San Francisco Chronicle

Biden to soften migrant controls over pregnancy

- By Eileen Sullivan Eileen Sullivan is a New York Times writer.

WASHINGTON — The Biden administra­tion will ease restrictio­ns placed on people in the country illegally who are pregnant, postpartum or nursing, the latest change in its broader efforts to soften immigratio­n detention policies put in place by former President Donald Trump.

Under the new policy, Immigratio­n and Customs Enforcemen­t officers generally will not detain or arrest people who are pregnant or nursing or who had a baby within the previous year, according to a draft of the plan shared with the New York Times and a person familiar with the policy. The language in the policy will be genderneut­ral, acknowledg­ing that transgende­r men can give birth — another departure from past directives.

The number of pregnant immigrants in detention increased sharply under Trump, who reversed a policy put in place in 2016 by President Barack Obama that called for detaining them only under extraordin­ary circumstan­ces.

Since 2016, ICE has arrested pregnant immigrants more than 4,000 times, according to internal government data shared with the Times. The number in custody has fallen more recently, partly because of measures to reduce the number of people in congregate settings who are at greater risk of contractin­g COVID19. There are currently fewer than 20 such immigrants in custody, staying for an average of three days.

Immigratio­n advocates welcomed President Biden’s new policy, which they said went even further than the 2016 version that was issued when he was vice president. But like Biden’s other immigratio­n policies to date — all of which have been made through exec

utive orders or directives and not codified in law — protection­s for pregnant and postpartum immigrants could disappear under a future administra­tion.

“Any change in presidenti­al administra­tion can materially change people’s lives, especially immigrants and folks who are kind of trying to navigate their way through the immigratio­n system,” said Breanne Palmer, a lawyer with UndocuBlac­k Network, which advocates for Black

people currently and formerly in the country illegally.

“People who endure detention when they’re pregnant or nursing, you know, they really have very little recourse,” Palmer said.

Although the new policy will affect only a small number of immigrants, it could rankle some conservati­ves who previously supported an effort by Trump to nullify the constituti­onal guarantee of birthright citizenshi­p, in part to deter migrants from trying

to get into the country to deliver babies.

The new policy will not apply to migrants in the custody of Customs and Border Protection. Border Patrol agents are typically the first U.S. law enforcemen­t officials to encounter migrants who cross the border, and they typically hold them for only a few days before transferri­ng them to ICE custody.

 ?? Paul Ratje / AFP via Getty Images ?? Migrant families are processed by U.S. Border Patrol agents after crossing the border Thursday in Penitas, Texas. Immigratio­n advocates welcomed President Biden’s new policy.
Paul Ratje / AFP via Getty Images Migrant families are processed by U.S. Border Patrol agents after crossing the border Thursday in Penitas, Texas. Immigratio­n advocates welcomed President Biden’s new policy.

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