The Loss of Bodily Autonomy and Reproductive Care in Immigration Detainment Centers

By Samantha Weitzel

Last updated: March 6, 2022

Immigration to the U.S. occurs quite frequently, and the system is so inefficient and backed up that many come into the U.S. without proper admittance. Immigrants coming in without documentation as well as immigrants not yet through the admittance process are often detained in detention centers. The detainment is consistently rash and unjust, and inmates are, on average, detained for over a month or sometimes three times as long if a case must be fought [1]. 

When exploring the reproductive health of women in these immigration detention centers, a general question arises: why does detainment so often lead to a lack of bodily autonomy and reproductive resources? Few Americans are fully aware of the crimes and violations committed against detained women. The US government and immigration programs are leaving a history of sterilizations, forced abortions, and lack of reproductive rights. Primary accounts of women experiencing the terrifying detainment process provide the most details of what happens on the other side of the fences. Teresa is an immigrant from El Salvador seeking asylum in the U.S. when she was four months pregnant [2]. She was plagued by pain and intense bleeding after being in a holding cell for 24 hours, but Teresa’s requests for medical care were ignored by all detainment officials. She was finally transferred out of the cell to Otay Mesa Detention Center and met with medical staff, and yet, no transfer to a hospital ever occurred. Her miscarriage was confirmed days later. Miscarriages are both physically and emotionally taxing, and Teresa suffered from heavy headaches, weight loss, and bleeding without ever being given an appointment with a care provider. Any medicine that Teresa received was paid for out of pocket, and soon confiscated by detention center staff. Even four months later, Teresa was in pain, neglected by medical staff, and still detained. 

There is a distinct pattern of reproductive neglect and abuse for pregnant and non-pregnant women in detention centers across the United States. No woman is allowed an abortion while detained except with narrow exceptions[3], even though abortions are commonly known to be a medical right for all women. Many women are also physically abused by Border Patrol officers in their time in the detention centers. Medical care is rarely provided in cases of sickness, heavy bleeding, or other ailment, and referrals or transport to hospitals almost never happen. 

High numbers of sexual assault harm women in addition to the reproductive neglect that they already face. Lawyers in Texas fighting for a criminal investigation call it “systematic” sexual abuse from the ICE officials [4]. The guards were said to have strategically carried out the multiple assaults in camera blind spots, and the victims were told that “no one would believe them because footage did not exist, and the harassment involved officers as high-ranking as a lieutenant.” These high positions of office have caused numerous issues in court in the past, with the immigrant’s word not being believed against someone with so much rank and power. The victims are also usually deported soon after assault occurs, meaning that criminal cases are hard to carry out when the key witness is lost. The rampant sexual assault in immigration centers is largely unrecognized and handled by any officials that are part of the U.S. justice system. 

Abuse in the immigration centers also occurs in other ways, such as with the inhumane yet normalized lack of informed consent. Many detained women are subjected to medical procedures without understanding the purpose or the full extent of what is going to happen due to factors such as poor communication between officials and inmates as well as a language barrier [5]. Numerous instances of government-contracted medical professionals performing sterilization procedures on women in ICE custody without their knowledge or consent have been publicized after whistleblowers and affected women have spoken out [6]. The ACLU points out a long standing trend through American history of similar, unjust treatment of indigenous, black, and brown people and that this inhumane treatment in detention centers is not necessarily new. 

While ICE and detention center officers commit these cruel practices, the system is truly perpetuated and encouraged by the overarching US government itself. During Trump’s presidency, Obama’s law stating that pregnant women cannot be detained was reversed. Since then, the horrific testimonies of pregnant women have come out. A woman who was an inmate experienced a miscarriage after being slammed against a chain link fence by a Border Patrol agent,” and other women were denied hygiene products and other medical care [6].

ICE departments and the U.S. Government Accountability Office have acknowledged the gaps in provision of medical care and attention given to detained pregnant women, but as of 2020, only 79% of detention centers were in compliance with rules for providing prenatal care [7]. Progress has also been made in this area with the return of the Obama-era rule under Biden’s presidency prohibiting the detainment of pregnant and nursing women. There is a part of the law that allows for the possible detainment of pregnant or postpartum women if they are an imminent threat or danger, which still does leave room for an unfair avenue around the law [8]. However, the return of this prohibition and notice from the government of inhumane prenatal care has begun to make a difference in the justice of treatment in detainment centers. 

There is incredible room for change in the practices that jeopardize the bodily autonomy and reproductive rights of women in immigration detention centers. Patterns of sexual assault, medical neglect, and reproductive harm are continously repeated the U.S. government and detainment officials. Acknowledging a discrepancy in provided care and the changing of laws is only the beginning to substantial reform of the immigration system. Immigrating to the United States should never end in miscarriage or medical neglect; why should a system that allows for that continue to exist? 

References

1. Gruberg, S. Infographic: How Long Are People in Detention? 2014. 

2. Ellmann, N. Immigration Detention is Dangerous of Women's Health and Rights. 2019. 

3. U.S. House Restricts Immigration Detainees' Abortion Access. 2012. 

4. Kriel, L. ICE Guards "Systematically" Sexually Assault Detainees in an El Paso Detention Center, Lawyers Say. 2020. 

5. Chotiner, I. The Troubling State of Medical Care in Ice Detention. 2020. 

6. Amiri, B. Reprodutive Abuse is Rampant in the Immigration Detention System. 2020. 

7. Goodwin, G. Immigration Detention: Care of Pregnant Women in DHS Facilities. 2020. 

8. Sacchetti, M. ICE to avoid detaining pregnant, nursing, and postpartum women. 2021.