Reproductive Freedom, Justice Activists Decry Health Violations, Mistreatment of Pregnant, Postpartum and Nursing Women in ICE Detention

Women’s Reproductive Rights and Justice activists protest against Trump and his unconstitutional detention policies, especially how pregnant, postpartum and nursing mothers are treated in detention © Karen Rubin

Reproductive Freedom For All, National Latina Institute for Reproductive Justice, and other partners hosted a press call on Thursday morning to highlight immigration detention as an urgent and immediate reproductive justice issue. (Access a recording from today’s call here.)

Reproductive freedom and justice advocates called for oversight and accountability for the human rights violations and the medical neglect and mistreatment of pregnant, postpartum, and/or nursing people in detention across the country. Overwhelmingly, speakers agreed that the Trump administration is choosing to enforce its extreme agenda rather than the safety of pregnant people.

Experts convened to speak on the crisis at hand, share the consequences for pregnant individuals and their children in detention, bring to light real-life examples, and discuss future actions from organizations, including legal actions to hold this administration accountable.

Members of Congress and advocates highlighted important legislation calling for more oversight and accountability on ICE, including a resolution recognizing that immigrant justice and reproductive justice are inseparable and must be pursued together, the Melt Ice Act, and the Stop Shackling and Detaining Pregnant Women Act.

“For months now, we’ve seen reports of pregnant people in ICE custody experiencing medical neglect and abuse,” stated Yvonne Gutierrez, Reproductive Freedom for All Executive Director. “This is state-sanctioned violence. Trump’s anti-abortion and anti-immigrant attacks are part of the same agenda, aimed at controlling people’s bodies, denying care, and targeting communities they deem less deserving of freedom and dignity. This is dangerous, and it’s escalating. We will keep fighting for a world where everyone has the freedom to make decisions about their bodies and their futures, and where families are protected by their government, not targeted.”

“We’ve had enough of these attacks on immigrant communities, designed to instill fear and confusion and deter people from accessing healthcare and essential services,” declared Lupe M. Rodríguez, Executive Director, National Latina Institute for Reproductive Justice. “We know that actions to separate families and make it harder for people to make their own decisions about their bodies and lives violate our reproductive rights and bodily autonomy. Immigrant justice IS reproductive justice. Everyone, no matter who they are or where they come from, should be able to get the health care they need; live safe, healthy lives; and raise their families with dignity.”

“Unaccompanied immigrant youth must be able to access the full range of reproductive health care, including abortion, under the current law,” Brigitte Amiri, Deputy Director, American Civil Liberties Union, Reproductive Freedom Project, stated. “Any attempts to restrict abortion access for youth in immigration shelters will be devastating. If any youth in ORR custody is denied access to reproductive health care, they should contact us at 212-549-2633.”

“Our pregnant clients tell us they don’t know when or if they will be able to go to the OBGYN, and when they do go, they aren’t told when their next appointment will be,” said Jesus Gonzalez, Managing Social Worker, Florence Immigrant & Refugee Rights Project, Arizona. “We currently have a client who is in her third trimester and has no information on what the plan would be if she were to give birth while detained. Unfortunately, it is extremely difficult to secure release from detention for anyone right now, including people who are pregnant or suffering from serious illnesses.  While our clients have reported poor conditions in detention for many years, what we’re seeing now is a choice on behalf of ICE and the federal government to detain everyone that they can, regardless of their medical history and regardless of whether they can obtain the medical care they need in ICE custody. We are sounding the alarm on the real harms of detaining pregnant people and the danger that this poses to their health and the health of their babies. We call on ICE to immediately release all pregnant people from detention and stop this harmful practice of detaining pregnant people.”

“Healthcare access is not a nice-to-have, it’s lifesaving. And reproductive health care should never be seen as optional —  it’s a dignity that all women deserve,” said Rochelle Garza, President of the Texas Civil Rights Project. “Texans know this fight deeply. Those of us living on the border have experienced this cruelty for years. And it’s no coincidence that many of these immigration detention centers, whether they are run by ICE or ORR, are located in Texas. Or that the enforcement methods here have spread across the country. It’s past time to shut down these facilities and end detention of families and any medically vulnerable individuals.”

“The story of my mom– a woman who crossed the border pregnant with me– reminds me that migration and reproductive healthcare are inextricably tied. Despite people traveling miles in the hope of a better life, immigration status, financial conditions, and dehumanizing treatment create significant barriers to care,” said Congresswoman Delia C Ramirez (D-IL), lead sponsor of the Melt ICE Act. “Reproductive justice is a human right and immigrant justice demands the dismantling of systems that criminalize migration, tear apart families, and deny immigrants access to health care and full personhood.”

Trump’s HHS Targets 13 States Where Abortion Coverage is Protected With New Investigation

In other developments, The Guardian recently reported that Trump’s Department of Health and Human Services has launched investigations into 13 states that currently require health insurance plans to cover abortion care, claiming that these protections violate the Weldon Amendment.

Reproductive Freedom for All-endorsed New Jersey Governor Mikie Sherrill criticized the investigationsin a statement last Thursday as “nothing but a fishing expedition wasting taxpayers’ money.”

“I will fight tooth and nail to defend and protect New Jerseyans’ abortion rights against attacks from Donald Trump, or anyone else,’ she said. ‘New Jersey requires health insurance plans to follow all applicable laws, including protecting women’s reproductive freedom.”

The Weldon Amendment has long been used to let politicians and health care entities impose their personal beliefs on patients—allowing hospitals, insurance companies, and individual health care professionals to deny care, coverage, or referrals for abortion care. 

This isn’t the first time the Trump administration has sought to weaponize the Weldon Amendment to attack states that have passed laws to safeguard abortion access. In 2020, the Trump Administration announced it would withhold $200 million in federal Medicaid funds quarterly from California by claiming that the state’s requirement for abortion coverage in health care plans violates the Weldon Amendment.

“Trump and his allies have lied time and again by saying that they’re leaving abortion access up to the states—and this latest move from Trump’s HHS reaffirms that this was never going to be the case. This is part of a broader strategy to chip away at abortion access nationwide, including in states where it is legally protected, and the Trump administration won’t stop pressuring providers, restricting medication abortion, and challenging health care coverage until they reach that goal,” Reproductive Freedom for All stated.

For over 50 years, Reproductive Freedom for All (formerly NARAL Pro-Choice America) has fought to protect and advance reproductive freedom at the federal and state levels—including access to abortion care, birth control, pregnancy and post-partum care, and paid family leave—for everybody. Reproductive Freedom for All is powered by its more than 4 million members from every state and congressional district in the country, representing the 8 in 10 Americans who support legal abortion.