Medical Care (Women).”, U.S. Department of Homeland Security, “INS Detention Standard: Medical Care” (Washington: 2000), available at, Kids in Need of Defense, “Flores Settlement: Myth v. Fact,” available at, Miriam Jordan, “Judge Blocks Trump Administration Plan to Detain Migrant Children,”, U.S. Immigrations and Customs Enforcement, “PREA,” available at, Sharita Gruberg, Carolyn Davis, and Victor Lopez, “How Overly Broad Religious Exemptions Are Putting Children at Risk of Sexual Abuse,” Center for American Progress, May 12, 2016, available at, Office of the U.N. High Commissioner for Human Rights and World Health Organization, “The Right to Health” (Geneva: 2008), available at, Reis Thebault, “A 24-year-old Honduran woman’s pregnancy ended in a stillbirth at an ICE detention center,”, Tina Vasquez, “ICE Increased Risks for Pregnant Migrants in Detention. In addition, she alleges that protections against COVID-19 have been substandard. The Center for American Progress is an independent nonpartisan Yahoo is part of Verizon Media. The ACOG and AAP guidelines outline basic perinatal care, which includes: physical examinations, routine laboratory assessments, assessment of gestational age and normal progress of pregnancy, ongoing identification of risk, psychosocial support, childbirth education, and care coordination.93 Specialty care includes all elements of basic care in addition to fetal diagnostic testing and management of medical and obstetric complications.94 Typical prenatal care visits for a low-risk pregnancy should occur every four to six weeks for the first 32 weeks, every two to three weeks until the 37th week, and weekly until delivery.95, The PBNDS 2011 section on women’s health care contains standards that pregnant women in custody “have access to pregnancy services including routine or specialized prenatal care, pregnancy testing, comprehensive counseling and assistance, postpartum follow up, lactation services and abortion services.”96 Medical providers are directed to identify the specific needs of a pregnant woman and inform detention staff of those particular needs, including diet and housing. Dedicated ICE facilities generally use one of two standards: the PBNDS 2011, or the Family Residential Standards from 2007,56 which apply to facilities holding families including adults and children together. States that detain the most immigrants, such as Texas, also have some of the most restrictive abortion laws in the country.145 These varying restrictions fall particularly hard on minors seeking abortion care. Officials from the Office of Refugee Resettlement and the Department of Health and Human Services then allegedly began a campaign that denied Jane her reproductive autonomy and violated her constitutional right to access abortion care. Information about your device and internet connection, including your IP address, Browsing and search activity while using Verizon Media websites and apps. ; Leila Schochet, “Trump’s Family Incarceration Policy Threatens Healthy Child Development” (Washington: Center for American Progress, 2018), available at, Schochet, “Trump’s Family Incarceration Policy Threatens Healthy Child Development.”, Ashley Fetters, “Children Cannot Parent Other Children,”, Kimberly Lawson, “The Lasting Impact Family Separation Can Have on Parents,” Vice, July 12, 2018, available at, von Werthern and others, “The impact of immigration detention on mental health: a systematic review.”, Stacey Kaltman and others, “Contextualizing the Trauma Experience of Women Immigrants From Central American, South America, and Mexico,”, Physicians for Human Rights, “The Impact of Immigration Detention on Migrant Mental Health” (New York: 2018), available at. Finally, ICE standards and directives use the term “pregnant women” rather than “pregnant people,” which excludes the needs and experiences of pregnant people who may not identify as women. In addition to immigration detention, incarcerated women in the criminal justice system have extremely high rates of mental illness—likely influenced by past experiences of trauma—lack mental health services, and are placed in solitary confinement at disproportionately high rates.191 Women and girls need mental health services that are tailored to their unique needs, including the particular mental health needs of pregnant people; take into account histories of mental health issues and trauma; and do not punish them for having a mental illness. Women and children who have been abused in ICE detention may be eligible for a U visa – an immigration status available to victims of certain crimes in the United States – and they should be given a meaningful opportunity to apply. (May 1, 2019), available at, Jennifer Shutt, “Sharing info on potential sponsors of unaccompanied children stalled border funding,” Roll Call, May 28, 2018, available at, Women’s Refugee Commission, National Immigrant Justice Center, and American University Washington College of Law Clinical Program, “Children as Bait.”, Office of Inspector General, “Care Provider Facilities Described Challenges Addressing Mental Health Needs of Children in HHS Custody.”, Spencer Woodman and others, “Solitary Voices: Thousands of Immigrants Suffer in Solitary Confinement in ICE Detention,” The Intercept, May 21, 2019, available at, Women’s Refugee Commission, “Prison for Survivors.”. Documents from the case provide a disturbing look at Lloyd’s ORR, in which ORR facilities were directed to only refer young women to fake “crisis pregnancy centers” that attempted to coerce them into carrying their pregnancies to term and to deny minors the ability to seek a judicial bypass—a process in which a judge grants approval for a minor’s abortion when parental consent is not available—even when contrary to state laws.143. The standards developed by the advisory board should include: Evidence-based health care standards must be adopted across facilities in the departments of Homeland Security and Health and Human Services, and must be binding and apply to all facilities, without the option to waive compliance. The Flores settlement set national standards for the safety and treatment of children in federal custody, including an emphasis on reuniting children and families as quickly as possible and a requirement to place children “in the least restrictive setting appropriate.”69 While the Trump administration has attempted to undermine the Flores settlement and detain children and families indefinitely, its efforts have been blocked in the courts.70, In addition to these standards, ICE and the ORR have protocols under the Prison Rape Elimination Act (PREA), to prevent, detect, and respond to sexual abuse and assault in detention, including medical care.71 PREA was passed in 2003, but HHS and ICE were not directed to create PREA standards until the passage of the 2013 Violence Against Women Reauthorization Act. The majority today are originally from Mexico and the Central American countries of El Salvador, Guatemala, and Honduras.6 A significant number are recently arrived asylum seekers, yet many have lived in the United States for years, if not decades, and may be undocumented or have had a change in immigration status that prompted their detention.7 Those who win relief from deportation may be granted asylee status, green cards, or other stays of deportation based on danger in their countries of origin, family ties, or time in the United States, among other forms of relief.8.

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