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Pelosi’s Border Bill Includes Language Aimed at Protecting Pregnant Illegal Aliens and Their Babies

CNSNews.com Staff
By CNSNews.com Staff | February 15, 2019 | 9:53 AM EST

House Speaker Nancy Pelosi with baby, April 11, 2007. (Getty Images/Justin Sullivan)

Section 533 of the appropriations bill supported by House Speaker Nancy Pelosi (D.-Calif.) that passed Congress yesterday includes language that specifically restricts how the department of Homeland Security may restrain pregnant women and women in labor.

The bill passed the House by a vote of 300 to 128 with Pelosi and other Democratic leaders voting for it.

The section says that with certain exceptions “none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation.”

The bill stipulates that a woman detained by DHS may never be put in restraints if she is in labor.

“In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy,” says the bill. “A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.”

Here is the verbatim text of the relevant section of the bill:

Sec. 533. (a) Except as provided in subsection (b), none of the

funds made available in this Act may be used to place restraints on a

woman in the custody of the Department of Homeland Security (including

during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation.

(b) Subsection (a) shall not apply with respect to a pregnant woman

if--

(1) an appropriate official of the Department of Homeland

Security makes an individualized determination that the woman--

(A) is a serious flight risk, and such risk cannot be

prevented by other means; or

(B) poses an immediate and serious threat to harm herself

or others that cannot be prevented by other means; or

(2) a medical professional responsible for the care of the

pregnant woman determines that the use of therapeutic restraints is

appropriate for the medical safety of the woman.

(c) If a pregnant woman is restrained pursuant to subsection (b),

only the safest and least restrictive restraints, as determined by the

appropriate medical professional treating the woman, may be used. In no

case may restraints be used on a woman who is in active labor or

delivery, and in no case may a pregnant woman be restrained in a face-

down position with four-point restraints, on her back, or in a

restraint belt that constricts the area of the pregnancy. A pregnant

woman who is immobilized by restraints shall be positioned, to the

maximum extent feasible, on her left side.

 

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