Deportation and Medical Neglect of Pregnant Women in ICE Custody

What Happened

Between January 1, 2025 and February 16, 2026, Immigration and Customs Enforcement deported 363 pregnant, postpartum, and nursing women. During this same period, 16 miscarriages were recorded in ICE custody. As of February 2026, 86 pregnant detainees were being held by ICE, including 9 in their final trimester -- all in violation of ICE's own 2021 directive, which establishes a presumption against detaining pregnant, postpartum, or nursing individuals.

Conditions in Detention

Multiple investigations by Human Rights Watch, Physicians for Human Rights, the ACLU, and journalists have documented severe mistreatment:

Shackling During Medical Emergencies

Women reported being shackled at the ankles, hands, and waist during cross-country transport. In one case, a woman who was actively miscarrying was transported to an emergency room with her arms and legs shackled. Shackling pregnant women during medical procedures and emergencies is widely condemned as cruel treatment by medical and human rights organizations.

Non-Consensual Medical Procedures

In one documented case, medical personnel performed an invasive uterine test without the detainee's consent and injected an unknown medication. The woman was later informed that she had miscarried. The lack of informed consent for medical procedures on detained individuals raises serious concerns under both medical ethics and international human rights law.

Denial of Basic Care

• Pregnant and postpartum women reported being denied adequate food and water
• Women received limited or no prenatal care while in detention
• One woman recovering from a Cesarean section was not given a bed to sleep on
• Follow-up care for complications was routinely denied or delayed

Violation of ICE's Own Policy

A 2021 ICE directive (Directive 11032.4) establishes a presumption against the detention of pregnant, postpartum, or nursing individuals except under very limited circumstances. The detention of 86 pregnant women at a single point in time, combined with the deportation of 363 during 13 months, demonstrates systematic disregard for the agency's own stated policy.

International Law Analysis

Cruel, inhuman, or degrading treatment: Shackling women during miscarriage, denying prenatal care, and performing non-consensual medical procedures constitute cruel treatment under Articles 1 and 16 of the Convention Against Torture and Article 7 of the ICCPR.

Humane treatment in detention: Article 10 of the ICCPR requires that all persons deprived of liberty be treated with humanity and with respect for their inherent dignity. Denying a post-Cesarean patient a bed to sleep on fails this standard.

Maternal health rights: CEDAW Article 12 requires appropriate health services in connection with pregnancy. The UDHR Article 25(2) declares that motherhood and childhood are entitled to special care.

Why This Entry Is Rated Critical

• Shackling during miscarriage: Physical restraint of women during active medical emergencies constitutes cruel treatment
• Non-consensual medical procedures: Invasive procedures without informed consent violate bodily autonomy and medical ethics
• Systematic policy violation: ICE's own directive against detaining pregnant individuals is being systematically ignored
• Scale: 363 pregnant women deported in 13 months; 16 miscarriages recorded in custody
• Denial of basic medical care: Prenatal care denied despite the heightened vulnerability of pregnant detainees
• Multiple authoritative sources: HRW, PHR, ACLU, and DHS's own data document the pattern