Cortez Masto, Senate Democrats Demand Information from DHS on Mistreatment of Pregnant Women in ICE Detention

Las Vegas, Nev. - U.S. Senator Catherine Cortez Masto (D-Nev.) joined Senators Patty Murray (D-Wash.), Richard Blumenthal (D-Conn.) and 26 of her Democratic Senate colleagues in expressing grave concerns about the prevalence and treatment of pregnant women in Immigration and Customs Enforcement (ICE) detention. In their letter to U.S. Department of Homeland Security (DHS) Secretary Kristi Noem, the lawmakers urgently requested that ICE stop detaining pregnant women absent exceptional circumstances, and asked DHS to provide information about the number of pregnant women in its custody and their treatment in ICE detention.

A Government Accountability Office (GAO) study published in 2020 found that between 2016 and 2018, ICE detained pregnant women over 4,600 times. As Congress increased its oversight into the detention of pregnant women, that number dropped to just 158 pregnant, postpartum, and nursing women detained in the first half of Fiscal Year 2024. After President Trump took office this year, the Administration stopped providing reports to Congress on the number of pregnant, postpartum, and nursing women in their custody.

"We write to express grave concerns about the prevalence and treatment of pregnant, postpartum, and nursing women in Immigration and Customs Enforcement (ICE) detention. A recent Senate Judiciary Committee site visit and media reports point to the alarming detention of a significant number of pregnant women in ICE custody. We urgently request that ICE cease detaining pregnant, postpartum, and nursing women absent exceptional circumstances and that the agency provide information about the number and treatment of pregnant, postpartum, and nursing women in its custody," the Senators wrote.

In their letter, the senators referenced reporting on 911 calls recorded from ICE facilities involving pregnant women in "distress, bleeding or suffering severe pain," as well as a recent Senate Judiciary Committee staff visit to the South Louisiana ICE Processing Center in Basile, LA that found 14 pregnant women detained at the time of the visit, with many of them receiving little to no medical care.

"Medical research links ICE detention to high rates of pregnancy complications, with physicians finding serious risks to both fetal and maternal health. These already serious risks are heightened by the deteriorating conditions inside detention facilities, including severe overcrowding, reports of inadequate food and water, and lack of emergency medical care," the Senators continued. "At this time, we do not know how many pregnant women are in ICE custody, whether U.S. citizen babies have been born in ICE custody, and what provisions have been made for mothers' and children's health, safety, and wellbeing."

"ICE's own standards are unambiguous on the detention, monitoring, and treatment of pregnant, postpartum, and nursing women in detention. ICE Directive 11032.4, Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals (2021 Pregnancy Directive), states that ICE should not detainpregnant, postpartum, or nursing individuals except under very limited circumstances," the Senators wrote. "If detention of these individuals is deemed absolutely necessary, the directive provides detailed requirements for ensuring that they are monitored closely, kept in suitable facilities, and given access to both routine and emergency health care… Given the urgent nature of pregnant women's health and safety needs, we request that you ensure all detention facilities are in full compliance with current law and the 2021 Pregnancy Directive."

Read the full letter here.

The first and only Latina senator, Senator Cortez Masto has consistently supported immigrant communities in Nevada, calling on both the Biden and Trump administrations to protect DACA recipients, TPS holders and other immigrants, as well as leading commonsense legislation to fix our broken immigration system. She has worked to pass meaningful immigration reform that balances critical border security measures with a path to citizenship for Dreamers, TPS holders, and essential workers.

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