Dozens of national pro-life leaders have formally requested the Trump administration reinstate federal guidance regarding the detention of pregnant women and new mothers by Immigration and Customs Enforcement (ICE). The request was made in a letter sent on February 13.
Background on Policy and Concerns
The letter, signed by over 30 pro-life leaders, states that "unborn children are dying because of this policy," citing documentation from medical advocacy groups and investigative reporting.
"Unborn children are dying because of this policy."
These reports have detailed instances of prolonged detention of women with high-risk pregnancies, delayed emergency treatment, miscarriages, and stillbirths.
In 2017, the first Trump administration concluded a policy that presumed the release of pregnant detainees. Subsequently, in 2021, ICE issued new guidance recommending against the arrest, detention, or custody of women who are pregnant, postpartum, or nursing, unless legally prohibited or under exceptional circumstances. However, the current letter from pro-life leaders indicates that this 2021 guidance is reportedly no longer followed in practice. ICE's website lists it as "archived" and "not reflective of current practice."
Leah Libresco Sargeant, an author and signatory, commented that while disagreements on immigration law enforcement exist, the principle of not endangering innocent children should be foundational. She added that avoiding the custody of pregnant or nursing women when possible, and providing proactive care when detention is necessary, aligns with prior ICE approaches.
Key Requests
The letter, addressed to President Donald Trump, Department of Homeland Security Secretary Kristi Noem, and ICE Acting Director Todd Lyons, outlines four specific requests:
- Immediate reinstatement and enforcement of the 2021 guidance.
- Requirement for field offices to obtain headquarters-level approval before detaining any pregnant, postpartum, or nursing woman.
- Publication of semi-annual data on the number of pregnant, postpartum, and nursing women in custody, including justification for each detention.
- Review of current cases and release of pregnant, postpartum, and nursing women who do not pose genuine security threats.
The initiative was led by Rehumanize International, a human rights nonprofit, and Secular Pro-Life, an atheist-led anti-abortion organization. Herb Geraghty, communications director of Secular Pro-Life, expressed optimism that the administration would consider the request given pro-lifers' historical support.