ICE Policy Outlines Rights and Preparations for Pregnant, Postpartum, and Nursing Individuals Facing Detention
U.S. Immigration and Customs Enforcement (ICE) has an internal policy regarding the detention of pregnant, postpartum, and nursing individuals, although federal law permits such detentions. The policy generally states that these individuals should not be detained unless there are 'exceptional circumstances' or mandatory detention is required by law, such as national security threats or risks of serious harm. Even when detained, ICE is required to review their cases weekly and track them. Federal regulations also allow for release for urgent humanitarian reasons or significant public benefit if medically certified as pregnant, provided they are not a danger and will appear for future appointments. Detained individuals have rights to medical care, including special diets, prenatal vitamins, lower bunks, and specialist appointments. They can request release through a parole application or, if denied, pursue a habeas corpus petition in federal court. The policy also addresses medical care during labor, post-bi...