Limitation on detention of pregnant women and mothers of newborns

(a) Access to pregnancy testing The Secretary shall provide every individual being processed into custody access to pregnancy testing during the initial medical screening. (b) Presumption of release (1) In general Except as provided in paragraph (2), the Secretary— (A) may not detain, arrest, or take into custody an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who is known to be pregnant, lactating, or postpartum, pending a decision with respect to whether the noncitizen is to be removed from the United States; and (B) shall immediately release any detained noncitizen found to be pregnant. (2) Exceptions The Secretary, pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), may detain an individual who is known to be pregnant, lactating, or postpartum— (A) under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that— (i) such individual poses an immediate and serious risk of physical harm to others; and (ii) enrollment in an alternative to detention program cannot mitigate public safety threats associated with such individual; and (B) if such detention is the only means available to mitigate such threats. (3) Removal If detention is the only means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary, solely for the purpose of such deportation or removal, may detain the pregnant individual in temporary housing in accordance with applicable temporary housing standards for a period equal to the shorter of— (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) 5 days. (c) Weekly review (1) In general The Secretary shall conduct an individualized review of each noncitizen detained pursuant to subsection (b)(2) not less frequently than weekly to determine whether such noncitizen continues to be subject to detention under such subsection. Each such review shall be completed within 72 hours after being initiated. (2) Release Not later than 24 hours after the Secretary determines pursuant to paragraph (1) that a pregnant noncitizen is no longer subject to detention under subsection (b)(2), the noncitizen shall be released from the facility in which the noncitizen had been detained in accordance with safe release standards. In carrying out such release, an officer at such facility shall— (A) prepare the noncitizen’s complete medical records, medications, and any supplies required to maintain the noncitizen's state of health until the noncitizen can be seen by a community health professional; and (B) communicate with the noncitizen's attorney of record, sponsor, or any post-release service provider as soon as details of the noncitizen's planned release are available.