Original Date AnnouncedDecember 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
Effective DateDecember 14, 2017
Biden Administration Action: Revoked/ReplacedJuly 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
Trump-Era Policy Documents