S. 916 — Stop Shackling and Detaining Pregnant Women Act

This section defines 10 terms used in the Act, including "appropriate committees of Congress" (specified Senate and House committees), "Commissioner" (U.S. Customs and Border Protection Commissioner), "detained noncitizen" (any adult or juvenile detained by federal, state, or local agencies under the Immigration and Nationality Act), "detention officer," "Director" (U.S. Immigration and Customs Enforcement Director), "facility," "facility administrator," "postpartum" (at least one year following delivery, as determined by a health care provider), "restraint" (specified physical or mechanical devices used for custody, excluding medical restraints), and "Secretary" (of Homeland Security).

This section requires the Secretary of Homeland Security to provide pregnancy testing to every individual during initial medical screening upon processing into immigration custody. It establishes a presumption against detaining known pregnant, lactating, or postpartum noncitizens pending a removal decision—prohibiting their arrest, custody, or continued detention and requiring immediate release of any such detained individuals—except in extraordinary circumstances involving an individualized determination of immediate serious risk of physical harm to others that alternatives to detention cannot mitigate and where detention is the only means available. It further authorizes detention of a pregnant noncitizen subject to a final removal order solely to effectuate removal, limited to temporary housing for the shorter of the shortest period preceding removal or 5 days. For noncitizens detained under the exceptions, it requires weekly individualized reviews (completed within 72 hours of initiation) and release within 24 hours if detention is no longer warranted, including provision of complete medical records, medications, supplies, and communication with the noncitizen's attorney, sponsor, or post-release service provider.

This section prohibits restraints on noncitizens known to be pregnant (including during labor and delivery), lactating, or postpartum while in Department of Homeland Security (DHS) physical custody, including during transport, except in extraordinary circumstances posing an immediate risk of harm to others or escape; in such cases, facility administrators must order the least restrictive restraints after individualized assessment, with immediate removal upon medical request and bans on certain restraint types (e.g., leg, waist, 4-point, backhand, face-down, or any during labor/delivery). It requires written records of any restraint use, submitted to the ICE Director within five days and retained for at least five years at the facility (publicly available after redaction). This section bars nonmedical staff from rooms during a detained noncitizen's pelvic/breast exam, labor, delivery, or pregnancy-related treatment unless requested by medical personnel (of the noncitizen's gender preference if practicable, positioned to protect privacy); DHS employees must remain nearby if restraints are used. This section requires U.S. Immigration and Customs Enforcement (ICE) facilities to provide pregnant detained noncitizens comprehensive health services—including prenatal/postpartum care, nutrition, HIV testing/treatment, substance use disorder treatment, menstrual products, lactation services, family planning, contraceptives, and abortion—along with U.S. Customs and Border Protection (CBP) minimum care standards; all services require informed consent, with no forced treatment. This section directs facility administrators to maintain arrangements with the nearest maternity hospital (with staff knowledge for emergencies) and policies for care if transfer is not immediately possible.

This section requires the Secretary of Homeland Security to (1) provide each detained noncitizen with notice of their rights under this Act in a language or manner the noncitizen can understand; and (2) train, at hiring and annually thereafter, DHS employees involved in the detention or care of pregnant detained noncitizens or postpartum parents of detained newborns on requirements under this Act.

This section requires facility administrators of DHS detention facilities to submit quarterly reports to the Secretary of Homeland Security on pregnant noncitizens detained there, including each use of restraints during pregnancy, labor, or postpartum recovery (with type, justification, and approving administrator's name); numbers held and released; average and categorized lengths of detention (15-30 days and over 30 days); and pregnancy outcomes such as live births, stillbirths, miscarriages, abortions, ectopic pregnancies, maternal or neonatal deaths, or preterm births. It further requires the Secretary to conduct an annual audit of detention length data, submit an annual report to congressional committees summarizing all quarterly reports disaggregated by facility, and issue regulations setting minimum medical care standards for pregnant detainees based on national standards; all reports must omit individually identifying information, be publicly posted online (except facility administrator names for restraint approvals), and the Secretary must issue regulations or policies implementing the Act at DHS facilities.