New Guidance Fails to Stop Mistreatment of Pregnant People and Their Children in Detention
Recently, U.S. Customs and Border Protection (CBP) issued new requiring baby bassinets and “snacks” to be available to infants and people who are pregnant, postpartum, or nursing in CBP detention. Neither are of comfort in — freezing cold, overcrowded holding cells notorious for their harsh conditions. And none of the added features included in the new policy can compensate for the physical and emotional strain of CBP detention conditions on people who are pregnant, postpartum, or nursing their newborns.
Though highly anticipated, CBP’s guidance falls embarrassingly short and will do little to address the well-documented of pregnant people in the agency’s custody. The new guidance demonstrates that instead of moving away from detaining these uniquely vulnerable populations altogether, CBP is attempting to double down on unnecessary and dangerous detention practices.
In January 2020, the ACLU of San Diego & Imperial Counties (ACLU-SDIC) and the ACLU of Texas filed a with the U.S. Department of Homeland Security’s Office of the Inspector General (OIG) calling for an immediate review of mistreatment of pregnant people detained in CBP facilities. Such mistreatment regularly imperiled the viability of pregnancies, even sometimes resulting in miscarriage. Nancy, one mother interviewed by the ACLU-SDIC, reported:
“...that the food she received was spoiled and served cold; she could not bring herself to eat it … [she] had been taken into custody in wet and mud-covered clothing, [and] was neither permitted a change of clothing nor provided a chance to shower for the duration of her detention.”
In April 2020, ACLU-SDIC filed a subsequent on behalf of a pregnant woman who suffered mistreatment at the Chula Vista Border Patrol Station. After arresting her for routine processing, instead of facilitating her immediate access to critical medical care, CBP officers subjected her to a “rough ride” to a Border Patrol station, “jerk[ing] the steering wheel and slamm[ing] on the brakes.” Her experience only deteriorated inside the station, where she was forced to give birth while holding onto a trash can for support. The woman reported:
“Her husband heard the baby’s cries and, desperate to ensure the safety of his newborn child, lowered his wife’s pants and reached for the baby’s head, which was protruding out of her body. A Border Patrol agent and multiple medical staff also reached for the baby, some without gloves, and the baby was born. Although joyous about the birth of her child, [she] felt humiliated after realizing she had been surrounded by about 20 strangers, including multiple CBP agents and other unknown detained men, while she gave birth.”
The woman was finally taken to a hospital after she gave birth. After she was discharged, however, Border Patrol forced her to return to the Chula Vista Border Patrol Station for a night of postpartum detention together with her newborn baby.
In response to the complaint on behalf of the woman who gave birth at the Chula Vista Border Patrol Station, the OIG issued a in July 2021 finding a number of deficiencies in the manner in which CBP and Border Patrol respond to in-custody births. The OIG recommended that CBP “expedite releases because holding U.S. citizen newborns at Border Patrol stations poses health, safety, and legal concerns.” Eleven senators to Homeland Security Secretary Alejandro Mayorkas urging DHS to adopt a policy similar to one that Immigration and Customs Enforcement (ICE) earlier this year, which states that “[g]enerally, ICE should not detain, arrest, or take into custody” people who are “known to be pregnant, postpartum, and/or nursing.” Instead of heeding the senators’ recommendations and following ICE’s lead on this issue, CBP has chosen a path of further detention, entrenching a practice that jeopardizes the safety and well-being of people like the ACLU-SDIC’s client and her newborn baby.
Among other things, CBP’s new guidance purports to improve access to medical care and basic items like snacks, liquids, and diapers in hieleras; conditions under which parents can nurse and change diapers in hieleras; and documentation of childbirths in hieleras. But it fails to address the fundamental problem that CBP detention in hieleras threatens the health and dignity of pregnant, postpartum, and nursing people and their newborns, and that a humane alternative exists. The risks of CBP detention that the new guidance purports to mitigate, including limited access to medical care, inadequate care for infants, and inconsistent documentation of in-custody births, could be prevented altogether if CBP instead prioritized the prompt release of people who are pregnant, postpartum, or nursing. This would avoid the possibility of in-custody births of U.S. citizen babies and alleviate the need to accommodate postpartum and nursing parents.
The July 2021 OIG report included images of the ACLU-SDIC’s client laying down on a concrete bench in a hielera with her newborn U.S. citizen baby wrapped in an aluminum blanket for warmth. CBP’s response to this disturbing image was to suggest adding a bassinet for the baby and to offer snacks and milk.
Our demand in response is simple: CBP must stop detaining pregnant, postpartum, and nursing people altogether by prioritizing their prompt release to their networks of care in the United States, so that these individuals may pursue their immigration cases in safe and humane conditions.
