Judges Criticize Trump Officials' Shifting Stance on Detaining Pregnant Immigrants

Federal courts express frustration over the administration's unclear policy on locking up pregnant and nursing women as part of immigration enforcement.

Published on Feb. 21, 2026

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Federal judges are growing increasingly impatient with the Trump administration as they continue to detain pregnant and nursing immigrant women, despite a policy that limits such practices. The administration has provided conflicting information to the courts about whether this policy is still in effect, leading to confusion and concern over the treatment of vulnerable detainees.

Why it matters

The detention of pregnant and nursing immigrant women raises serious humanitarian concerns and has led to reports of women experiencing medical distress and even miscarriages while in custody. The administration's shifting stance on the relevant policy also undermines the credibility of the government's position in the eyes of the courts.

The details

The report cites several specific cases, including a six-month pregnant woman from Cape Verde who was rushed to the hospital after being held in a temporary ICE facility for three days, as well as a nursing mother from Myanmar and a pregnant woman from India who both experienced significant health issues while detained. Federal policy enacted under the Biden administration limits the detention of pregnant or nursing women to 'exceptional circumstances,' but the Trump administration has provided conflicting information to judges about whether this policy is still in effect.

  • In August, a Justice Department attorney told a federal judge the policy had been revoked.
  • Last month, another DOJ attorney said the policy was still in effect and binding on ICE.
  • A federal judge in Wisconsin recently demanded answers from DOJ on why a mother nursing a six-month-old was locked up, and DOJ said DHS could not find a reason to keep her detained.

The players

Djeniffer Benvinda Semedo

A six-month pregnant Cape Verdean national who was rushed to the hospital after being held in a temporary ICE facility for three days.

Trump administration

The current presidential administration, which has broadly come under fire for unreasonable detentions, leading to a surge in habeas petitions.

Biden administration

The previous presidential administration, which enacted a policy limiting the detention of pregnant or nursing women to 'exceptional circumstances.'

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What’s next

Federal judges are likely to continue pressing the Trump administration for clarity on its policy regarding the detention of pregnant and nursing immigrant women, in order to ensure the humane treatment of these vulnerable detainees.

The takeaway

The Trump administration's conflicting statements to the courts about its policy on detaining pregnant and nursing immigrant women have eroded trust and raised serious concerns about the government's commitment to upholding the rights and wellbeing of these vulnerable individuals.