Women’s Reproductive Rights As Immigrants

Hailey
10 min readNov 10, 2020

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April 2019

Introduction

In April of 2018, it was reported that women in United States immigration custody were having miscarriages and stillborn babies due to a lack of medical care. The idea that immigrants to America are welcomed is an idea that is not supported by proof. From the time that immigrants are detained at the border, they are treated like “animals.” This leads to various negative outcomes later in life, including mental health worries and lower graduation rates. Most importantly, mothers of nursing infants are often separated from their babies, leading to serious health consequences. This will go over the current state of immigration in regards to family separations and will focus specifically on how immigration affects breastfeeding mothers, followed by some suggested fixes to the system, policies, and laws to better help immigrants adapt to life in America as mothers and as growing humans.

The issues of women’s reproductive health while in United States immigration custody has recently come to light after an increase was found in the number of miscarriages suffered by women in United States immigration custody. Over twenty-eight women may have experienced miscarriages over the last two fiscal years. United States senators urged the Trump administration to reevaluate and reconsider their policies on detaining and caring for pregnant women. A letter was sent to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CPB) in early April of 2019 signed by senators Cory Booker, Kirsten Gillibrand, Kamala Harris, Amy Klobuchar, Bernie Sanders, Elizabeth Warren, and Catherine Cortez- Masto after a Honduran woman delivered a stillborn baby a couple of months ago when she went into early labor at a detention center for immigrants in Texas. Senators questioned ICE and CPB over these allegations but they did not respond to those requests (Silva, 2019). The lack of transparency from the administration as proven by the lack of response in regards to this issue shows that the administration does not care about the lives that are in their hands when those lives are immigrants, and even more so immigrant women.

Family Separations Policy

Immigrant children have been targets of ICE and CPB lately, which is apparent in the Family Separations Policy implemented by Mr. Trump’s administration. In 2017, a group of researchers found that separating families that are seeking refugee or asylum in the United States leads to various sources of future stress in their lives. The researchers used quantitative data to test the connection between family separation and refugees’ symptoms for PTSD, depression, anxiety, and psychological quality of life and they found a significant relationship. They went on to recommend against separating families due to this (Miller et al, 2017). There is much research that has been done on parental separations that finds negative outcomes and sees researchers calling for an end to this policy. An American Psychological Association study done in 2018 looked at the impact that United States immigration policies have on immigrant Latino/a- specific families in the United States. They found poorer mental health outcomes, with traumas from before and during migration to the United States causing the most fears. Researchers reviewed the flaws in current immigration guidelines and laws and followed up with alternative policies and resources that may better help these families adapt to live in the United States, much like Miller et al (Torres et al, 2018). It seems that no matter where an immigrant comes from, being subjected to inhumane and cruel conditions as a part of the process of moving to the United States will negatively affect them both in the short- term and in the long- term. With all of the research and pressure to make conditions reasonable for these humans- most of whom are fleeing to the United States in search of safety, the Trump administration should have already put a stop to this policy.

Even more alarming is the negative outcomes for breastfeeding mothers and nursing babies. While formula fed babies can have a bottle readily available at any given time, mothers who breastfeed have to pump and store their milk. Being separated from their babies can leave mother’s suffering from various negative health outcomes, including sepsis due to mastitis, an infection that is caused by blocked milk ducts. Furthermore, essentially starving babies or forcing a new and unfamiliar food source on them can lead to serious long- term consequences in many regards.

Studies have found that immigrants breastfeed their babies at a significantly higher rate than American- born mothers. One study, done on both immigrants and American- born mothers in low socio-economic statuses was done to examine the differences in breastfeeding rates. Researchers found that rates of breastfeeding for immigrant women declined the longer they had been in the United States (Rosenthal et al, 2018). This speaks to not only the culture of breastfeeding in the United States, but also the lack of education surrounding it.

A study done on mothers specifically with Mexican-origins and their infants, aged 6 months, 1 year, 2 years, and 3-and-a-half years showed the same results. Results showed dramatic differences in breastfeeding depending on how long the mother had lived in the United States. Separating mothers from their babies at the United States- Mexican border can, will, and does lead to early cessation of breastfeeding. Part of assimilating into the United States is adapting to new parenting habits, which includes a decreased rate of breastfeeding. It is important for Mexican mothers to protect their heritage and continue the breastfeeding tradition. Further education and support for breastfeeding Mexican-immigrant women who live in the United States is necessary to ensure that they are giving their babies the strongest start in life.

