According to Jennye Pagoada López, when she arrived on July 23 at the US-Mexico border, she was four months pregnant and bleeding. Seeking political asylum, Pagoada hoped to finally put an end to nearly 20 years of violence she and her family had suffered at the hands of the notorious gang Barrio 18—first in Honduras, then in El Salvador.
But instead of finding a new life in America, Pagoada was detained shortly after crossing the border and then sent to the Otay Mesa Detention Center in San Diego. Six days later, Pagoada says, she suffered a miscarriage, after being denied proper medical care. US Immigration and Customs Enforcement (ICE) claims she was never pregnant while in their custody.
The detention of pregnant women is a growing concern among immigrant-rights groups. On September 26, a coalition of seven groups, including the American Civil Liberties Union and the Women’s Refugee Commission, filed a complaint with the Department of Homeland Security (DHS) regarding the treatment of pregnant immigrants. The complaint cites media reports that 292 pregnant women were detained by ICE in just the first four months of 2017, a 35 percent increase compared to the same period in 2016.
The signatories write that they are “gravely concerned” with the conditions reported by pregnant women detained across the country, and with “the lack of quality medical care” provided. “In several of the cases, there is concern that women are receiving inadequate and sub-standard medical care during and after miscarriage,” the complaint reads. “In every instance, the women express concern that the conditions of their detention and pressure of preparing for their legal cases in detention has had a harmful impact on their pregnancies.”
The groups argue that these detentions contradict ICE’s own policy. An August 2016 ICE memorandum authored by the current acting director of the agency, Thomas Homan, instructs that “pregnant women will generally not be detained” unless there are “extraordinary circumstances or the requirement of mandatory detention.”
When Pagoada turned herself in at the San Ysidro Port of Entry, she expected to be released in accordance with this policy. She was escorted to the border by Luis Guerra, a legal advocate with the United Farm Workers Foundation. Advocates say they have repeatedly witnessed Customs and Border Protection (CBP) telling immigrants that “political asylum doesn’t exist” and turning them away. As a result, immigrant rights groups were redoubling efforts to ensure that when people like Pagoada arrived, someone was present to help them obtain their legal right to claim asylum.