Biden administration directs ICE to avoid detention of pregnant and nursing immigrants

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WASHINGTON – The Biden administration will avoid the arrest of pregnant, nursing or postpartum undocumented immigrants, the latest move by the president to unwind his predecessor's hardline immigration policies.

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The new policy, outlined in a July 1 memo signed by U.S. Immigration and Customs Enforcement Acting Director Tae Johnson, states that the agency generally will not detain or arrest "individuals known to be pregnant, postpartum or nursing unless release is prohibited by law or exceptional circumstances exist."

In the limited circumstances that pregnant immigrants are detained - if an individual "poses an imminent risk of death, violence or physical harm" - immigration officials should monitor and ensure they receive medical attention, mental health services and pre- or post-natal care, the new policy states. The gender neutral language in the memo is intended to acknowledge that transgender men can given birth, according to a senior administration official.

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