AILA provides a series of 12 charts comparing President Biden’s accomplishments 100 days after entering office with the comprehensive recommendations AILA presented to the president.View All
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 18032937 | Dated March 29, 2018
Washington, DC - According to an Immigration and Customs Enforcement (ICE) policy directive released today, ICE has formalized its practice of detaining pregnant women in response to President Trump's executive order "Enhancing Public Safety in the Interior of the United States." The practice of detaining pregnant women is inhumane and unsafe. Last fall, the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council), alongside partner organizations, submitted an administrative complaint with the Department of Homeland Security (DHS) on behalf of women who are or were pregnant and detained by ICE. The complaint highlighted reports by currently and formerly detained women that illustrate ICE's failure to establish practices that place reasonable limits on the detention of pregnant women.
Annaluisa Padilla, AILA President, said in response to the directive, "This policy is an egregious human rights offense. In the past, the agency's practice was to severely limit the detention of women who were pregnant. With this policy, the detention of pregnant women is a matter of routine, and ICE officers will only exercise their discretion to release them on a case-by-case basis. This is concerning given the current administration's exceptionally narrow view of discretion when it comes to immigrants. Detention creates serious health risks, and many women have medical needs that cannot typically be addressed in a detention setting. We are deeply dismayed by today's directive and will continue our calls for a policy limiting the detention of pregnant women and for the use of proven, effective alternatives to detention instead."
Katie Shepherd, Advocacy Counsel for the Immigration Justice Campaign, a joint initiative between AILA and the Council, said, "This new ICE policy directive confirms our fears that the government intends to use detention far more aggressively against pregnant women despite substantial evidence that detention of this particularly vulnerable population has been linked to serious health implications to the mother and unborn child. Detention also constitutes a significant barrier to receiving a meaningful day in court. Nationally, only 37 percent of all immigrants, and a mere 14 percent of detained immigrants, secured legal representation between 2007 and 2012. AILA, the Council, and our partners will not sit idly by-we will continue the fight for justice and push back against the practice of detaining pregnant women."
Read the 2017 complaint in its entirety here.
Cite as AILA Doc. No. 18032937.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2021
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.