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HR 4664

Recognizing Wear Red Day.

2023-2024 Regular Session Introduced by Jacquelin Maycumber

Presumes release for pregnant, lactating, and postpartum detainees; bans routine shackling and requires weekly, individualized reviews to justify any detention.

Adopted.
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WeVote Research Nonpartisan
Bill Summary · HR 4664

Summary — H.R. 4664: "Stop Shackling and Detaining Pregnant Women Act"

Status: Introduced in House (119th Congress) — Referred to House Committee on the Judiciary on July 23, 2025. Primary sponsor: Rep. Sylvia R. Garcia. Numerous cosponsors; companion bill S. 916 filed in the Senate.

Purpose

To safeguard the humane treatment of pregnant, lactating, and postpartum noncitizens detained under U.S. immigration law by establishing a presumption of release, restricting detention and use of physical restraints, and creating procedural safeguards and oversight.

Key provisions

  • Definitions: Establishes terms used in the Act (e.g., “detained noncitizen,” “facility,” “postpartum,” “restraint” — listing many common shackling devices and excluding medical restraints).
  • Pregnancy testing at intake: Requires the Secretary of Homeland Security to provide access to pregnancy testing during initial medical screening for every individual processed into custody.
  • Presumption of release: Prohibits detention, arrest, or taking into custody of individuals known to be pregnant, lactating, or postpartum while a removal decision is pending. The Secretary must immediately release any detained person found to be pregnant, subject to narrow exceptions.
  • Narrow detention exceptions: Detention is permitted only under “extraordinary circumstances” with an individualized determination that:
    • The person poses an immediate and serious risk of physical harm to others; and
    • Alternatives to detention cannot mitigate the public-safety risk; and
    • Detention is the only available means to mitigate that risk.
  • Temporary detention for removal: If detention is the only means to effectuate removal for a pregnant person with a final order, detention may be used only in temporary housing immediately preceding removal for the shorter of the shortest practicable period or up to 5 days.
  • Regular review and prompt release: Requires individualized reviews of detained pregnant/lactating/postpartum noncitizens at least weekly; each review must be completed promptly (bill text requires completion within 72 hours of initiation) and includes a requirement for timely release when detention is no longer justified (text indicates a 24‑hour release window after determination).
  • Restraint prohibition/limits: Defines “restraint” broadly (handcuffs, leg irons, belly chains, tether chains, shields, etc.) and distinguishes them from medical restraints. The bill’s title and preamble indicate prohibitions on shackling, restraining, and other inhumane treatment of pregnant/postpartum persons (full enforcement language appears in later sections of the bill text).

Who is affected

  • Primary subjects: Noncitizen adults and juveniles detained under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including persons held by DHS (ICE, CBP) and facilities operated by or under contract with federal, state, or local agencies.
  • Implementing entities: Department of Homeland Security (including ICE and CBP), facility administrators, detention officers, and any contracted detention providers.
  • Oversight: The bill references notification/engagement with specified Congressional committees (Homeland Security, Judiciary, Appropriations in both chambers).

Potential impacts

  • Reduces routine detention of pregnant, lactating, and postpartum noncitizens and limits use of restraints, likely increasing releases and reliance on alternatives to detention.
  • Operational impact on DHS/ICE/CBP and private detention contractors (procedural changes, screening, alternative-to-detention program use, tracking weekly reviews).
  • Public‑health and human‑rights protections for pregnant and postpartum detainees; narrowly preserved public‑safety exception means highest-risk cases may still be detainable after individualized findings.
  • Introduces additional oversight and reporting obligations for DHS and facility administrators.

Procedural/timeline notes

  • Introduced in the House on July 23, 2025; referred to the House Judiciary Committee.
  • Companion Senate bill S. 916 exists; progress may depend on committee action, floor consideration, and interchamber reconciliation.

If you want, I can produce a side-by-side comparison with current DHS/ICE detention policies, or extract likely operational changes DHS would need to implement.

Compiled from official sources — confirm details with the bill’s official record.

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