*Kavya Chatterjee, NHeLP Summer 2026 Legal Intern
Since early 2025 when President Trump took office, the number of pregnant detainees has significantly increased in Immigration and Customs Enforcement (ICE) detention centers across the country. ICE policy specifies that pregnant individuals should not be detained except in “exceptional circumstances,” which are defined as existing if the individual poses national security concerns or an imminent risk of death, violence, or physical harm to any individual. Additionally, federal regulations require that individuals who are medically certified as pregnant when detained should be released on parole. However, many pregnant and post-pregnancy individuals continue to be held in ICE facilities, even when not meeting the “exceptional circumstances” definition. These exceptions may be applied arbitrarily since ICE has been given broad discretion to detain people without regulation or reason.
Despite these legal protections, ICE detention centers are regularly neglecting the health care needs of these individuals during and after their pregnancies. While in detention, pregnant people have experienced miscarriages, serious life-threatening pregnancy complications, malnutrition, illness, and overall medical distress.
Investigations conducted by Senator Ossoff (D-GA) have documented cases of delayed and denied medical care, as well as inadequate access to essential perinatal care. Pregnant and postpartum individuals report waiting for several weeks for medical appointments, being denied emergency care despite repeatedly reporting severe symptoms, being told to drink water instead of getting medical care, and experiencing miscarriages following lack of medical attention. Some individuals described miscarrying under heinous conditions, including in a room alone without medical assistance and only a bottle of water. The American Civil Liberties Union (ACLU) and other organizations also documented medical abuse and neglect that included invasive medical procedures without informed consent, denial of prenatal vitamins, solitary confinement during high risk pregnancy, and the use of shackles when detainees were actively miscarrying.
The 2025 ICE National Detention Standards recognize that pregnant and postpartum detainees have special medical and nutritional needs that require heightened, consistent care. The standards provide that pregnant detainees should receive close medical supervision following confirmation of pregnancy by a health care provider with access to prenatal specialized medical services and comprehensive counseling. Additionally, postpartum detainees are required to have access to postpartum and lactation care. The standards also acknowledge that pregnancy and postpartum may require additional nutritional and caloric intake. For those who are detained, ICE is responsible for providing adequate perinatal care.
Despite these standards, many ICE detention facilities are falling woefully short in providing an adequate level of care for pregnant and post-pregnancy people in immigration detention. As a result, pregnant individuals in immigration detention facilities are subject to conditions that violate their human rights and endanger their health. Individuals are facing pregnancy loss, stillbirths, and other severe health complications during and after detention.
Advocacy efforts such as the Detention Pregnancy Tracker, maintained by the Women’s Refuge Commission, play an important role in documenting the ongoing treatment of pregnant and postpartum detainees and holding ICE accountable. In addition, legal advocates are challenging unlawful detentions and advocating for access to adequate reproductive care for those in detention. We must continue the advocacy efforts to help protect the health care rights of detained individuals who are suffering from human rights abuses that shock the conscience and push for greater oversight of ICE detention facilities.