There are various reasons as to why women from poorer countries have higher rates of breastfeeding. First and foremost, it is completely free. The benefits of breastfeeding are even more important in poor and underdeveloped countries. Breastfeeding has been linked to a decreased likelihood of suffering from ear infections, urinary tract infections, gastrointestinal illnesses, and more in infants. In mothers, breastfeeding helps reduce the risk of iron-deficiency anemia, prevent postpartum hemorrhaging, and helps with postpartum weight loss. Long- term, breastfeeding reduces the risk of food allergies in infants, lowers the risk of obesity later in life, decreases the risk of diabetes, and more. For mothers, long- term health outcomes include a decreased risk for breast and ovarian cancers, lower blood pressure, a decreased risk of heart disease, and more (Paintal, 2011). Breastmilk is not just food for babies, it’s medicine and a preventative factor. Those who live in poor or underdeveloped countries are healthier and their babies are more likely to have positive future outcomes if they nurse their babies for months or years.

Unfortunately, when immigrant mothers flee to America, saving money and space with no formula, they are often separated from their babies if and when they are arrested by ICE, CPB, or other United States government immigration officials. An examination of families who were separated at the border was done by researchers just last year on families of parents who have children under the age of 6, including some nursing mothers of infants. They found that separations have a negative impact on children’s well- being and trust (Roth et al, 2018). Even babies, those young enough that they cannot speak, were found to have negative outcomes, including increased stress and trauma.

A similar study was done in April of 2019 through the use of interviews to explore parental separations and coping strategies that immigrant adolescence use. Researchers urge policymakers and others to help these adolescents cope positively with their immigration situation by utilizing “social support and activity engagement” as they are adaptable for use as coping skills with any and all cultures (Mueller et al, 2019).

Suggested Alternatives

It is clear that the current immigration policies of the Trump administration are traumatizing, ineffective, and are in violation of various laws (Roth et al, 2018). Many other countries have successful immigration systems that do not include separating families who are seeking a new and safer life.

The current Family Separation Policy implemented by top government administration officials in the United States contradicts international and national laws and treaties. The United States Federal Courts ruled prior immigration policies implemented by the Trump Administration to be in violation of the Fifth Amendment right to equal protection and due process and the First Amendment right to freedom of religious persecution. Furthermore, the religious factor in these immigration policies violate the United Nations Refugee Act of 1980 and the United Nations High Commissioner on Refugees (Iglesias, 2019).

Implementing more ethically and morally humane laws and policies will improve outcomes for immigrants and natural-born United States citizens alike. Studies have been conducted to look at the effects of the strict United States immigration policies on immigrants long- term. One study, done on Mexican-American youth who were both born in Mexico and whose families are from Mexico, was used to examine what eco-developmental factors predict high school and college graduation rates. Participants were evaluated between grades 7 through 11 and then surveyed 13 years later as adults. This study determined that positive aspirations about post- secondary plans, positive relationships with parents, and the GPAs of friends were all factors which predicted higher high school and college graduation rates (Chapin, 2019). Acceptance into the community and strong relationships with parents are two major factors that the current United States Immigration Policy neglects. This study proves that reversing those policies and accepting Mexican immigrants leads to many positive outcomes, both long-term and short- term.

Discussion

Mothers should not have to raise their children fearing what Marta Garza, an undocumented Mexican mother, describes as “alienation, marginalization, and the threat of deportation” when they are seeking safety, happiness, and acceptance into a new and foreign place (Farfán-Santos, 2019). Various alternatives to the current Family Separation policy have been suggested by lawmakers, politicians, doctors, researchers, and more.

United States senators sent a letter to ICE and CPB requesting further information on the treatment of pregnant women in US immigration custody, calling on those authorities to restore presumptive release for these women.

“In the absence of compelling evidence that the detention of a pregnant woman is necessary because she is a threat to herself or others, or is a threat to public safety or national security, the civil detention of an expectant mother for potential immigration offenses is never justified,” the letter read, urging ICE and CPB to release pregnant women from custody (Silva, 2019).

Furthermore, researchers have urged similar actions in regards to the Family Separation Policy, stating, “The government should pursue practice and policy options that keep families together in the least restrictive setting while their asylum claim is evaluated (Stone, 1999). One place to start would be to reinstate the Family Case Management Program, an alternative to detention approach that provides an affordable way to keep together families of immigrants until a determination is made in immigration court.” Miller et al agrees that prioritizing the family unit in immigration courts is a top priority. Another idea proposed is the use of monitoring devices worn by families until their day in court. Although this seems like a hassle, it allows undocumented residents to continue living in their communities while going through the immigration process (Roth et al, 2018). This idea falls in line with Laurie A. Chapin, who suggests stronger community ties to increase positive outcomes of immigrant adolescence (Chapin, 2019).

When it comes to breastfeeding, it is important that mothers’ cultural and ethnic backgrounds are taken into consideration when teaching about breastfeeding (Rosenthal et al, 2018). That includes ensuring that there are no communication barriers, that medical professionals are not denying women help due to lack of legal immigration status, and that they are followed up with until they have chosen to wean from nursing. Researchers conclude that “encouraging and supporting Mexican-origin women to maintain their cultural tradition of breastfeeding” can help them become culturally assimilated into the United States while also maintaining their original cultural traditions.

