The right to access abortion care established under Roe v. Wade applies to all people in the United States, including those in immigration detention.151 The combination of restrictive state and federal laws and an administration that is actively working to undermine those rights violates the reproductive autonomy and constitutional rights of people in immigration detention. the conversation, but to change the country. Nondedicated facilities operate under a wider and inconsistent range of standards: the PBNDS 2011, as well as the older and more outdated PBNDS 2008, and the 2000 National Detention Standards; these older standards include less specific and comprehensive guidance, and they particularly lack information specific to women’s health care.57 According to analysis from the National Immigrant Justice Center, only about 20 percent of ICE facilities operate under the most up-to-date PBNDS 2011.58 In addition, only 65 percent of adult detention centers are actually contractually bound by one of these sets of standards.59 Due to the fact that nondedicated facilities often exist within criminal jails and prisons, there may also be confusion and conflict between ICE standards and the standards of the local facilities. Their stories of mistreatment and countless indignities show the harsh intersections of administration policies to cast immigrants—particularly immigrants of color—as undesirables undeserving of entry or humane treatment and to systematically erode women’s rights, particularly access to reproductive health care. All of the damage that detention does to mental health is significantly worse for people with prior mental health issues. The additional barrier of having to go to a judge to obtain a judicial bypass while in immigration detention is extremely onerous. Marshals Service, “Prisoner Health Care Standards,” available at, U.S. Customs and Border Protection, “National Standards on Transport, Escort, Detention, and Search.”, U.S. Customs and Border Protection, “CBP Interim Enhanced Medical Efforts (January 2019)” (Washington: U.S. Department of Homeland Security, 2019), available at, U.S. Customs and Border Protection, “National Standards on Transport, Escort, Detention, and Search”; S. Customs and Border Protection, “CBP Interim Enhanced Medical Efforts (January 2019).”, U.S. Immigration and Customs Enforcement, “ICE/DRO Detention Standard: Medical Care” (Washington: U.S. Department of Homeland Security, 2008), available at, U.S. Immigration and Customs Enforcement, “PBNDS 2011, Rev. v. Azar (Formerly Garza v. Azar and Garza v. Hargan).”, Amiri, “Brett Kavanaugh’s One Abortion Case.”, Guttmacher Institute, “State Facts About Abortion: Texas” (New York: 2019), available at, Guttmacher Institute, “Parental Involvement in Minors’ Abortions,” available at, Guttmacher Institute, “An Overview of Abortion Laws,” available at, Noguchi, “Unequal Outcomes: Most ICE Detainees Held In Rural Areas Where Deportation Risks Soar”; Guttmacher Institute, “Although Many U.S. Women of Reproductive Age Live Close to an Abortion Clinic, A Substantial Minority Would Need to Travel Far to Access Services,” Press release, October 3, 2017, available at, Anusha Ravi, “How the U.S. Health Insurance System Excludes Abortion” (Washington: Center for American Progress, 2018), available at, Gretchen Frazee, “What constitutional rights do undocumented immigrants have?”, PBS, June 25, 2018, available at, The proposed Women’s Health Protection Act would prevent the enactment of these types of restrictions on abortion access.
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