The Trump administration’s zero tolerance border policy, which removed thousands of children from the care and custody of their asylum-seeking parents, was finally reversed on June 20. Attorney General Jeff Sessions affirmed that the zero tolerance policy was created specifically to deter families from immigrating across the border. Republicans and Democrats reached across the aisle to condemn the policy, believing that children should not be used as pawns to punish families in ongoing legal limbo. [1][2][3]
Unfortunately, using children to punish families is not a new policy. In many states, health care providers are required to disclose to child welfare agencies any suspicion that an expectant mother may be using drugs during pregnancy. In 2014, Tennessee became the first state to criminalize and explicitly develop legal consequences in pregnancy, enabling child welfare penalties that include terminating a mother’s parental rights and forcing the mother into inpatient treatment programs. Today, in 24 states and the District of Columbia, women who abuse drugs during pregnancy face the potential removal of children from their care. [4][5][6]
These policies, like the border policy, were created with the intent of being a deterrent, to reduce prenatal exposure to drugs by intensifying the penalties for pregnant women who struggle with drug addiction during pregnancy. And, like the women at the border, low-income women and women of color[7] are the most affected by this state control. While it is important to promote the health of babies and protect them, the solution is not to punish the mothers.
Drug abuse among pregnant women in the United States is increasing. A national survey[8] showed that 5.4 percent of women (age 15-44) in the