ICE Deportations of Pregnant and Nursing Women Raise Human Rights Concerns

Recent data reveals that U.S. Immigration and Customs Enforcement (ICE) deported 363 pregnant, postpartum, or nursing women between January 1, 2025 and February 16, 2026, sparking renewed scrutiny of the agency’s policies and their impact on vulnerable populations. The figures, provided in response to a senatorial inquiry, underscore the human cost of the administration’s heightened immigration enforcement efforts.

Deportation Numbers and Detention Conditions

As of February 16, 2026, ICE detention facilities held 86 identified pregnant detainees, including nine in their third trimester. Last year, 16 miscarriages occurred within ICE detention, as reported by late September 2025. Senator Tammy Baldwin (D-WI) has been vocal about the risks associated with detaining pregnant individuals, emphasizing the potential for harm to their health.

Even as ICE states that pregnant women have access to medical care, reports from organizations like Physicians for Human Rights and the Women’s Refugee Commission suggest inadequate access to necessary medical attention. The DHS also acknowledges a lack of comprehensive data collection regarding lactating women in detention, raising concerns about the disruption of breastfeeding and its impact on both mothers and infants.

Policy and Concerns Regarding Family Separation

Between January 2025 and February 2026, 498 individuals identified as “pregnant, postpartum and nursing aliens” were “booked out” of ICE custody. However, DHS stated it does not know whether these individuals were deported, released, or transported for medical appointments. This lack of clarity fuels concerns about the potential for family separation and the well-being of vulnerable individuals.

ICE policy generally states that the agency should not detain, arrest, or take into custody individuals known to be pregnant, postpartum, or nursing for administrative immigration violations unless release is prohibited by law or under exceptional circumstances. Alternatives to detention, such as allowing individuals to remain at home while their immigration cases are processed, are considered more humane and rights-respecting options.

Calls for Reform and Accountability

Democratic leaders in the House and Senate have been increasingly critical of ICE’s actions. House Democratic Leader Hakeem Jeffries (D-NY) and Senate Democratic Leader Chuck Schumer (D-NY) recently sent a letter to Republican leadership outlining legislative actions to rein in ICE and prevent further harm. These demands include requiring judicial warrants for entry onto private property, improving warrant procedures, verifying citizenship status before detention, prohibiting the use of masks by ICE agents, and requiring clear identification of agents during enforcement actions.

Recent congressional hearings, including one featuring testimony from Todd Lyons, the acting head of ICE, have highlighted the ongoing debate over the agency’s tactics and accountability.

Looking Ahead

The lack of transparency and the continued deportation of vulnerable individuals underscore the urgent require for comprehensive immigration reform. Ensuring that immigration officials fully adhere to U.S. Immigration laws, constitutional principles, and international human rights standards is crucial to protecting the rights and well-being of immigrant infants, children, nursing mothers, pregnant people, and families.