Learn More About the Issues on This Page
-
Press ReleaseDec 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention NationwideACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention Nationwide
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least six states across the country, including in California, Kansas, Nevada, New Mexico, Texas, and Washington state. The records, obtained as a result of a Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, disclose that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first tranche of FOIA documents revealing that ICE is considering expanding detention in three different facilities in New Jersey. “You cannot have mass deportations without a significant expansion of ICE detention capacity in states across the country and that’s exactly what the incoming Trump administration is preparing to do,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “Rather than permanently shutting down abusive detention facilities, the Biden administration is paving the way for President-elect Donald Trump to make good on his cruel and inhumane mass deportation proposals.” The FOIA documents reveal that GEO Group, Inc., CoreCivic, and the Management & Training Corporation (MTC) submitted contract proposals to Requests for Information (RFI) to expand detention capacity and facilities, several of which have a lengthy history of abusive conditions. The proposals for expanded immigration detention facilities include: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal invesitgation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in its FOIA disclosure, obscuring the names of the specific facilities. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) MTC facility in South Texas, which may include the Willacy County Jail in Raymondville, TX (Proposal by MTC for the Harlingen Field Office) GEO Group, Inc. facility in IL, IN, WI, MI, KT, or KS (Proposal by GEO Group, Inc. for Chicago Field Office) GEO Group, Inc. facility in South Texas, which may include the Brooks County Detention Center, Falfurrias, TX; Coastal Bend Detention Center, Robstown, TX; or the East Hidalgo Detention Center in LaVilla, TX (Proposal by GEO Group, Inc. For the Harlingen Field Office) Other corporate entities, including Kastel Enterprises, LLC., and Active Deployment Systems, which provide services to build temporary facilities, and Sabot Consulting, which provides compliance monitoring and detention staffing services, also submitted responses to ICE’s request. As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The FOIA records are available here: /documents/multi-state-detention-facility-support-foia-documents-request-for-information -
News & CommentaryDec 2024
Immigrants' Rights
Trump’s Remarks on Birthright Citizenship, ExplainedTrump’s Remarks on Birthright Citizenship, Explained
The president-elect has said he intends to end birthright citizenship. We break down why that’s clearly unconstitutional. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. — This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi’s case, his claims challenging the government’s detention of him would fail. “Reviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we’re heartbroken for our client that the court got this so wrong,” said Brett Max Kaufman, senior staff attorney with the ACLU’s Center for Democracy. “The government’s arguments in defense of Mr. Trabelsi’s detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.” In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court’s ruling today, and will continue to be litigated on a separate track. “Mr. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,” said Nicole Hallett, clinical professor of law and director of the Immigrants’ Rights Clinic at the University of Chicago Law School. “He cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.” Mr. Trabelsi is represented by the American Civil Liberties Union, the University of Chicago Law School’s Immigrants’ Rights Clinic, the ACLU of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general. -
Press ReleaseNov 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New JerseyACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New Jersey
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity across the state of New Jersey. The records, obtained as a result of a FOIA lawsuit filed by the ACLU in September 2024, disclose that ICE capacity could increase by approximately 600 beds in at least two facilities in New Jersey. The discovery comes as President-elect Donald Trump continues to double down on his campaign promise to implement the largest mass deportation and detention program in the nation’s history. For months, the ACLU of New Jersey and advocates have raised concerns with the Biden administration’s plans to expand detention in New Jersey, as well as in potentially sixteen other states identified by ICE. “Instead of closing abusive detention facilities once and for all, the Biden administration is simply paving the way for the incoming Trump administration to conduct mass detention and deportation of immigrant communities nationwide,” said Eunice Cho, Senior Staff Attorney at the ACLU’s National Prison Project. “The Biden administration must instead work to close these facilities now.” These facilities under consideration include the Elizabeth Detention Center, located in Elizabeth, New Jersey and owned and operated by CoreCivic, Inc., and the Albert M. “Bo” Robinson Center (ARC) in Trenton, New Jersey, which was formerly owned by the GEO Group, Inc. Both facilities have significant records of poor conditions. Investigations of conditions at ARC exposed abusive conditions including “robbery, sexual assault, [and] menacing of the weak.” Meanwhile, the Elizabeth Detention Center has also come under fire for consistent medical neglect, cramped and unsanitary living quarters, and abusive treatment from guards. The ACLU obtained these documents as a result of Freedom of Information Act (FOIA) litigation, which sought in part records responsive to a contract solicitation for additional ICE detention space in the Newark, New Jersey area. The solicitation, originally issued on June 26, 2024, sought “comprehensive detention services for adult male and female noncitizens” to “provide for general population, intake, segregated housing, and medical beds at a contractor-owned/contractor-operated detention facility or facilities.” The documents provided by ICE provide a limited glimpse of the detention proposals, as the production appears to include only the environmental impact statement portions of the proposals submitted by CoreCivic, Inc. and GEO Group, Inc. to ICE. It is unclear from the documents whether there are additional New Jersey facilities that responded to ICE’s solicitation, or how much it would cost taxpayers. For example, the GEO Group, Inc. claimed in litigation earlier this year that it has readied the Delaney Hall Facility, located in Newark, New Jersey, to conform with ICE operating requirements. “New Jersey has already taken steps to oppose immigrant detention by phasing out ICE contracts and closing county-run ICE jails. But as federal plans to expand detention in New Jersey continue, the need for protections grows by the day. That’s why it’s imperative that the Biden administration immediately halt any efforts to expand this abusive detention machine,” said ACLU-NJ campaign strategist Ami Kachalia. “We also urge the New Jersey Legislature to quickly pass the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process.” State officials and members of New Jersey’s congressional delegation have opposed the expansion of ICE detention in the state. Earlier this year, eight Representatives and Senator Cory Booker raised concern regarding the development of additional private ICE detention facilities in the state. Prior to that, the New Jersey state legislature passed AB 5207 in 2021, which prohibited state and local entities and private detention facilities from entering, renewing, or expanding immigration detention contracts. Both CoreCivic, Inc., and GEO Group, Inc. filed suit to stop enforcement of the law, which has been enjoined pending appeal. The ACLU of New Jersey filed a friend-of-the-court brief on behalf of 28 community organizations in support of New Jersey's anti-detention law. The FOIA records are available here: /documents/foia-documents-re-nj-ice-detention-rfi