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Original Date Announced
October 20, 202519th News reports that the Trump administration has been detaining pregnant, postpartum, and nursing immigrants, which violates federal rules. "A Biden-era policy," which President Trump has not rescinded, "restricts ICE from arresting or detaining immigrants who are pregnant, postpartum or nursing, except in extreme circumstances." The exact number of detained individuals is unknown as Congress allowed a requirement of bi-yearly reports of the count and justification for any such detentions to lapse in March 2025.
2025.10.20 Reported: ICE detaining pregnant, postpartum, and nursing people in violation of federal policy - 19th NewsCurrent Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: DetentionAgencies Affected: ICEAssociated or Derivative Policies
- December 14, 2017 ICE ends presumption of release for pregnant detainees
- May 5, 2025 CBP Acting Commissioner rescinds "legacy policies" on care and custody
Pre Trump-Era Policies
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July 1, 2021
Acting ICE Director Tae Johnson issued a memorandum stating that "[g]enerally, ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing unless release is prohibited by law or exceptional circumstances apply."
2021.07.01 ICE Directive 11032.4 - Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals
Documents
Trump-Era Policy Documents
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Commentary
2025.10.22 ACLU et al. - Letter on ICE's Detention of Pregnant Individuals
Civil rights groups, including the ACLU, National Immigration Project, and Robert F. Kennedy Human Rights, report that pregnant women in ICE custody have faced severe medical neglect and abuse, including miscarriages, shackling, solitary confinement, and denial of prenatal care. In a letter to ICE and Senate committees, the groups said officers have detained pregnant individuals despite knowing their condition, violating agency policy. Some were reportedly arrested after domestic disputes, a practice that puts survivors of violence at greater risk of harm.
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