S.916 - Stop Shackling and Detaining Pregnant Women Act (119th Congress)
Summary
S.916, the Stop Shackling and Detaining Pregnant Women Act, seeks to ensure humane treatment of pregnant and postpartum detained noncitizens. It aims to limit detention and prohibit the use of restraints on pregnant, lactating, or postpartum individuals in the custody of the Department of Homeland Security.
The bill mandates access to pregnancy testing upon intake and establishes a presumption of release for pregnant, lactating, or postpartum individuals. Exceptions are allowed only under extraordinary circumstances where the individual poses an immediate and serious risk of physical harm to others, and alternative detention programs are insufficient.
The Act also outlines specific requirements for medical care, informed consent, and reporting procedures. It mandates training for DHS employees and regular reporting on the treatment of pregnant detained noncitizens.
Expected Effects
If enacted, this bill would significantly reduce the detention of pregnant, lactating, and postpartum noncitizens. It would also change the standards of care for those who remain in detention.
Specifically, it would limit the use of restraints and ensure access to comprehensive healthcare services. The reporting requirements would increase transparency and accountability in the treatment of this vulnerable population.
Potential Benefits
- Reduced trauma and improved health outcomes for pregnant, lactating, and postpartum detained noncitizens.
- Increased transparency and accountability in detention facilities through mandatory reporting requirements.
- Alignment with international human rights standards regarding the treatment of pregnant detainees.
- Improved access to necessary medical care, including reproductive health services, for detained noncitizens.
- Potential reduction in legal challenges related to the treatment of pregnant detainees.
Potential Disadvantages
- Potential for increased administrative burden and costs associated with implementing the new requirements.
- Possible challenges in determining and documenting "extraordinary circumstances" justifying detention.
- Concerns from law enforcement regarding potential risks to public safety if certain individuals are released.
- Potential for increased strain on alternative to detention programs.
- Risk of inconsistent application of the law across different detention facilities.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's focus on humane treatment aligns with the Constitution's emphasis on due process and equal protection under the law, particularly the Fifth and Fourteenth Amendments. While the Constitution does not explicitly address the treatment of pregnant detainees, the principles of human dignity and the prohibition of cruel and unusual punishment (Eighth Amendment) support the bill's objectives. The bill also respects the balance of power between the legislative and executive branches, as it sets parameters for detention policies while allowing for executive discretion in extraordinary circumstances.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).