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ICE ends presumption of release for pregnant detainees

  1. Original Date Announced

    December 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]

    ICE Directive 11032.3: Identification and Monitoring of Pregnant Detainees
  2. Effective Date

    December 14, 2017
  3.  
  4. Biden Administration Action: Revoked/Replaced

    July 1, 2021

    ICE Guidance for Pregnant Detainees

    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.

    View Document

Current Status

Not in effect
July 1, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Detention
Agencies Affected: ICE

Pre Trump-Era Policies

  • August 15, 2016

    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.

    Go to article on ice.gov

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