at intake. CBP would have to meet minimum medical standards while people are in its custody. Each facility that held pregnant people would file quarterly reports about restraint use, detention lengths, and births within 30 days after the quarter ends. The Secretary would audit those reports yearly and write rules setting minimum medical standards. The bill would also require training at hire and yearly, and a plain-language notice of rights for detainees.
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Sponsors & CoSponsors
Sponsor
Sen. Murray, Patty [D-WA]
WA • D
Cosponsors
Richard Blumenthal
CT • D
Sponsored 3/10/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 3/10/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 3/10/2025
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 3/10/2025
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 3/10/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 3/10/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 3/10/2025
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 3/10/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 3/10/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 3/10/2025
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 3/10/2025
Amy Klobuchar
MN • D
Sponsored 3/10/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 3/10/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 3/10/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 3/10/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 3/10/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 3/10/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 3/10/2025
Peter Welch
VT • D
Sponsored 3/10/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 3/10/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 3/12/2025
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 3/12/2025
Roll Call Votes
No roll call votes available for this bill.
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