Rep. Underwood presses CBP on May 5 policy rescission for pregnant and postpartum detainees

Representative Lauren Underwood, ranking member in the hearing exchange, urged Acting Commissioner Flores to reinstate or replace a CBP policy governing care for pregnant and postpartum noncitizens and infants that the agency rescinded in a May 5 memo.

Underwood told Flores the policy ‘‘is what keeps moms in custody healthy’’ and described the standard the policy created as ‘‘barely the basics’’ — items such as a place to sit or lie down and an extra juice or snack for pregnant and breastfeeding mothers. She pressed, ‘‘Will you commit to immediately reinstating this policy, or a new one…that reflects the current dynamic with lower levels of encounters that would have higher standards for pregnant and postpartum moms?’’

Flores replied that he would ‘‘take that back, Congresswoman, as we look through this.’’ He said the policy changes reflected a shift in custody numbers: from peaks that included ‘‘20,000 people in custody every single day’’ to current custody levels he characterized as ‘‘anywhere from 500 to 7,800 individuals in custody’’ and ‘‘less than 300 a day come across our borders’’ during lower recent flows. He said with smaller populations in custody, CBP can operationalize care and meet requirements without the prior space-based accommodations that were needed during surges.

Underwood said the committee ‘‘would be willing to find the resources to properly care for pregnant moms, postpartum moms, kids, elders that are in CBP's care’’ and that she would continue to press the agency on reinstating standards.

The exchange distinguished policy rescission (administrative action) from operational care: Underwood argued the written baseline policy was necessary to direct officers to provide basic care; Flores said lower custody levels meant physical space constraints that prompted the earlier policy are no longer present but agreed to review reinstatement or an updated policy.

The subcommittee requested written follow-ups on standards of care and how CBP will ensure baseline treatment for vulnerable people in custody.