1. Short title This Act may be cited as the Stop Shackling and Detaining Pregnant Women Act . 2. Limitation on detention of pregnant women and mothers of newborns (a) Presumption of release (1) In general Except as provided in paragraph (2), the Secretary— (A) shall not detain an individual under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) who is known to be pregnant, lactating, or postpartum, pending a decision with respect to whether the individual is to be removed from the United States; and (B) shall immediately release any detained noncitizen found to be pregnant. (2) Exceptions The Secretary may detain pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) an individual who is known to be pregnant, lactating, or postpartum— (A) under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others; and (B) if such detention is the least restrictive means available to mitigate such threat. (3) Removal In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is— (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States