29 March 2018•Update: 29 March 2018
By Michael Hernandez
WASHINGTON
The Trump administration on Thursday officially ended a policy of releasing pregnant immigrant detainees from custody.
Under the new rules, pregnant women will now be assessed on a case-by-case basis to determine whether they will be kept in custody or released.
Immigration and Customs Enforcement (ICE) officers will now take the woman's pregnancy into consideration as well as whether or not they assess her to be a flight risk, or a danger to the community, the department said.
"Generally, absent extraordinary circumstances, ICE will not detain a pregnant alien during the third trimester of pregnancy," ICE said in a statement.
"ICE detention facilities will continue to provide onsite prenatal care and education, as well as remote access to specialists for pregnant women who remain in custody."
The policy shift follows a December 2017 directive from acting ICE Director Thomas Homan which ordered the change amid President Donald Trump's hardline approach to undocumented immigration.
Homan previously issued a directive in 2016 in which he said "absent extraordinary circumstances or the requirement of mandatory detention, pregnant women will generally not be detained by ICE".
ICE has come under previous criticism for its tough-nosed approach to immigration enforcement under Trump's direction, particularly its decision to separate family members in custody.
Dozens of House Democrats urged the department to change course on that policy, which they said is "unconscionable and contradicts the most basic of American family values".
"The reported justification of this practice as a deterrent to family migration suggests a lack of understanding about the violence many families are fleeing in their home countries," they wrote.
Thursday's announcement prompted further backlash, and Philip Miller, the Deputy Executive Associate Director of ICE’s Enforcement and Removal Operations, pushed back on the criticism.
"To miscategorize this as some wholesale change, or some kind of draconian act is really hyperbole," he told reporters on a conference call.
Such claims are "ludicrous", said Katie Shepherd, a lawyer with the American Immigration Council.
"ICE's official policy change towards pregnant women is inhumane and barbaric as it exposes this already vulnerable population to increased risk of harm and will undoubtedly lead to more miscarriages in detention centers and other pregnancy complications," she told Anadolu Agency.
Shepherd filed a joint complaint on behalf of the council and five other civil rights groups in September challenging ICE's treatment of pregnant women in detention.
There are currently 35 pregnant women in custody, according to Miller.
