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Posted on 04-22-2010
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Pregnant and Shackled: Hard Labor for Arizona's Immigrants

By Valeria Fernández

a policy in 2003 that states: “A pregnant women will not be restrained in any manner while in labor, while giving birth, or during the postpartum recovery period.”

In 2008, the Federal Bureau of Prisons barred the shackling of pregnant inmates in federal prisons except when it was necessary for security concerns. U.S. Immigration and Customs Enforcement (ICE) doesn’t have a specific policy prohibiting their use. But advocates at the Rebecca Project, which is part of a national anti-shackling coalition, said they are in conversation with ICE to put regulations in place.

The practice of shackling women during childbirth is frowned upon by the American College of Obstetricians and Gynecologists. They say that shackling women during labor, delivery and post-partum is dangerous to a woman’s health and that of her unborn child.

Maricopa County is not unique in the practice of shackling pregnant women. Only six states in the nation have laws regulating the use of restraints on pregnant inmates: California, Illinois, New México, New York, Texas and Vermont.

Advocates are hoping to include Arizona on the list.

Voces por la Vida, a pro-life group in Phoenix directed by Rosie Villegas-Smith, is leading the charge for anti-shackling legislation.

“Undocumented women are the most vulnerable here because they don’t have a right to be released on bond,” she said.

Villegas-Smith says Arizona lawmakers are endangering the health of women and children in the name of fighting illegal immigration.

“I think a distinction has to be made and some humanity brought into Maricopa County laws, to allow [undocumented] nursing mothers and pregnant women to have their children outside of detention,” said Delia Salvatierra, Mendiola-Martínez’s immigration attorney.

When contacted by New América Media, Rep. Martha ...

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