Stop Shackling and Detaining Pregnant Women Act

This bill aims to ensure the humane treatment of pregnant and postpartum women in immigration detention by establishing a presumption of release and prohibiting shackling and other inhumane treatment. It applies to noncitizens detained under immigration authority by federal, state, or local law enforcement.

Sec. 2, Definitions: Defines key terms including 'detained noncitizen,' 'facility,' 'postpartum' (one year or longer as determined by a health provider), and 'restraint' (lists specific devices like handcuffs, leg irons, belly chains, but excludes medical restraints).

Sec. 3, Limitation on detention of pregnant women and mothers of newborns: Requires pregnancy testing during initial medical screening. Creates a presumption of release: the Secretary generally may not detain or arrest a known pregnant, lactating, or postpartum individual, and must immediately release any detained noncitizen found to be pregnant. Exceptions allow detention only in extraordinary circumstances where the individual poses an immediate serious risk of harm and no alternative program can mitigate the threat. For removal of a pregnant individual under a final order, detention is limited to temporary housing for up to 5 days. Requires weekly individualized review of any detained pregnant noncitizen, with release within 24 hours if no longer subject to detention.

Sec. 4, Humane treatment of pregnant detained noncitizens while in detention and custody: Prohibits restraints on known pregnant, lactating, or postpartum noncitizens in DHS custody, including during transport. Exceptions only in extraordinary circumstances with an individualized determination of immediate serious harm risk or immediate credible escape risk that cannot be otherwise minimized. Requires use of the least restrictive restraint; health professional can request removal; prohibits leg, waist, or 4-point restraints, binding hands behind back, face-down or back positioning, and any restraint during labor or delivery. Requires written record of any restraint use within 5 days, kept on file for 5 years and made publicly available with redactions. Prohibits nonmedical staff from being present during pelvic/breast exams, labor, delivery, or pregnancy symptom treatment unless requested by medical personnel, and then only for the required duration. Requires access to health care services including prenatal care, labor and delivery, postpartum care, lactation services, family planning, and abortion services. Requires informed consent before any service; no medical treatment against the noncitizen's will. Requires each facility to maintain an arrangement with the nearest maternity hospital and a policy for proper care if immediate transfer is not possible.

Sec. 5, Notice of rights and training: Requires the Secretary to provide each detained noncitizen notice of their rights under this Act in a language or manner they can understand. Requires training for DHS employees involved in detention or care of pregnant or postpartum detainees at hiring and annually.

Sec. 6, Reports; rulemaking: Requires facility administrators to submit quarterly reports to the Secretary detailing each use of restraint, number of pregnant detainees, releases, average detention length, and pregnancy outcomes. Requires the Secretary to audit these reports annually, submit a summary to Congress, and issue regulations setting minimum medical care standards. Prohibits reports from containing individually identifying information. Requires public posting of reports on agency websites, but not the facility administrator's name. Requires the Secretary to adopt regulations or policies to implement the Act at all DHS detention facilities.