ICE Eases Restrictions on Pregnant, Nursing and Postpartum Immigrants

ICE Eases Restrictions on Pregnant, Nursing and Postpartum Immigrants

President Joseph Biden has been working to reverse many of the immigration restrictions put in place by the Trump administration. One of the latest updates involves a new policy to ease the restrictions placed on pregnant, nursing, and postpartum immigrants.

What is the Policy?

In the latest directive, ICE states,

“Generally, ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing unless release is prohibited by law or exceptional circumstances exist. ICE officers and agents should carefully weigh the decision to issue a detainer, arrest, or take into custody for an administrative violation of the immigration laws an individual who is known to be pregnant, postpartum, or nursing. This Directive does not address whether removal proceedings should be initiated (i.e., the issuance of a charging document) against such individuals. Such decisions should be made in accordance with U.S. Department of Homeland Security and ICE enforcement priorities and applicable guidance. The decision whether to detain should be made separately from the decision whether to initiate removal proceedings or take any other immigration enforcement actions. In the very limited circumstances in which detention is necessary and appropriate, ICE must monitor individuals known to be pregnant, postpartum, or nursing detained in ICE custody for general health and well-being, including regular custody and medical reevaluation, to ensure appropriate pre- and/or post-natal and other medical and mental health care. ICE must ensure that individuals known to be pregnant, postpartum, or nursing are housed in facilities suitable for their medical and mental health needs.”

This change is being implemented with the hope of making the immigration process more humane.

If you have any questions about the latest updates, our firm is here to help. Reach out today to speak with an experienced and dedicated immigration law attorney.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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