NAACP Applauds Introduction of Updated Pregnant Women in Custody Act

Revised legislation extends safeguards to ICE, CBP, and ORR facilities

WASHINGTON - NAACP applauds the Pregnant Women in Custody Act, reintroduced by Rep. Sydney Kamlager-Dove (CA-37), which establishes care standards for pregnant and postpartum women in federal custody. This updated version builds upon the bipartisan bill passed by the House in the 117th Congress by expanding coverage across agencies, elevating healthcare and safety standards, and creating enforceable mechanisms to ensure accountability.

Following recent reports of pregnant women being shackled, denied medical care, and miscarrying in immigration detention centers, the updated Pregnant Women in Custody Act extends protections beyond the Bureau of Prisons and U.S. Marshals Service to include pregnant and postpartum women in the custody of U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement (ORR). The bill also adds new requirements for access to health care, mental health and substance use treatment, high-risk pregnancy care, family unity, data transparency, and limits on unsafe practices.

"Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies. For the Black women who represent 20 percent of pregnant women taken into custody - already disproportionately impacted by incarceration and maternal health disparities - the consequences are especially severe. The reintroduction of the Pregnant Women in Custody Act is a critical step toward ending harmful practices like shackling during pregnancy, improving maternal healthcare in custody, and addressing the racial inequities that continue to endanger Black mothers and families," said Patrice Willoughby, NAACP Chief of Policy and Legislative Affairs.

"Proper pregnancy care is a human right, regardless of your immigration or incarceration status. Yet far too often, we hear devastating stories about expectant mothers who have been neglected, abused, and forgotten by the system," said Rep. Kamlager-Dove. "I'm proud to reintroduce this bill that meets the moment by expanding protections to include pregnant and postpartum women in immigration detention, while strengthening maternal care for all women in federal facilities. It's unacceptable that there are virtually no legal safeguards for pregnant women in federal custody, and this bill aims to right that wrong by ensuring healthier, safer futures for mothers and babies."

"No one should face pregnancy and childbirth without access to proper medical care or under conditions that put their health, safety, and dignity at risk. The Pregnant Women in Custody Act is a necessary and long-overdue reform that prioritizes humane treatment, protects maternal health, and strengthens the bond between mothers and their newborns," said Aiden Cotter, Director of Federal Advocacy, Vera Institute of Justice. "Pregnancy should be a time of care and support - not uncertainty and risk. This legislation acknowledges the realities faced by pregnant women in custody and takes meaningful steps to ensure they are treated with dignity during one of the most vulnerable moments of their lives."

Specifically, the updated Pregnant Women in Custody Act:

• Expands coverage across federal agencies;

• Addresses the pregnancy and childbirth-related needs of incarcerated women;

• Establishes protections against restrictive housing and restraints;

• Improves health-related data collection practices;

• Provides training and technical assistance; and

• Strengthens oversight and enforcement.

While there is very little data on the number of pregnant women in custody, a 2021 report estimated 58,000 admissions of pregnant women into jails and prisons every year. An investigation published by NBC News and Bloomberg Law last year found at least 54 pregnant women or families alleged severe mistreatment or medical neglect in county jails from 2017 to 2024.

An estimated 20 percent of pregnant women in the custody of state and federal correctional authorities were Black. Black women face intersecting racial, gender, and maternal health inequities within the criminal legal system. They are disproportionately incarcerated, more likely to experience severe pregnancy complications, and more likely to face family separation and inadequate healthcare while in custody. This inhumane treatment endangers maternal and infant health, violates basic human dignity, and disproportionately harms Black women and other communities of color already impacted by systemic inequities within the criminal legal system. We must end the inhumane practice of shackling women during pregnancy.

The Pregnant Women in Custody Act is cosponsored by Reps. Henry Johnson, Eleanor Holmes Norton, Julia Brownley, Lateefah Simon, Delia C. Ramirez, Danny K. Davis, Terri Sewell, and endorsed by the NAACP, Association of Maternal & Child Health Programs, Families Against Mandatory Minimums Foundation, Reproductive Freedom Caucus, and Vera Institute for Justice.

Bill text of the Pregnant Women in Custody Act is available here.

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund - also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.