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Biden Administration Eases Restrictions on Pregnant, Postpartum, or Nursing Immigrants

USA FlagThe Biden administration is now actively working to avoid detaining pregnant, postpartum, or nursing immigrants. This is a big change that is reversing some of the Trump era restrictions that were placed on the immigration process.

According to the memo itself, ICE has announced that “Generally, ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing unless release is prohibited by law or exceptional circumstances exist. ICE officers and agents should carefully weigh the decision to issue a detainer, arrest, or take into custody for an administrative violation of the immigration laws an individual who is known to be pregnant, postpartum, or nursing.”

According to, “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 postnatal care, the new policy states. The gender-neutral language in the memo is intended to acknowledge that transgender men can give birth, according to a senior administration official.”

This updated policy is just one of the many changes being made to the immigration policies. As more changes arise, our firm will continue to keep you updated. If you have any questions about this policy, reach out to our firm today.

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Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.

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