ICE Will Not Arrest Pregnant Or Nursing Mothers Under New Biden Administration Order
The Biden government ordered Immigration and Customs Enforcement (ICE) agents not to arrest undocumented women who are pregnant or breastfeeding , according to a July 1 memo signed by the agency's acting director Tae. Johnson.
The document held by The Hill also establishes new guidelines for the treatment of these women if they are taken into custody by the United States Government.
"At a general level, ICE must not detain, arrest or take into custody for an administrative violation of immigration laws pregnant, postpartum or breastfeeding women unless their release is prohibited by law or there are exceptional circumstances," Johnson wrote in the memo to agency officials.
This policy reverses a 2017 memorandum from then-President Donald Trump's Administration that removed language that established the absence of extraordinary circumstances and that pregnant women generally should not be detained.
Under the Trump era, authorities were required to test women in custody for pregnancy.
Jorge Loweree, American Immigration Counsel's policy director, applauded the new government guideline.
A "great" decision by the Biden Administration
“This new order is a great development and goes far beyond previous ICE policies regarding the treatment of pregnant people. Immigration detention has proven to be exceptionally damaging, and it is great to see the Administration directing ICE to take actions that have been necessary for years, "the spokesperson said.
According to the 2019 Government Accountability Report, ICE detained 2,098 pregnant women in 2018 , along with 381 lactating women. This represents a significant jump compared to the last year of the Barack Obama Administration, when 1,380 pregnant women were detained in ICE custody.
The new memo also instructs the immigration agency to collect data from anyone in ICE custody who falls into these categories. Additionally, it prohibits the use of restraints and confinement to women who are already in ICE centers.
The document also requires officers from that office to ask permission from a superior before issuing an arrest warrant to pregnant or lactating women .
Concerns about undocumented immigrants who have recently given birth in the United States led groups that advocate for the rights of this population to demand an explanation from Customs and Border Protection (CBP) for the expulsion of migrant mothers and their babies. in the United States, citizens of this country.
"The lawsuit seeks to uncover records related to a widely reported trend of deporting mothers and their newborn babies within hours of their discharge from hospitals and medical centers in the United States where the mothers gave birth," the plaintiffs said. by the Efe news agency.
"No mother should experience the horror of being moved across the border within days of giving birth," said Trina Realmuto, executive director of the National Alliance for Immigration Litigation.