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A Salavadoran woman, five months pregant, waits to board a U.S. Customs and Border Protection bus after crossing the border from Mexico on April 13 in La Joya, Texas. Photo: John Moore/Getty Images

U.S. Immigration and Customs Enforcement will no longer detain most pregnant, nursing and postpartum undocumented immigrants, per a new policy released Friday.

Why it matters: The policy is the latest move by the Biden administration to ease immigration detention policies implemented during the Trump administration.

  • The policy reverses a Trump-era rule passed in 2017 that “ended the presumption of release for all pregnant detainees," per the Washington Post.
  • ICE detained pregnant individuals more than 4,600 times from 2016 to 2018, according to a Government Accountability Office report.

The big picture: ICE's new policy expands on Obama-era rules that exempted most pregnant individuals from immigration detention.

  • The Biden administration's policy also includes those who gave birth within the year and those who are nursing.
  • The language in the new policy will be gender-neutral, acknowledging that transgender men can give birth, marking another change from prior policy, according to the New York Times.

What they're saying: "ICE is committed to safeguarding the integrity of our immigration system and preserving the health and safety of pregnant, postpartum and nursing individuals," acting ICE director Tae D. Johnson said in a statement.

  • "Given the unique needs of this population, we will not detain individuals known to be pregnant, postpartum or nursing unless release is prohibited by law or exceptional circumstances exist."

Of note: Pregnant and postpartum immigrants may still be detained if they pose "an imminent risk of death, violence or physical harm" or are a national security concern, according to ICE.

Go deeper: Biden's major border shake-up

Go deeper

DHS announces new deportation and enforcement guidance

Alejandro Mayorkas speaks during a news conference at the White House in Washington, D.C. on Sept. 24, 2021. Photo: Al Drago/Bloomberg via Getty Images

Homeland Security Secretary Alejandro Mayorkas on Thursday announced new immigration enforcement priorities that seek to "take into account the totality of the facts and circumstances" in cases involving undocumented immigrants.

Driving the news: "The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them," per the new guidance. "We will use our discretion and focus our enforcement resources in a more targeted way."

Appeals court allows Biden administration to resume Title 42 expulsions

Migrants are processed at Paso Del Norte International Bridge in El Paso, Texas before being expelled to Mexico under Title 42. Photo: Paul Ratje/AFP via Getty Images

The Biden administration can resume use of a Trump-era policy that allows officials to rapidly expel migrants without chance of asylum, a federal appeals court in D.C. ruled Thursday.

Why it matters: The move will allow the Biden administration to enforce the controversial Title 42 program while it's being litigated. It was recently invoked to deport thousands of Haitian migrants in Del Rio.

Ben Geman, author of Generate
6 hours ago - Energy & Environment

Key clean power provision likely won't survive in Dems' spending bill

A construction worker walks along a dirt road at the Avangrid Renewables La Joya wind farm in Encino, New Mexico, on Aug. 5, 2020. Photo: Cate Dingley/Bloomberg via Getty Images

A pillar of Democrats' plans to speed deployment of zero-carbon electricity is likely to be cut from major spending and tax legislation they are struggling to move on a party-line vote, per multiple reports and a Capitol Hill aide.

Driving the news: The New York Times, citing anonymous congressional aides and lobbyists, reports that West Virginia Sen. Joe Manchin (D) has told the White House he "strongly opposes" the Clean Electricity Performance Program.