Conclusion

In conclusion, the Family Separation Policy of the 45th President of the United States, Mr. Donald J. Trump, and his administration are not only inhumane and illegal, but they damage the current and future lives of mothers and their breastfeeding children. When women come to the United States in hopes for a better future for their children, they anticipate that breastfeeding will be able to be maintained in the United States. They are currently being separated from their infants, locked in cages like animals, and deported back to the unsafe and unhealthy conditions that they are so desperately trying to escape. Revamping the immigration system and teaching our fellow citizens and neighbors to become more culturally aware and accepting to those who are not from this country are the two main ways to prevent further abuses to immigrants in the United States. “Culturally sensitive interventions, advocacy, and dissemination of research and policy” are necessary to prevent these occurrences from happening again (Torres et al, 2018). Currently, providing lawyers to those who are still in custody is a start to ending the current broken immigration system. Reuniting children with their parents, ensuring that the families have shelter, food, safety, clothing, and support and accepting them the way that the other countries who have agreed to the United Nations Refugee Act of 1980 and the United Nations High Commissioner on Refugees have will promote legal immigration and decrease the trauma and fear that immigrant children and families are facing.

Works Cited

Chapin, Laurie A. “Longitudinal Predictors for Mexican Americans’ High School and College Graduation: Individual and Ecodevelopmental Factors.” Taylor & Francis, Journal of Latinos and Education, 31 Mar. 2019, www.tandfonline.com/doi/abs/10.1080/15348431.2019.1588733.

Farfán-Santos, Elizabeth. “Undocumented Motherhood: Gender, Maternal Identity, and the Politics of Health Care.” Taylor & Francis, Medical Anthropology Cross-Cultural Studies in Health and Illness, 27 Mar. 2019, www.tandfonline.com/doi/abs/10.1080/01459740.2019.1587421.

Harley, Kim, et al. “The Effect of Time in the U.S. on the Duration of Breastfeeding in Women of Mexican Descent.” Maternal and Child Health Journal, U.S. National Library of Medicine, Mar. 2007, www.ncbi.nlm.nih.gov/pmc/articles/PMC3957412/.

Iglesias, Hannah H., “National Security and Discriminatory Refugee Admissions: How President Trump’s Immigration Policies Undermine U.S. International Legal Obligations” (2019). Law School Student Scholarship. 979. https://scholarship.shu.edu/student_scholarship/979.

Miller, Alexander, et al. “Understanding the Mental Health Consequences of Family Separation for Refugees: Implications for Policy and Practice.” American Psychological Association, American Journal of Orthopsychiatry, 15 June 2017, www.psycnet.apa.org/buy/2017-26158-001.

Muller, Holly A., et al. “A Qualitative Exploration of Parental Separation and Coping: Attachment Disruptions Among Newcomer Immigrant Adolescents.” SAGE Journals, Journal of Adolescent Research, 5 Apr. 2019, www.journals.sagepub.com/doi/abs/10.1177/0743558419839227

Paintal, Kajali. “Integrating Breastfeeding in Public Health Programming — Scientific Facts, Current Status and Future Directions.” Public Health and Nutrition in Developing Countries (Part I and II), 1st ed., Woodhead Publishing, 2011, www.taylorfrancis.com/books/e/9789380308753/chapters/10.1201/b18288-11.

Rosenthal, Ayelet, et al. “Effects of Immigration on Infant Feeding Practices in an Inner City, Low Socioeconomic Community.” Science Direct, Journal of the National Medical Association, 1 Sept. 2018, www.sciencedirect.com/science/article/pii/S0027968418301445.

Roth, Benjamin J., et al. Detached and Afraid: U.S. Immigration Policy and the …Child Welfare, 25 Sept. 2018, www.researchgate.net/publication/325805662_Detached_and_Afraid_US_Immigration_Policy_and_the_Practice_of_Forcibly_Separating_Parents_and_Young_Children_at_the_Border.

Silva, Danilella. “Senators Urge Trump Admin to Ease Policy on Detaining Pregnant Migrants.” NBCNews.com, NBCUniversal News Group, 8 Apr. 2019, www.nbcnews.com/news/us-news/senators-urge-trump-admin-ease-policy-detaining-pregnant-migrants-n991856.

Torres, Stephanie A, et al. “Immigration Policy, Practices, and Procedures: The Impact on the Mental Health of Mexican and Central American Youth and Families.” The American Psychologist, U.S. National Library of Medicine, Oct. 2018, www.ncbi.nlm.nih.gov/pubmed/29504782.

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Hailey

Hailey is a writer, parent, and activist. She has a degree in Women’s and Gender Studies and a minor in Political Science from Indiana University South Bend.