According to the July 1 directive which was announced Friday, U.S. Immigration and Customs Enforcement will not detain, arrest or take into custody women who are pregnant, nursing or have given birth in the past year unless “release is prohibited by law or exceptional circumstances exist.” The rule also applies to post-partum women who have given birth within the last year. This is a reversal of the previous administration's rule (article available here).
The new directive also puts in place restrictions on the use of restraints for women who are pregnant or in post-delivery recuperation and prohibits the use of restraints on women who are in active labor or delivery.
Officials will be required to evaluate those who are already in custody “to determine if continued detention is appropriate.” However, the policy does not stop ICE from initiating deportation proceedings against pregnant or nursing women.
A 2019 report by the Government Accountability Office found that detentions of pregnant migrants increased by 52% between 2016 and 2018, with a total of 1,380 detentions of pregnant women in 2016 and 2,098 detentions in 2018. An overwhelming majority of the detainees had no prior recorded criminal history.