ICE Director Issues Memo Regarding Pregnant Women

ICE (Immigration and Customs Enforcement) is one of the branches of DHS (Department of Homeland Security) in charge of enforcing immigration law both at the borders and within the US. Among many other things, ICE is in charge of conducting investigations and operations to detain undocumented immigrants, especially if there might be a risk for the local population, as well as overseeing immigration detention centers across the country and completing deportation proceedings.

ICE policies tend to change regularly, especially when there is a change of administrations. This is because each government has a stance on immigration, primarily when it comes to undocumented immigrants and immigration law enforcement. For instance, since President Joe Biden took office at the end of January 2021, several immigration policies have changed, as well as certain protocols for entities such as ICE.

In fact, on Friday, July 9, ICE issued a statement establishing new guidelines involving undocumented immigrant women who are pregnant.

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What does the new policy outline?

Broadly speaking, ICE officers will no longer detain pregnant, nursing and postpartum women, who are undocumented and would normally face deportation proceedings, except in certain specific scenarios and exceptional circumstances.

Regarding this policy change, ICE’s Acting Director stated that “Given the unique needs of this population, we will not detain individuals known to be pregnant, postpartum or nursing (…) This reflects our commitment to treat all individuals with respect and dignity while still enforcing our nation’s laws.”

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This policy reverses Trump’s rule

This move by the Biden administration ends a Trump administration practice, which allowed ICE officers to detain and deport undocumented immigrant women under these circumstances.

In fact, the Trump administration faced multiple legal proceedings regarding these practices, which were related to several testimonies of women who were deported almost immediately after giving birth inside the US.

To give a specific example, in one of our most recent articles we talked about an investigation which reveals that the Trump administration, using the health crisis as a means, deported at least 11 newborns to Mexico without American birth certificate.

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