The Center for Reproductive Rights filed two Freedom of Information Act (FOIA) requests seeking information following extremely concerning reports about the treatment of pregnant, postpartum and nursing people detained by Immigration and Customs Enforcement (ICE) or the Department of Health and Human Services (HHS).
“What we’re hearing from pregnant and postpartum women in ICE custody is shocking,” said Rachana Desai Martin, Chief U.S. Program Officer at the Center for Reproductive Rights. “They are shackled to beds, denied wanted prenatal care, and left alone to miscarry. Pregnant teenagers, including survivors of sexual assault, are deliberately trapped in places where they can’t access an abortion if they want one. Nursing mothers are ripped from their children and deported. This is inhumane. We deserve answers.”
In Trump’s first year back in office, more than 1,000 credible reports of rights abuses in immigration detention centers have been identified. Among these are multiple stories of mistreatment and neglect of pregnant, postpartum, and nursing people:
- Angie Rodriguez discovered she was pregnant after being detained by ICE. She was not given adequate nutrition, offered prenatal educational materials, or even allowed to keep the ultrasound images that confirmed her pregnancy. Angie miscarried about a month after being detained.
- A pregnant women bled for days before she was taken to a hospital—where she was left alone in a room without water or medical assistance for over 24 hours while she miscarried. Another, repeatedly requesting medical assistance, was told to “just drink water” rather than receiving an exam.
- A mother of two was forced to use her hands to massage breastmilk because the jail where she was detained did not have a pump. Her son, from whom she was separated, is allergic to other forms of milk – this was the only way she could continue to feed him.
- Neysis Mariena, six months pregnant with twins, was shackled to a bed when she started having contractions. Another woman, Marie, was put in solitary confinement for days. ICE agents “didn’t believe” she was pregnant.
- When ICE detained Heidy Sánchez, her daughter was breastfeeding in her arms. Sánchez was handcuffed; agents took her daughter, a citizen, away. Two days later, she was deported to Cuba. She hasn’t seen her baby in eight months.
- Pregnant teenagers, some of whom are victims of sexual assault, are reportedly being moved from other states to Texas, where they would be unable to access abortion care if they wanted it. These are considered high-risk pregnancies – some of the girls are as young as 13.
These reports suggest the Trump Administration is ignoring federal policy. A 2021 policy restricts ICE from detaining pregnant, postpartum, and nursing people absent “extreme circumstances.” Customs and Border Protection is required to provide medical assessments, specialized care, and, if necessary, 24-hour care and proper nutrition to immigrants who are pregnant, postpartum or nursing.
Federal guidance also requires unaccompanied pregnant minors to be placed in states where they can access abortion care, should they request it. It’s unclear whether the pregnant teens being detained in Texas have access to any pregnancy care at all – whether that’s prenatal care or abortion.
The Center has asked the Department of Homeland Security, which houses ICE, for any records pertaining to the detainment, treatment, and care (or lack thereof) of pregnant, postpartum, and nursing people. It is also asking HHS to provide any information about detained pregnant minors’ ability to access reproductive care, and the decision to keep them in Texas.
Congress has the power and responsibility to conduct oversight, bear witness, and demand transparency. The Center is asking lawmakers to visit ICE detention centers and investigate how pregnant women—and others in custody—are being treated.
