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Court: Undocumented teen must be allowed an abortion | Court: Undocumented teen must be allowed an abortion |
(1 day later) | |
The Trump administration cannot prevent a teenage undocumented immigrant from obtaining an abortion in Texas, an appeals court has ruled. | The Trump administration cannot prevent a teenage undocumented immigrant from obtaining an abortion in Texas, an appeals court has ruled. |
The 17-year-old, identified only as Jane Doe, is 15 weeks pregnant. | The 17-year-old, identified only as Jane Doe, is 15 weeks pregnant. |
She requested an abortion at the government-funded shelter where she was placed after being apprehended near the Mexico border. | She requested an abortion at the government-funded shelter where she was placed after being apprehended near the Mexico border. |
However, a new policy implemented by the Trump administration has denied her access to a clinic. | However, a new policy implemented by the Trump administration has denied her access to a clinic. |
According to the American Civil Liberties Union (ACLU), Jane Doe came from an abusive home in an unnamed country in Central America. | According to the American Civil Liberties Union (ACLU), Jane Doe came from an abusive home in an unnamed country in Central America. |
Not long after crossing the border on 7 September, she was stopped by US border officials. | Not long after crossing the border on 7 September, she was stopped by US border officials. |
The ACLU says because she is an unaccompanied minor Jane Doe was transported to a government-funded shelter in Brownsville, Texas, under the jurisdiction of the Office of Refugee Resettlement (ORR). | The ACLU says because she is an unaccompanied minor Jane Doe was transported to a government-funded shelter in Brownsville, Texas, under the jurisdiction of the Office of Refugee Resettlement (ORR). |
While in ORR custody, Jane Doe was given a physical and told she was nine weeks pregnant. | While in ORR custody, Jane Doe was given a physical and told she was nine weeks pregnant. |
She asked the shelter staff to help her arrange an abortion. | She asked the shelter staff to help her arrange an abortion. |
Under Texas law, minors must obtain parental consent in order to have the procedure. | Under Texas law, minors must obtain parental consent in order to have the procedure. |
In late September, Jane Doe obtained a judicial waiver and had an appointment at a local abortion clinic for 28 September. | |
But the day before her appointment, she was denied transportation to the clinic after ORR officials intervened. | But the day before her appointment, she was denied transportation to the clinic after ORR officials intervened. |
"The federal government is holding Jane Doe hostage and preventing her from having an abortion," said Brigitte Amiri, senior staff lawyer for the ACLU. "It is blatantly unconstitutional." | "The federal government is holding Jane Doe hostage and preventing her from having an abortion," said Brigitte Amiri, senior staff lawyer for the ACLU. "It is blatantly unconstitutional." |
According to a new policy implemented by the Trump administration, no federally funded shelters can assist a minor in their custody to obtain an abortion without written authorisation from E Scott Lloyd, the director of the Office of Refugee Resettlement. | According to a new policy implemented by the Trump administration, no federally funded shelters can assist a minor in their custody to obtain an abortion without written authorisation from E Scott Lloyd, the director of the Office of Refugee Resettlement. |
In March, Mr Lloyd wrote in an email to colleagues that shelters receiving federal dollars "should not be supporting abortion services pre- or post-release; only pregnancy services and life-affirming options counseling". | In March, Mr Lloyd wrote in an email to colleagues that shelters receiving federal dollars "should not be supporting abortion services pre- or post-release; only pregnancy services and life-affirming options counseling". |
Mr Lloyd has long been a staunch pro-life advocate. The lawsuit alleges that he has personally contacted pregnant minors in ORR custody to persuade them not to go through with abortion procedures. | Mr Lloyd has long been a staunch pro-life advocate. The lawsuit alleges that he has personally contacted pregnant minors in ORR custody to persuade them not to go through with abortion procedures. |
According to court filings, Jane Doe was taken to a so-called "crisis pregnancy centre" where she was given an ultrasound and advised on alternatives to abortion. | According to court filings, Jane Doe was taken to a so-called "crisis pregnancy centre" where she was given an ultrasound and advised on alternatives to abortion. |
Her mother was also notified about the pregnancy, against Jane Doe's wishes. | Her mother was also notified about the pregnancy, against Jane Doe's wishes. |
Meanwhile, her pregnancy is at 15 weeks - abortions are illegal in the state of Texas after 20 weeks. | Meanwhile, her pregnancy is at 15 weeks - abortions are illegal in the state of Texas after 20 weeks. |
Lawyers for the US government argued that they were not preventing Jane Doe's access to an abortion. | Lawyers for the US government argued that they were not preventing Jane Doe's access to an abortion. |
They said she could leave the country or be placed in the care of a sponsor. | They said she could leave the country or be placed in the care of a sponsor. |
According to her lawyers, no viable sponsor has been approved for the teenager after a seven-week search. | According to her lawyers, no viable sponsor has been approved for the teenager after a seven-week search. |
On 18 October, US District Court Judge Tanya Chutkan agreed with the ACLU, and ordered that the teenager be transported "promptly and without delay" to a clinic. | On 18 October, US District Court Judge Tanya Chutkan agreed with the ACLU, and ordered that the teenager be transported "promptly and without delay" to a clinic. |
"I'm astounded that the government is going to make this 17-year-old girl who has received judicial authorisation for a medical procedure to which she is constitutionally authorised choose between a pregnancy that she does not want to go forward with to term or returning to the country from which she left," said Judge Chutkan. | "I'm astounded that the government is going to make this 17-year-old girl who has received judicial authorisation for a medical procedure to which she is constitutionally authorised choose between a pregnancy that she does not want to go forward with to term or returning to the country from which she left," said Judge Chutkan. |
However, after the federal government appealed, a DC Circuit Court of Appeals panel of judges ruled 2-1 that the government is not preventing Jane Doe's access to an abortion, because she should find a sponsor to take her out of government custody. | However, after the federal government appealed, a DC Circuit Court of Appeals panel of judges ruled 2-1 that the government is not preventing Jane Doe's access to an abortion, because she should find a sponsor to take her out of government custody. |
Her lawyers argued that the sponsorship process could take months. | Her lawyers argued that the sponsorship process could take months. |
The ACLU filed an emergency appeal to a full panel of 10 judges, which ruled that the original district court's ruling should stand, and Jane Doe should be transported from the shelter to have the abortion. | The ACLU filed an emergency appeal to a full panel of 10 judges, which ruled that the original district court's ruling should stand, and Jane Doe should be transported from the shelter to have the abortion. |
Jane Doe was able to have the abortion on 25 October after a nearly one month delay, and immediately afterward released a statement through her court appointed guardian. | Jane Doe was able to have the abortion on 25 October after a nearly one month delay, and immediately afterward released a statement through her court appointed guardian. |
"People I don't even know are trying to make me change my mind. I made my decision and that is between me and God. Through all of this, I have never changed my mind," she wrote. | "People I don't even know are trying to make me change my mind. I made my decision and that is between me and God. Through all of this, I have never changed my mind," she wrote. |
"No one should be shamed for making the right decision for themselves." | "No one should be shamed for making the right decision for themselves." |
Lawyers for the ACLU said they would proceed with a class-action lawsuit on behalf of all undocumented minors in federal custody who may seek abortion services. | Lawyers for the ACLU said they would proceed with a class-action lawsuit on behalf of all undocumented minors in federal custody who may seek abortion services. |