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Mother's Day petition demands CBP limit detention of pregnant, postpartum and nursing parents

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SAN DIEGO (KGTV) — On Mexican Mother’s Day, there are calls for better treatment of pregnant, postpartum and nursing people in U.S. Customs and Border Protection custody.

“It is horrifying to hear the stories and observe the images,” said Monika Langarica, a senior staff attorney with UCLA’s Center for Immigration Law and Policy.

Langarica met ABC 10News outside the Chula Vista CBP Station. She says it was inside this station that her client, a young mother who was in CBP custody, was forced to give birth holding onto a garbage can for support — partially delivering the baby into her pants.

“They encountered her while she was in active labor; she asked for help, and they took her to the station where, unsurprisingly, she gave birth 20 minutes later.”

The incident in 2020 prompted a formal review by the Department of Homeland Security’s Office of Inspector General.

“Her newborn U.S. citizen baby spent the first night of the baby’s life on a concrete slab in a detention cell at the station behind me with nothing more than an aluminum blanket to keep the baby warm,” said Langarica.

While the report’s findings conclude that “Border Patrol provided adequate medical assistance to the mother and her newborn and complied with applicable policies,” it also found that Border Patrol’s “data on pregnant detainees is limited and the agency lacks the necessary processes and guidance to reliably track childbirths that occur in custody.” 

Langarica says that while CBP has made some changes, they are not enough.

She says their Mother’s Day petitionhas been signed by more than 1,200 people and organizations and was sent to the CBP commissioner on Friday.

It calls for improved reproductive care for those in custody — including limiting the time CBP detains people who are pregnant, postpartum and nursing, and ensuring those who receive care in offsite hospitals are not transferred back to CBP detention.

“We continue pushing for these changes that are well within the agency’s control so that our clients and the people we serve do not have to suffer in this way.”

ABC 10News reached out to CBP for a response to the petition. A spokesperson shared this statement:

"The health and safety of those in our custody is a top priority for CBP. CBP remains committed to ensuring compliance with its policies, including its policy on Transportation, Escort, Detention and Search [cbp.gov] and its Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody. CBP personnel will continue to prioritize health and safety and provide appropriate care for persons in its custody."