Date AnnouncedDec. 14, 2017
ICE issues a directive that it will no longer presume pregnant detainees are eligible for release. Instead, it will determine eligibility for release on a case-by-case basis. ICE will, however, generally not detain pregnant women in their third trimester. [ID #290]
See Biden administration action below.View Policy Document
Effective Date of ChangeDec. 14, 2017
Biden Administration ActionJuly 1, 2021
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On July 1, 2021, ICE issued a directive stating that it will not detain, arrest, or take into custody for an administrative violation individuals known to be pregnant, postpartum, or nursing, unless release is prohibited by law or exceptional circumstances.ICE Guidance for Pregnant Detainees
ICE Policy 11032.2 (August 2016) states that pregnant women should not be detained absent "extraordinary circumstances" or what ICE perceives as a requirement of mandatory detention.ICE: Identification and Monitoring of Pregnant Detainees