U.S. Immigration and Customs Enforcement announced in a Thursday directive it will no longer automatically release into the interior of the country illegal immigrant women who are pregnant and will complete a case-by-case custody determination to determine if any other course of action should be taken.
“ICE has ended the presumption of release for all pregnant detainees. Instead, as with all detainees, absent the requirements of mandatory detention, ICE will complete a case-by-case custody determination taking any special factors into account. ICE detention facilities will continue to provide on-site prenatal care and education, as well as remote access to specialists for pregnant women who remain in custody,” the Department of Homeland Security agency said in a statement released Thursday afternoon.
The directive states ICE Enforcement and Removal Operations and Homeland Security Investigations officers should contact field directors and special agents in charge when a woman who says she is pregnant is taken into federal custody. The field medical coordinator will then be made aware of the individual and where she is being held.
ICE field directors must be notified of an illegal immigrant’s pregnancy within 72 hours of her informing officers or her medical condition.
The Obama administration had dictated ICE policy allow pregnant women who were found to be illegally residing in the U.S. should be released except for when “extraordinary circumstances” were found to be present.
ICE said the change falls in line with President Trump’s executive order that directed federal officials to fully carry out all immigration laws. Obama had advised ICE to practice substantial discretion when reviewing pregnancy cases.
The Obama administration pushed for immigration officers to release pregnant women except for in the case of extreme circumstances.
The move comes as the Trump administration pursues initiatives to be tougher on immigration than its predecessors.
“All custody determinations are now made on a case-by-case basis. This does not mean that all pregnant aliens will be detained; only those whose detention is necessary to effectuate removal, as well as those deemed a flight risk or danger to the community. Generally, absent extraordinary circumstances, ICE will not detain a pregnant alien during the third trimester of pregnancy.
The agency also vowed to provide ICE ensures access to comprehensive counseling and assistance, postpartum follow up, lactation services and abortion services.
This new policy will also apply to pregnant detainees who have requested asylum.
