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Homeland Security and Further Additional Continuing Appropriations Act, 2026.Section 5 › Proposal

A 2021 custody policy on pregnant and nursing people must stay in effect

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, section 5, Sec. 5. Written by .

A 2021 custody policy on pregnant and nursing people must stay in effect

The document says “shallWho acts: Secretary of Homeland SecurityHow: statuteSec. 5 in the PDF
What the document says

“The Secretary shall ensure that the November 30, 2021, policy statement from U.S. Customs and Border Protection titled ``Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody,'' or substantively similar standards of treatment developed in consultation with maternal and pediatric health providers and experts, are in effect and are fully implemented”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 5

Section 208. The Secretary must keep in effect and fully implement the border agency's policy statement of November 30, 2021 on pregnant, postpartum and nursing individuals and infants in custody, or standards substantively similar to it developed with maternal and pediatric health providers. The section states that the purpose is to safeguard the health, safety and rights of pregnant women in the agency's custody.

What the document actually says

“The Secretary shall ensure that the November 30, 2021, policy statement from U.S. Customs and Border Protection titled ``Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody,'' or substantively similar standards of treatment developed in consultation with maternal and pediatric health providers and experts, are in effect and are fully implemented”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 5
That sentence, in plain words

A 2021 policy on pregnant people in custody must stay in force. A close match may be used instead. Doctors must help write it.

What this is about

The policy sets how the agency treats them while held. It also covers new mothers and babies. It must be followed, not just filed.

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