The Department of Homeland Security (DHS) revealed that U.S. Immigration and Customs Enforcement (ICE) deported 363 pregnant, postpartum, or nursing women between January 1, 2025, and February 16, 2026, in response to a query from U.S. Senators. The figures underscore the human consequences of the administration’s heightened immigration enforcement policies.
According to the DHS response, as of February 16, 2026, ICE identified 86 detainees as pregnant, including nine in their third trimester. Last year, through late September 2025, 16 miscarriages occurred within ICE detention facilities. Detaining pregnant individuals carries inherent health risks, a point contested by DHS, which maintains that pregnant women have access to adequate medical care. Though, reports from organizations like Physicians for Human Rights and the Women’s Refugee Commission suggest limited access to necessary medical attention for pregnant detainees.
DHS acknowledged that ICE does not systematically collect data on the number of lactating women held in detention. Separating infants and breastfeeding mothers is widely recognized as deeply disruptive to both.
The DHS data further indicates that 498 individuals identified as “pregnant, postpartum and nursing aliens” were “booked out” of ICE custody between January 2025 and February 2026. The agency stated it does not know whether these individuals were deported, released, or transported for medical appointments.
Current ICE policy states that the agency “generally does not detain, arrest, or capture into custody aliens known to be pregnant, postpartum, or nursing for an administrative violation of immigration laws unless release is prohibited by law or for exceptional circumstances.” Advocates point to alternatives to detention, such as allowing individuals to remain at home although their immigration cases are processed.
Funding for DHS and related agencies, including ICE, has recently faced roadblocks in Congress. In March 2026, Republicans blocked an effort by Senator Elissa Slotkin to pass TSA funding, according to U.S. Senate reports. Simultaneously, the Senate failed to resolve a standoff over funding for Homeland Security and airport screening (Reuters). Senate Democrats have too blocked DHS funding over concerns regarding enforcement policies (The New York Times). These legislative hurdles come amidst criticism of ICE and Customs and Border Protection (CBP) regarding alleged brutality (National Immigration Law Center).
Senator Mark Mullin faced scrutiny during a recent DHS confirmation hearing regarding his temperament and past claims (CNN). The hearing highlighted tensions surrounding immigration enforcement and oversight.
The DHS response did not offer a plan to address the concerns raised regarding the treatment of pregnant and postpartum individuals in ICE custody, nor did it detail steps to improve data collection on lactating detainees. The agency has not responded to requests for further comment.
