119-hr-8690119th CongressWALLET

Pregnant Women in Custody Act

Sponsored By: Representative Kamlager-Dove, Sydney [D-CA-37]

In Committee

Summary

Protecting pregnant people in custody is the bill's central goal, pairing a ban on restraints and long restrictive housing with requirements for medical care, mother‑infant bonding, data collection, and staff training. It creates uniform standards across federal and covered custodial settings and new reporting and enforcement paths.

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  • Pregnant people and newborns gain specific health and bonding protections. The bill bans shackling during pregnancy and postpartum recovery, bars solitary in the third trimester, limits restrictive housing until at least 12 weeks post‑delivery, and requires at least 60 minutes of mother‑infant bonding time plus access to nursery placement and lactation support.
  • Families and parental caregivers get counseling and support. The law requires prenatal and postpartum education within 14 days of pregnancy notice and counseling on parental rights, kinship care, family‑preservation services, and Office of Child Support Enforcement guidance.
  • Agencies and staff face new reporting, training, and oversight duties. The Bureau of Justice Statistics and DHS/ORR must publish custody pregnancy health statistics, agencies must finalize emergency birth rules within 180 days and public stats within one year, mandatory staff training is required, GAO will study local practices, and civil actions are authorized for violations.

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Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Ban shackling and solitary in prison

If enacted, an incarcerated pregnant woman would not be shackled or put in restrictive housing from pregnancy confirmation until at least 12 weeks after delivery, unless a very narrow, individualized exception applies. Any exception would require daily review and an individualized plan to move the woman to less restrictive housing as soon as feasible. A woman in her third trimester could not be placed in solitary. Prisons would have to report such placements within 30 days, set up violation‑reporting within 180 days, protect reporters from retaliation, and individuals could sue the Bureau of Prisons or U.S. Marshals Service for damages and relief.

Limit shackling in immigration custody

If enacted, a pregnant woman in CBP, ICE, or ORR custody would not be shackled or placed in restrictive housing from pregnancy confirmation until at least 12 weeks after delivery. Temporary exceptions would require an individualized determination with daily review and a plan to move the person to less restrictive housing; no solitary would be allowed in the third trimester. Agencies must notify the woman within 24 hours of pregnancy confirmation, set up violation‑reporting within 180 days, and publish custody statistics within one year. DHS and HHS would also report to Congress every 180 days for 10 years.

More pregnancy care and bonding

If enacted, pregnant people in custody would be offered nursery or residential programs so a mother and infant can stay together after birth. They would get lactation support and access to contraception and to pregnancy and STI testing on request; an entry pregnancy test would be offered but could be declined. A pregnant person would get prenatal education and counseling within 14 days of notifying facility staff, including information about child support and welfare debt. A health professional would evaluate whether a pregnancy is high‑risk and, if the woman agrees, she could be transferred to a Residential Reentry Center with safe transport and time credited toward her sentence.

Training and public pregnancy data

If enacted, federal and covered state and local staff would get new education and training on the health needs of pregnant people in custody and harms of restraints. The Bureau of Prisons must provide initial training within 180 days, train new hires within 30 days, and give recurring training twice a year; the U.S. Marshals Service must start training within 180 days and train new Deputies within 30 days. The National Institute of Corrections, DHS, and HHS would provide technical assistance to state, local, and immigration facilities. Federal agencies would publish pregnancy custody statistics within one year and BOP would post annual administrative‑remedy data.

Sponsors & CoSponsors

Sponsor

Kamlager-Dove, Sydney [D-CA-37]

CA • D

Cosponsors

  • Rep. Johnson, Henry C. "Hank" [D-GA-4]

    GA • D

    Sponsored 5/7/2026

  • Del. Norton, Eleanor Holmes [D-DC-At Large]

    DC • D

    Sponsored 5/7/2026

  • Rep. Brownley, Julia [D-CA-26]

    CA • D

    Sponsored 5/7/2026

  • Rep. Simon, Lateefah [D-CA-12]

    CA • D

    Sponsored 5/7/2026

  • Rep. Ramirez, Delia C. [D-IL-3]

    IL • D

    Sponsored 5/7/2026

  • Rep. Davis, Danny K. [D-IL-7]

    IL • D

    Sponsored 5/7/2026

  • Rep. Sewell, Terri A. [D-AL-7]

    AL • D

    Sponsored 5/7/2026

  • Rep. Beatty, Joyce [D-OH-3]

    OH • D

    Sponsored 5/13/2026

  • Rep. Jackson, Jonathan L. [D-IL-1]

    IL • D

    Sponsored 5/13/2026

  • Rep. Titus, Dina [D-NV-1]

    NV • D

    Sponsored 5/13/2026

  • Rep. Espaillat, Adriano [D-NY-13]

    NY • D

    Sponsored 5/13/2026

  • Rep. Neguse, Joe [D-CO-2]

    CO • D

    Sponsored 5/13/2026

  • Rep. Menefee, Christian D. [D-TX-18]

    TX • D

    Sponsored 5/13/2026

  • Rep. Sykes, Emilia Strong [D-OH-13]

    OH • D

    Sponsored 5/13/2026

  • Rep. Randall, Emily [D-WA-6]

    WA • D

    Sponsored 5/19/2026

  • Rep. García, Jesús G. "Chuy" [D-IL-4]

    IL • D

    Sponsored 5/19/2026

  • Rep. Carson, André [D-IN-7]

    IN • D

    Sponsored 5/19/2026

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 7/16/2026

  • Rep. Watson Coleman, Bonnie [D-NJ-12]

    NJ • D

    Sponsored 9/1/2026

Roll Call Votes

No roll call votes available for this bill.

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