Hickenlooper, Senate Democrats Demand DHS Report Mistreatment of Pregnant Women in ICE Detention

WASHINGTON - U.S. Senator John Hickenlooper recently joined 28 of his Senate Democratic colleagues to call on Department of Homeland Security (DHS) Secretary Kristi Noem to stop Immigrations and Customs Enforcement (ICE) from detaining pregnant women, absent exceptional circumstances, and provide clear information about the number of pregnant women in its custody and their treatment in ICE detention.

"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 wrote.

"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."

The letter was prompted by the Trump administration's decision to stop providing reports to Congress on the number of pregnant, postpartum, and nursing women in their custody. The senators also expressed concern about the recent reportingon 911 calls recorded from ICE facilities involving pregnant women in "distress, bleeding or suffering severe pain" and a recent Senate oversight visit to the South Louisiana ICE Processing Center that found 14 pregnant women detained at the time of the visit, with many of them receiving little to no medical care.

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. The Trump administration failed to release data for 2025.

Hickenlooper has consistently pressed ICE to follow the laws, including due process and humane treatment of detainees. He recently conducted a congressional oversight visit of the GEO ICE facility in Aurora and raised concerns with ICE officials regarding delayed communication with congressional offices, irregular process changes, reports of ICE pressuring detainees to voluntarily depart instead of proceeding through a judicial process, and facility conditions.

He has also introduced the Immigration Enforcement Identification Act to increase transparency, accountability, and safety in immigration law enforcement. This bill prohibits law enforcement officers from obscuring their faces and requires that they clearly display their agency, name, and a unique identifier while conducting immigration enforcement functions. Recently, Hickenlooper joined 22 of his Senate colleagues to call out the Trump administration's recent efforts to arrest noncriminal immigrants at their immigration court hearings and deport them without adequate due process. In April, Hickenlooper joined 65 other members of Congress to urge Attorney General Pam Bondi to address the impact of the Executive Office for Immigration Review's (EOIR) alarming decision to fire key judges as the immigration system faces a staggering backlog of cases.

Hickenlooper's office and team of constituent advocates stand ready to help family members and detainees navigate the immigration system and address communication and process issues with ICE. Get in contact with our office athickenlooper.senate.gov.

Full text of the letter available HERE and below.

Secretary Noem:

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.

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. According to one media investigation, since January 2025, at least four 911 calls have been recorded from ICE detention facilities involving pregnant women in "distress, bleeding or suffering severe pain"- including one involving a facility staff member. A recent Senate Judiciary Committee staff visit to the South Louisiana ICE Processing Center in Basile, Louisiana revealed that 14 pregnant women-a shockingly large number-were detained at the time of the visit. Women reported receiving little to no medical care and insufficient nutrition; some reported having never been seen by a physician in the facility, despite efforts to get care. The report shares an anecdote of "a pregnant woman who had a miscarriage while detained and was allegedly still bleeding when she was deported."

Since the start of the Trump administration, accurate information about the number of pregnant women in ICE custody has been difficult to ascertain. Until this year, ICE provided semiannual reports to Congress on the number and treatment of pregnant, postpartum, and nursing women in immigration detention; however this previously required reporting has now ceased. Moreover, the effective closure of the Department of Homeland Security's (DHS) Office for Civil Rights and Civil Liberties and Office of the Immigration Detention Ombudsman means that there is little visibility and independent oversight of the treatment of vulnerable populations, including pregnant women. 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 detain pregnant, postpartum, or nursing individuals except under very limited circumstances. 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. ICE recently reaffirmed its commitment to the health and safety of detained pregnant women in the 2025 revisions to its National Detention Standards.

In response to our concerns that pregnant, postpartum, and nursing women may not be receiving necessary monitoring, health care, and treatment, we request answers to the following questions by September 26, 2025.

1. As of the date of receipt of this letter, how many women currently in ICE custody are known to be pregnant, postpartum, and nursing? Please provide totals for each category. How many of those women currently are in their third trimester of pregnancy? For the purposes of defining "postpartum," please use the number of women in the one-year period following the end of pregnancy.
   
   
2. Section 5.4 of the 2021 Pregnancy Directive requires that pregnant, postpartum, and nursing women receive weekly evaluations to determine whether continued detention is appropriate.
   
   1. What is the process for conducting these evaluations and what criteria are used? From January 1, 2025 to the date of receipt of this letter, how many pregnant, postpartum, and nursing women have been released pursuant to one of these screenings? Who is conducting these evaluations and are they reported to ICE headquarters? If yes, what office?
      
   2. From January 1, 2025 to the date of receipt of this letter, how many have remained in ICE custody? Of those pregnant women who received determinations to remain in custody, how many were in their third trimester?
      
      
3. Have any women given birth in ICE facilities from January 1, 2025 to the date of receipt of this letter, including both live and stillborn births? If so, how many live and stillborn births and in which facilities? In that same time frame, how many miscarriages have occurred?
   
   
4. All children born on U.S. soil, including at ICE detention facilities, are U.S. citizens. For any child born in ICE custody, what is the process for allowing their mothers to secure U.S. birth certificates and other vital documents? Have any women been deported before having an opportunity to seek and obtain a birth certificate for their child?
   
   
5. How many pregnant, postpartum, and nursing women have been deported since January 1, 2025? Please provide the monthly total.
   
   
6. Section 2 of the 2021 Pregnancy Directive requires that pregnant, postpartum, and nursing women be detained in facilities that are suitable for their physical and mental health needs.
   
   1. What ICE facilities currently detain pregnant, postpartum, and nursing women? Please provide a list by facility name and location.
      
      
   2. What are the criteria for determining if a facility is suitable for pregnant, postpartum, and nursing women? Of the pregnant, postpartum, and nursing women in ICE custody, how many were detained in facilities that have been deemed suitable according to these criteria from January 1, 2025 to the date of receipt of this letter? What ICE office determined those facilities were suitable and when was that determination made?
      
      
   3. How many women since January 1, 2025 have been transferred into a suitable facility once it is discovered that they are pregnant, postpartum, and nursing? How many of these transfers occurred because the woman was pregnant?
      
      
7. Since January 1, 2025, how many approved referrals for offsite obstetrics and gynecology services have been completed? How many inpatient hospitalizations related to active labor and birth for ICE detainees have occurred since January 1, 2025?
   
   
8. Please describe pregnant women's access to prenatal and postnatal health care in all ICE facilities that detain pregnant women, including routine medical examinations, treatment for pregnancy complications, and access to medical specialists such as OB/GYNs.
   
   
9. Please describe the provisions for ensuring safe labor and delivery, including an opportunity for mother and child to bond immediately after birth.
   
   
10. Current law (Section 528 of P.L. 118-47) and Section 2.3 of the 2021 Pregnancy Directive severely curtails the use of restraints on pregnant women at any time and prohibits them entirely during active labor and delivery. If restraints are used, documented medical approval is required. Since January 1, 2025, have any pregnant women been placed in restraints? If yes, how many and at which locations have restraints been used on pregnant women?
    
    
11. Please describe any provisions for ensuring that pregnant, postpartum, and nursing women have access to a diet that meets the U.S. government recommended dietary guidelines for pregnant, postpartum, and nursing women, which includes fruits, dairy products, vegetables, to support a healthy pregnancy and ensure their safety after birth.
    

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. We also request as a sign of your agency's commitment to the care of all individuals in your custody that you immediately resume semiannual reporting on Pregnant, Postpartum, and Lactating Individuals in Immigration Detention.

We look forward to receipt of this reporting and responses to our questions.

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