Warren, Booker, Colleagues Question ICE on Policy Allowing Increased Detention of Pregnant Women
Reports of Mistreatment and Miscarriages in ICE Facilities; 506 Pregnant Women Detained Since December 2017
Washington, DC - United States Senators Elizabeth Warren
(D-Mass.), Cory Booker (D-N.J.), Catherine Cortez Masto (D-Nev.), Kamala Harris
(D-Calif.), and Dick Durbin (D-Ill.) today sent a letter to Deputy Director of
Immigration and Customs Enforcement (ICE) Thomas Homan, requesting information
on a recent policy change allowing for the increased detention of pregnant
women in ICE detention facilities, citing recent reports of mistreatment of
pregnant women in ICE custody. The senators asked Deputy Director Homan to
clarify the steps ICE is taking to ensure that pregnant women are not held in
immigration detention except in extraordinary cases and that pregnant women in
ICE detention are treated with dignity and provided prompt and appropriate
medical care.
Because immigrant detention centers are ill-equipped to address the unique
needs of pregnant women, in 2016 ICE implemented a policy of presumptive
release for pregnant women absent extraordinary circumstances. Despite reports
of the mistreatment of pregnant ICE detainees in 2017, as well as the DHS
Inspector General's identification of significant health-related issues in
several ICE detention facilities, Deputy Director Homan issued a directive in
December 2017 officially reversing the policy.
"In light of reports that ICE has failed to provide critical medical care
to pregnant women in immigration detention-resulting in miscarriages and other
negative health outcomes - this policy change is particularly alarming," wrote
the senators. "This new policy jeopardizes the health and
wellbeing of an exceptionally vulnerable group of people-many of whom are
fleeing sexual and physical violence, or experience it as they travel to the
United States."
The new directive allows ICE to determine whether to detain or release pregnant
women on a case-by-case basis, which could increase the detention of pregnant
women. The directive also eliminates specific policies that help ensure
pregnant women in immigration detention are timely and properly identified and
provided with appropriate care.
The senators have been leading the charge to change the way women are treated
in prisons and detention facilities. Last July, Senators Warren, Booker, Durbin
and Harris introduced
the Dignity for Incarcerated Women Act to reform how the federal prison system
treats incarcerated women and to better prepare incarcerated women to return to
their communities.
The senators asked Deputy Director Homan several questions to clarify ICE's
current policy regarding detention of pregnant women by no later than April 19,
2018.
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