Lawmakers should also ban the shackling of pregnant people in immigration custody under any circumstance. After another transfer, she could be placed in a facility governed by the 2000 National Detention Standards.
In addition to lacking consistent, quality standards, for those facilities that are required to follow ICE health standards, the agency has failed to enforce existing standards and penalize facilities that violate them. (April 30, 2019), available at, American Civil Liberties Union, “Alternatives to Immigration Detention: Less Costly and More Humane than Federal Lock-up” (Washington), available at, Women’s Refugee Commission, “Prison for Survivors: The Detention of Women Seeking Asylum in the United States” (New York: 2017), available at, TRAC Immigration, “Immigration and Customs Enforcement Detainees: ICE Data Snapshots, as of December 2018,” available at, Immigrant Legal Resource Center, “Immigration Relief Toolkit for Criminal Defenders” (San Francisco: 2018), available at, According to an August 2019 analysis from NPR, about 52 percent of immigrants detained by U.S. Immigration and Customs Enforcement are in detention facilities in remote rural areas. Reports showed solitary confinement used to segregate LGBTQ immigrants and those with disabilities.204 About one-third of the cases reviewed involved a person with a mental illness, and in more than 500 cases, a person was either placed in solitary confinement on suicide watch or placed on suicide watch as a result of the harm of solitary confinement.205. Although the allegations are being investigated, on September 15. Following her miscarriage, Teresa had serious complications, including heavy bleeding, weight loss, and headaches. Women were abused in areas of the facility not visible to security cameras and were told they would not be believed if they complained. All* Above All, “About the EACH Woman Act.”, Medicare for America Act of 2019, H.R. In order to serve the needs of women and girls in immigration detention, accurate and transparent data is needed about who they are, where they are detained, and what services they require. Interfering with immigrant women’s ability to determine their reproductive destinies—whether through eugenics and forced sterilization, the denial of abortion and maternal health services in detention, or the fact of immigration detention itself—is a denial of reproductive justice. Many women and children arrive at the Southern border fleeing violence by gangs, drug cartels, and abusers – only to be locked up in crowded and unsafe detention centers. Once they enter an immigration detention center, women and girls seeking health care such as preventive care, pain management, reproductive health care, and mental health care must contend with a patchwork of policies, understaffed medical teams, and often indifferent or abusive officials. It is well-understood that maternal stress and perinatal mood disorders can lead to negative health outcomes for both mothers and infants.84 Perinatal mood disorders, including maternal depression, are linked to hypertension, preeclampsia, and gestational diabetes, all risk factors for maternal mortality and morbidity.85 There is also a well-documented association between maternal stress and higher risk of preterm birth, although the reasons for this link are not entirely clear.86 Incarceration and fear over immigration status can be serious stressors for pregnant women.87 One study found that worry about deportation was associated with high blood pressure and risk for cardiovascular disease in women,88 and immigration detention has proved to be detrimental to mental health across numerous studies.89. Women and girls in immigration detention see their rights violated repeatedly, both through the baseline fact of their incarceration and through abuse, neglect, and the denial of comprehensive health care. 2016: 4.3. In their current form, immigration detention centers are not only incapable of providing adequate women’s health care, but they also inflict damage on the health of women and girls by denying services, neglecting medical needs, and creating new trauma. We urge our GRW community to call your elected representatives to voice your concern about human rights abuses against women and children in ICE detention.
Medical Care” (Washington: U.S. Department of Health and Human Services), available at, Office of Refugee Resettlement, “Children Entering the United States Unaccompanied: Section 3, 3.4,” available at, U.S. Immigration and Customs Enforcement, “ERO Custody Management Division: Authorized Dedicated/Non-Dedicated Facility List.”, Tidwell Cullen, “ICE Released Its Most Comprehensive Immigration Detention Data Yet. Some issues, such as the epidemic of sexual assault in immigration detention, are not given an exhaustive review, but the author provides a snapshot of the problem along with policy remedies. Women are particularly vulnerable to the use of segregation and its negative health effects, especially transgender women, women with disabilities, and women who have experienced sexual abuse in detention. Tara Tidwell Cullen, “ICE Released Its Most Comprehensive Immigration Detention Data Yet. In February 2019, multiple national media outlets, reported that over 4,500 children had reported sexual abuse, in ICE detention and immigrant youth “shelters” since 2015. The United Nations considers compulsory sterilization a, . Solitary confinement is particularly dangerous for those with existing mental illness and trauma, which is known to be widespread in immigration detention facilities.201 A study of state jail systems by the Vera Institute of Justice found that the damaging impacts of solitary confinement can be worse for women as a result of increased past experiences of trauma and abuse.202, In May 2019, The Intercept and the International Consortium of Investigative Journalists (ICIJ) published a review of more than 8,400 reports of solitary confinement in ICE custody from 2012 to 2017.203 More than half of the cases reviewed involved immigrants placed in solitary detention for more than 15 days, the absolute limit recommended by the United Nations. End the detention of immigrants who are particularly vulnerable to abuse, including LGBTQ immigrants and disabled immigrants, except in extraordinary circumstances, and invest in community-based alternatives to detention, Ensure that transgender women are housed according to their gender identity, End HHS’ religious exemptions to PREA that allow care to be denied to LGBTQ survivors of sexual abuse and those seeking comprehensive reproductive health services in ORR custody, Improve oversight and enforcement to prevent sexual assault and harassment in detention and hold perpetrators accountable, Primary care and general girls’ and women’s health care, including preventive care, menstrual health, and pain management, Comprehensive, nondirective reproductive health care and family planning, including contraceptives, abortion, testing and treatment for sexually transmitted infections, and maternal health care, Maternal health care that includes prenatal care, postpartum care, labor and delivery, and miscarriage management, Trauma-informed mental health care with a specific focus on women’s mental health needs, including the impact of gender-based violence, A complete list of facilities where women and girls are detained and the average length of stay in each facility, The number of women in immigration custody, disaggregated by facility, country of origin, age, LGBTQ identity, time in the United States, type of relief sought, and outcome of immigration case, The services women and girls received, if they have mental health needs, and pregnancy status and outcome, Eugene Scott, “Trump’s most insulting—and violent—language is often reserved for immigrants,”, American Civil Liberties Union and others, “Re: U.S. Immigration and Customs Enforcement’s Detention and Treatment of Pregnant Women,” November 13, 2017, available at, SisterSong, “Reproductive Justice,” available at, Dignity for Detained Immigrants Act of 2019, S. 1243, 116th Cong., 1st sess. A March 2017 memo from Kenneth Tota, then-acting director of ORR, adds that facilities “are prohibited from taking any action that facilitates an abortion without direction and approval from the Director of ORR.”140, In October 2017, the American Civil Liberties Union filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of a pregnant minor, Jane Doe, who was in ORR custody in Texas and denied abortion care.141 The court granted a temporary order blocking the government’s interference. Lawmakers and federal agencies must enforce the constitutionally protected right to access abortion, including in immigration custody, and put an end to illegal interference in access to comprehensive reproductive health care, particularly for minors. Marshals Service (USMS), although this number increased with the implementation of the Trump administration’s zero tolerance policy and the humanitarian crisis at the southwest border.16 Moreover, women and girls may spend time in the custody of more than one of these agencies throughout their immigration proceedings, depending on the circumstances of their detention and arrival in the United States. who had not been properly vetted with background checks at the now-shuttered Homestead Shelter, where migrant children were detained in Miami. In February 2019, multiple national media outlets reported that over 4,500 children had reported sexual abuse in ICE detention and immigrant youth “shelters” since 2015.
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