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H.R. 4664: Stop Shackling and Detaining Pregnant Women Act

This bill, known as the Stop Shackling and Detaining Pregnant Women Act, aims to ensure the humane treatment of pregnant and postpartum women who are in custody, particularly those detained by U.S. immigration authorities. Below are the main provisions of the bill:

Access to Pregnancy Testing

Every individual entering custody will be given access to pregnancy testing during their initial medical evaluation.

Presumption of Release

The bill establishes a general presumption against detaining pregnant, lactating, or postpartum individuals. Specifically:

Individuals known to be pregnant or within one year postpartum cannot be arrested or detained pending removal decisions unless under exceptional circumstances.
Those found to be pregnant must be released immediately from detention.

Exceptions for Detention

Pregnant or postpartum individuals may be detained only under extraordinary circumstances, which must show that the individual poses a serious risk of physical harm to others. In these exceptional cases, the individual’s detention must be reassessed every week.

Prohibited Restraints

Detained individuals who are known to be pregnant, in labor, or postpartum cannot be subjected to physical restraints, with specific limited exceptions based on the individual's behavior and health circumstances. The use of restraints like handcuffs or leg irons is strictly prohibited during pregnancy and postpartum care.

Access to Healthcare

Detained noncitizens must have access to comprehensive healthcare services, including:

Routine and specialized prenatal care
Labor and delivery assistance
Postpartum care
Reproductive health services such as family planning and abortion services

Humane Treatment During Custody

The bill emphasizes that nonmedical staff should not be present during sensitive medical procedures concerning detained individuals unless required for specific medical needs, and it affirms the patient's rights to privacy and informed consent.

Reporting and Accountability

Detention facilities must report instances of restraint use and maintain records of health care provided to detained individuals. Each facility must audit these reports and ensure compliance with national standards for treatment and care.

Training Requirements

Employees in contact with detained individuals must be trained on the provisions of this act during their hiring process and annually thereafter.

Notice of Rights

All detained noncitizens must be informed of their rights under this act in a manner they can understand.

Regulations and Rulemaking

The Secretary of Homeland Security is tasked with developing rules and regulations to ensure adherence to the aforementioned standards and rights at all detention facilities.