U.S. Immigration and Customs Enforcement has detained nursing mothers separated from infants as young as 8 months old, in apparent violation of its own policy.
A documented case in Nashville in 2026 kept a breastfeeding mother detained 700 miles away from her nursing infant and toddler for 12 weeks, prompting civil rights complaints and raising questions about whether the agency's written safeguards are enforced. ICE policy explicitly forbids this practice except in rare circumstances. The violation appears symptomatic of a broader gap: documented cases exist across jurisdictions, but no complete data tracks how often separations occur.
Table of Contents
- What ICE Policy Actually Says
- The Nashville Case
- Physical and Emotional Toll
- How Widespread Is This?
- Reporting and Next Steps
- Frequently Asked Questions
What ICE Policy Actually Says
ICE Directive 11032.4 prohibits ICE from detaining individuals known to be nursing for administrative immigration violations, except where legally required or in "exceptional circumstances" (defined as national security or imminent threat). Only senior field officials may approve detention of a nursing mother, and the agency must review continued necessity weekly.
The directive exists because detaining a nursing mother separates a dependent infant from nutrition and care, and forces abrupt cessation of breastfeeding—a health risk both mother and child face. The policy is clear. Its implementation is not.
The Nashville Case
In May 2026, a woman was arrested in Nashville without a warrant and detained in Louisiana. She was nursing an 8-month-old infant and a 2-year-old with Down Syndrome. She remained detained 12 weeks before civil rights advocates filed a complaint arguing the detention violated ICE's own directive.
According to Amnesty USA, no documented exceptional circumstances justified the detention. The mother was held 700 miles from her children while they remained in neighbor care. The Tennessee Lookout reported that the case prompted investigations by Amnesty International and the ACLU into whether the arrest itself—made without a warrant—followed agency protocol.
Physical and Emotional Toll
Nursing mothers separated from infants face immediate physical consequences. The separated mother reported experiencing pain and swelling from abrupt cessation of breastfeeding. Another detained breastfeeding mother suffered depression and pain from inability to pump, according to attorneys' accounts. Infants and toddlers also experienced documented harm.
In one case, attorneys reported the youngest child became inseparable from her mother after the detention, following her "everywhere she goes, including to the bathroom." Children in neighbor care during the mother's out-of-state detention missed critical medical appointments. These outcomes reflect the real-world cost of family separation for immigration enforcement.
How Widespread Is This?
The true scale is unclear. The Department of Homeland Security reported that ICE deported 363 pregnant, postpartum, or nursing women between January 1, 2025, and February 16, 2026, but advocates note that ICE collects complete data at only about 10% of facilities and has released no updated figures since February 2026.
At least three additional cases are documented beyond Nashville: a Mississippi woman separated from her 4-month-old at a worksite, and a Florida mother separated from her 1-year-old. The Mississippi case is disputed—ICE claimed the mother answered "no" to breastfeeding questions during intake, while her attorneys disputed that account. The dispute itself highlights the lack of independent oversight.
Reporting and Next Steps
If you or someone you know has been separated from a nursing infant during ICE detention, document the details: dates of detention, facility names, communications from ICE about breastfeeding status, and any medical or psychological effects on mother or child. Contact the ACLU's Immigrants' Rights Program or Amnesty International USA with your account. Both organizations investigate policy violations and file formal complaints with ICE Office of Professional Responsibility.
Complaints can also be filed directly with DHS at the DHS Office of Inspector General. Keep copies of all detention paperwork, medical records, and correspondence—these documents are essential to establishing whether ICE followed its own directive.
Frequently Asked Questions
Does ICE have to tell me whether I'm nursing before they detain me?
Yes. Directive 11032.4 requires identification of nursing status at intake. If you were asked and answered accurately but detained anyway without documented exceptional circumstances, that is a policy violation.
Can I be deported while nursing?
ICE policy prohibits detention for deportation proceedings while nursing, except in exceptional circumstances approved by senior officials. However, the Nashville case and others show the policy is not always followed. Document your status and request a supervisor review immediately upon detention.
Who investigates if ICE violates this policy?
The DHS Office of Inspector General, ACLU, Amnesty International, and other civil rights organizations investigate complaints. You can file directly with the IG at https://www.dhs.gov/oig, and with advocacy groups to ensure investigation.