Thread: Appeals court to review judge’s order allowing abortion for undocumented immigrant

Appeals court to review judge’s order allowing abortion for undocumented immigrant

By Maria Sacchetti and Ann E. Marimow October 19 at 6:26 PM

A young undocumented immigrant’s legal battle to end her pregnancy will move to a federal appeals court Friday, with lawyers for the Trump administration arguing that the government is not obligated to facilitate an abortion for someone in the country illegally.

Government lawyers are seeking to halt a judge’s ruling Wednesday that ordered officials to allow the teen, who is being held in Texas after crossing the border illegally, to have the abortion this week “without delay.”

She is in her 15th week of pregnancy. Texas bans most abortions after 20 weeks.

Federal officials say the 17-year-old, who entered this country in September, could solve the problem herself by voluntarily leaving or finding a sponsor in the United States to take custody of her. “The Administration stands ready to expedite her return to her home country,” the White House said in a statement.

But the American Civil Liberties Union, which is representing the teenager, says she is entitled to have an abortion, which she would pay for, under the 1973 Supreme Court ruling in Roe v. Wade.

They say the teen, who is from Central America, was abused by her parents and cannot easily return home. And although she has relatives in the United States, she may not find a sponsor in time to terminate her pregnancy.

“It is not appropriate to use abortion as a bargaining chip,” said Brigitte Amiri, her ACLU lawyer. “She shouldn’t have to give up that right.”

It remains unclear whether the teen could legally obtain an abortion in her home country. The ACLU has not released her nationality to preserve her privacy.

On Wednesday, U.S. District Judge Tanya Chutkan in Washington sided with the ACLU and ordered the government to swiftly allow the teenager, identified in court papers as Jane Doe, to meet with a doctor for counseling that the state requires at least 24 hours before an abortion. The meeting would clear the way for the teen to have the procedure Friday or Saturday, the judge ruled.

But the Justice Department appealed, and a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit immediately stayed part of Chutkan’s order. The panel said the temporary halt was intended to “give the court sufficient opportunity to consider the emergency motion for stay and should not be construed in any way as a ruling on the merits of that motion.”

The judges — Karen LeCraft Henderson, Brett M. Kavanaugh and Patricia A. Millett — allowed the teenager to undergo the state-mandated counseling Thursday.

The ACLU said an abortion provider will be ready to perform the abortion Friday if the appeals court rules in the teen’s favor.

The teenager is being held at a shelter near the Mexican border that is overseen by the U.S. Department of Health and Human Services, which is responsible for undocumented minors caught crossing the border without family.

She learned she was pregnant following a medical examination after she was taken into federal custody, her lawyer said. Federal officials denied her request to terminate the pregnancy on Sept. 27, citing the Trump administration’s policy of “refusing to facilitate abortions.”

Under the administration of President Barack Obama, the government did not pay for abortions except in the case of rape, incest or a threat to the woman’s life. But officials did not block immigrants in U.S. custody from having abortions at their own expense.

The ACLU has asked the lower court judge to extend any protections offered to the 17-year-old to other unaccompanied, undocumented minors who are pregnant and in U.S. custody.

If the teenager does not obtain an abortion this week, her lawyers said, she may have to go to another health center hundreds of miles away because of scheduling problems and clinic hours. Texas law requires that the same doctor counsel a patient and perform the abortion.

The Supreme Court has ruled that the government cannot impose an “undue burden” on a woman’s right to terminate her pregnancy in the early stages.

In its court filings, the Justice Department said the U.S. government has a “legitimate interest in promoting fetal life and childbirth over abortion.”

“HHS does not impose any ‘undue burden’ on her ability to get an abortion merely by refusing to facilitate it,” the government wrote. “Courts have recognized that the government may legitimately refuse to facilitate abortion without violating a woman’s constitutional rights.”

Attorneys general from nine states, including Texas, Missouri and Ohio, are backing the federal government, saying in a court filing that there is no “constitutional right to abortion on demand.”

https://www.washingtonpost.com/local...=.b17c452af8e5

Not sure why another thread was started on this because we already have a 4 page thread running. However, I will say the same thing here I said on the other thread:

No benefits or rewards for illegal aliens!

So:

1. she didn't come here to get an abortion
2. she is paying for the abortion, not taxpayers
3. she discovered she was pregnant following a medical exam while in federal custody
4. she was taken to a Christian talk you out of abortion shelter by federal authorities
5. she came here to flee abusive parents who were called by federal agents informing them of her pregnancy

All of this violates Roe V Wade. This isn't about illegal immigration because all illegal aliens in the US have access to abortions at their expense, and it's not about taxpayer funds because no taxpayer funds are paying for the abortion.

This is about the DHHS supported by the DOJ promoting a pro-life agenda through detention and by force against a 17 year old runaway. You're forcing a peculiar version of Christian values on her by forcing her into a shelter run by these people to not only restrain her but talk her out of her desire for an abortion, you are restraining her from a medical procedure available to any other girl or woman in the United States including illegal aliens, you have violated her right to privacy, a key component of Roe V Wade, you've violated not only Roe V Wade Supreme Court Ruling, you've actually violated the 14th Amendment treating her differently because of her nation of origin.

My strong and urgent suggestion to this administration and President Trump is GET A GRIP ON YOURSELVES and apply your legal gyrations on work site violations by employers and employees, massive border catch and release still ongoing due to fraudulent "credible fear" phony asylum claims, the DACA con artists, and illegal aliens using Medicaid to breed anchor babies on our soil at our expense to anchor themselves in our country through chain migration forever, which explains why Texas leads the nation in new immigrants during the past 6 years.

You are exposing yourselves as hypocrites extraordinaire and barbaric lawless monsters exploiting the fate of a 17 year old runaway from Central America to impress someone, and it's a hard guess right now just exactly who it is you're trying to impress with this, but let me assure you it is not your "BASE" of common sense Republicans, Independents and yes even some Democrats who put you in office and will see you through to a second term.

Judy wrote (excerpt);

This isn't about illegal immigration because all illegal aliens in the US have access to abortions at their expense, and it's not about taxpayer funds because no taxpayer funds are paying for the abortion.

Maybe for you it's not, but for most of the rest of us I'd say it is. As for who is paying, I seriously doubt it's her. Perhaps a pro-abortion charity will help, but we can't even be sure about that. Regardless of who pays for this illegal, who is going to pay for the thousands more that will come here seeking an abortion when the word gets out that America is the place for illegals to come for an abortion? I'll tell you who, it'll be us, the U.S. taxpayers. Allow this illegal to come here and legally receive an on demand abortion and precedent has been set!

Oh, and what specifically makes you feel the girl didn't come here for an abortion? Hmm, is it because she said so? That's funny, it seems I remember you saying in the past all illegal immigrants are liars.

NO BENEFITS FOR ILLEGAL ALIENS AND NO REWARDS FOR BREAKING THE LAW.

Due to the Hyde Act of 1974, no federal funds can be used to pay for abortion services.

Most women who come here illegally do not come for abortion services, they come here for breeding services like Sessions, Price, Paxton and the AGs of 8 other states are promoting, all at taxpayers expense. They're using illegal immigration to create anchor baby breeding factories paid for by American Taxpayers.

DISGUSTING!!

DEPORT HER NOW!

WHATEVER IT TAKES TO GET HER THE HELL OUT OF HERE!

SHE IS 17? PROBABLY A LIAR AND OLDER THAN THAT.

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Judge orders Trump administration to allow abortion for illegal alien teen