Under a new directive from the Biden administration, ICE will now avoid arresting or detaining individuals who are pregnant, postpartum or nursing.
to soften stringent immigration policies put in place by former President Donald Trump.
In 2017, Trump reversed an Obama administration guidance that directed ICE to try to release any pregnant woman in their custody. According to a conducted in 2019, Trump’s directive led ICE to detain 2,089 pregnant women and 381 nursing women in 2018—a 52 percent increase from the 1,380 pregnant people detained during the last year of the Obama administration.than the Obama-era policy: It not only applies to pregnant people, but also applies to those who are nursing and who have given birth within the last year.
“This action by the Biden administration is a welcome step in the right direction. This move brings us closer to more humane treatment by ICE of people who are pregnant, postpartum, or nursing,” said senior staff attorney with the National Prison Project of the American Civil Liberties Union, Eunice Cho.Biden’s new policy was not issued through legislation, but rather through executive order, as is the case for all of his immigration policies to date.
Use of restraints on pregnant individuals in ICE custody is largely prohibited, but selectively enforced. Despite many states instating
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