ICE keeps detaining pregnant immigrants — against federal policy

October 20, 2025

The Biden administration's 2021 policy restricting ICE from detaining pregnant, postpartum, or nursing immigrants except in extreme circumstances appears to be routinely disregarded under the Trump administration, according to multiple lawsuits and advocate reports. Congress recently allowed a requirement to lapse that mandated biannual reporting on how many such immigrants are being detained, making it impossible to quantify the exact numbers. Medical professionals have raised serious concerns about detention conditions for pregnant immigrants, including inadequate nutrition, inconsistent medical care, and psychological stress that can threaten pregnancy outcomes.

Who is affected

Pregnant, postpartum, and nursing immigrant women in ICE custody
U.S. citizens who are pregnant and mistakenly detained (like Cary López Alvarado)
Infants and children of detained mothers, including nursing babies with specific medical needs
Families of detained pregnant women who experience separation and trauma
Immigrant women who have experienced miscarriages or pregnancy complications while in detention

What action is being taken

Twenty-nine Democratic senators have written to Homeland Security Secretary Kristi Noem requesting clarification on the number of pregnant detainees and available healthcare
The Women's Refugee Commission is seeking records from Homeland Security and has launched an independent tracker to collect information about pregnant detainees
Some detained women are filing lawsuits against the federal government, including Cary López Alvarado seeking $1 million and Angie Rodriguez
Lawyers are working to secure releases for some detainees, as in Antonia Aguilar Maldonano's case where her church paid a $10,000 bond

Why it matters

Detention conditions can heighten health risks for pregnant women, potentially contributing to complications and miscarriages
Medical professionals note that physical and psychological strain during detention threatens pregnancy health and increases risk of preterm birth
The lack of proper nutrition, inconsistent prenatal care, and stress can have lasting impacts on both mothers and babies
Children separated from their mothers experience trauma, as evidenced by Aguilar Maldonado's children who now follow her everywhere
Without public reporting requirements, there's no transparency about how many vulnerable pregnant women are being detained

What's next

No explicit next steps stated in the article

Read full article from source: The 19th