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ICE ends presumption of release for pregnant detainees

  1. Date Announced

    Dec. 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
  2. Effective Date of Change

    Dec. 14, 2017
  3. Biden Administration Action

    July 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
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Detention
Agencies Affected: ICE

Prior Policies

Biden Administration Action

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