Federal agents detain a nine-month pregnant women after exiting a court hearing in immigration court on September 11, 2025 in New York City.Michael Nigro/AP
As Mother’s Day approaches, a group of senators are raising the alarm about the “appalling and horrific treatment” of pregnant and nursing people in immigration detention. On Thursday, Sens. Richard Blumenthal (D-Conn.), Mazie K. Hirono (D-Hawaii), and Jon Ossoff (D-Ga.) wrote to Secretary of Homeland Security Markwayne Mullin demanding information about the treatment of this vulnerable group, and urging the agency to release pregnant women from Immigration and Customs Enforcement custody.
“There are virtually no legal safeguards for pregnant women in federal custody.”
Their letter comes on the heels of new legislation introduced this week by Rep. Sydney Kamlager-Dove (D-Calif.) that would establish care standards for federally incarcerated pregnant people—including those jailed in ICE and Customs and Border Protection facilities. The bill builds on one that the House already passed in 2022, which only applied to those in Bureau of Prison’s custody.
It’s hard to know how many pregnant people are in federal custody, and what percentage of those are immigrants. In 2023, more than 700 incarcerated mothers gave birth in prison, according to the Prison Policy Initiative. Between January 1, 2025, and February 16, 2026, 363 pregnant, postpartum and nursing immigrants were deported, according to the Department of Homeland Security. Sixteen miscarriages were recorded during those six weeks. As of March, there were an estimated 126 pregnant women still being held in detention, according to the senators’ letter.
The care those who are pregnant in detention receive—or don’t receive—varies widely depending on the state they’re in, or even the individual facility. Federal guidelines are sparse: There are no federal rules on prenatal nutrition for incarcerated mothers, and some facilities still reportedly shackle pregnant inmates, even around their bellies. Some mothers are separated from their newborns only moments after birth. These practices can put mothers’ lives in danger, and can lead to miscarriages, psychological, and physical trauma.
Kamlager-Dove’s Pregnant Women In Custody Act would mandate adequate prenatal healthcare in federal prisons, jails, and ICE detention centers. It would prohibit the use of shackles during labor, and improve health-related data collection in federal facilities.
“It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody, and this bill aims to right that wrong by ensuring healthier, safer futures for mothers and babies,” Rep. Kamlager-Dove wrote in a statement.
The senators who wrote to Secretary Mullin about the issue also wrote to two private contractors—Acquisition Logistics, LLC and Amentum Services, Inc.—which contracted with DHS to operate Camp East Montana, an ICE detention facility in El Paso, Texas. As the New York Times reported in March, there is no doctor onsite at that facility, yet pregnant women are held there. “When one experienced vaginal bleeding and requested medical care she was reportedly given only water, prenatal vitamins, and a temperature check,” the senators wrote.
“We write today with deep concern about the callous indifference with which this Administration appears to be mistreating this extremely vulnerable population,” they wrote in their letter to Mullin, adding: “We urge you to immediately resume the commonsense practice of presumption of release of pregnant women from ICE custody.”