Biden Will End Detention for Most Pregnant and Postpartum Undocumented Immigrants

Like the president’s other immigration policies, the protections could disappear under a future administration because they are not being created through legislation.

WASHINGTON — The Biden administration will ease restrictions placed on undocumented people 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 J. 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 gender neutral, acknowledging that transgender men can give birth — another departure from past directives. The number of pregnant immigrants in detention increased sharply under Mr. Trump, who reversed a policy put in place in 2016 by President Barack Obama that called for detaining them only under extraordinary circumstances.