Thread: Judge orders Trump administration to allow abortion for illegal alien teen

Immigration
Judge orders Trump administration to allow abortion for undocumented teen

A view of the E. Barrett Prettyman Federal Courthouse. (Evan Vucci/AP)

By Maria Sacchetti October 18 at 4:32 PM

A federal judge on Wednesday ordered the U.S. government to allow an undocumented teenager in its custody to have an abortion, after saying she was “astounded” the Trump administration was trying to prevent the procedure.

Lawyers for Attorney General Jeff Sessions signaled to U.S. District Judge Tanya S. Chutkan in Washington that the 17-year-old, who crossed the border from Mexico illegally last month, did not have a constitutional right to an elective abortion in federal custody, unless it was a medical emergency.

Chutkan, an Obama administration nominee, said the government appeared to be presenting the teenager identified in court papers as “Jane Doe” with two options: Voluntarily return to a nation she fled to procure an abortion, or carry an unwanted pregnancy to term.

“I am astounded by that position,” Chutkan said in a 40-minute hearing that was mostly consumed by a back-and-forth between the judge and Scott Stewart, a deputy assistant attorney general.

She ordered the government to transport the teenager to have the procedure — or allow her guardian to transport her — “promptly and without delay.”

Lawyers for the American Civil Liberties Union, which is representing the girl, asked Chutkan for an emergency restraining order to prevent the government from blocking the girl’s plan to have an abortion. They also sought a preliminary injunction to protect others seeking abortions.

The judge said she would issue a ruling by 5 p.m.

ACLU lawyer Brigitte Amiri argued that it was “out of any sort of constitutional bounds” for the U.S. government to block the teenager’s legal right to an abortion, which is preserved in the 1973 Supreme Court Roe v. Wade ruling. A federal magistrate judge in California agreed with the ACLU earlier this month but said she could not rule in the case because the girl is detained in South Texas.

But Stewart told the judge that pregnant undocumented minors from other countries are not entitled to abortions, and said in court records that opening the door to that right “would significantly infringe on the government’s interests in preserving life and protecting national boundaries.”

“I respectfully disagree that she’s entitled to an abortion” facilitated by the government, he said, noting that the girl’s case was not a medical emergency. In court filings, the government said it has “strong and constitutionally legitimate interests in promoting childbirth, in refusing to facilitate abortion, and in not providing incentives for pregnant minors to illegally cross the border to obtain elective abortions while in federal custody.”

Chutkan countered that the teenager does not need a medical emergency to exercise her right to an abortion. She said the girl had followed state and federal rules: She obtained permission from a state judge in Texas to have an abortion and would cover the expenses herself or with help through her court-appointed guardian.

All the government had to do, the judge said, is process the paperwork to let the girl visit the clinic, just as they would if she needed to have her tonsils removed.Stewart said the girl could also voluntarily leave the United States and find another way to have an abortion, and said the girl had chosen to remain in federal custody instead of returning home.

That claim appeared to irk the judge, who pointed out that the federal workers took the girl, against her wishes, to a Christian pregnancy facility for counseling and also informed her mother about the abortion. Both steps potentially violated the girl’s constitutional right to privacy and other protections, Chutkan said.

“The government certainly had no problem taking her against her will to receive pregnancy counseling, which was designed to change her mind,” Chutkan said. “The government didn’t seem to have any problem facilitating that.”

The judge and Stewart also sparred over whether some aspects of the law remain undisputed.

Chutkan asked Stewart if he thought illegal immigrants had constitutional rights and if he believed that Roe v. Wade, which guarantees a woman’s right to an abortion, is still the “law of the land.”

Stewart acknowledged the Supreme Court’s ruling but said the government views this case differently because the teenager is an undocumented immigrant in federal custody.

He also said undocumented immigrants have “minimal” protections in this country.“I’m not going to give you a concession on that your honor,” he said.

The judge laughed. “This is remarkable,” she said.

During the hearing, Chutkan also answered her own questions, saying the girl’s legal status was “irrelevant” and that “despite the fact that she’s in this country illegally, she still has constitutional rights.”

The teenager is 15 weeks pregnant, and Texas bars most abortions after 20 weeks.

The girl’s native country was not identified during the hearing, and it is not clear that abortion is legal in her homeland if she were to return home. She was apprehended in the United States in September after crossing the U.S.-Mexico border.

https://www.washingtonpost.com/local...=.164e1c1f9e4e

Teenage Illegal Immigrant Crosses Border To Get Abortion. Now It’s Up To A Judge If She Can

“I respectfully disagree that she’s entitled to an abortion” facilitated by the government, he said, noting that the girl’s case was not a medical emergency. In court filings, the government said it has “strong and constitutionally legitimate interests in promoting childbirth, in refusing to facilitate abortion, and in not providing incentives for pregnant minors to illegally cross the border to obtain elective abortions while in federal custody.”

No, the government has NO legitimate interest in promoting childbirth. None whatsoever.

What a truly disgusting display of religious-based stupidity by this government.

NO MORE GOVERNMENT-FORCED ANCHOR BABIES!

Thank you Judge Chutkan, thank you ACLU. Thank you very very much.

She should have been immediately deported and sought medical treatment elsewhere. Terribly wrong.

Originally Posted by GeorgiaPeach

She should have been immediately deported and sought medical treatment elsewhere. Terribly wrong.

They can't deport her immediately because of the law that Congress passed concerning Unaccompanied Minor Children (under 18) caught at the borders. The law requires they be taken into custody, detained and turned over to the US Department of Health and Human Services (DHHS), not DHS, but DHHS. Trump has requested that this law be changed, and I sure hope Congress pays attention and repeals this stupid law so these minors are bounced back out of here immediately on the spot.

But even then, medical treatment is going to be provided to any illegal alien who enters the US so there's no stopping that and if a person needs an abortion, there is no alternative under our laws and Constitution and the natural law of common sense to ensure they have immediate access to the procedure.

Originally Posted by Judy

They can't deport her immediately because of the law that Congress passed concerning Unaccompanied Minor Children (under 1 caught at the borders. The law requires they be taken into custody, detained and turned over to the US Department of Health and Human Services (DHHS), not DHS, but DHHS. Trump has requested that this law be changed, and I sure hope Congress pays attention and repeals this stupid law so these minors are bounced back out of here immediately on the spot.

But even then, medical treatment is going to be provided to any illegal alien who enters the US so there's no stopping that and if a person needs an abortion, there is no alternative under our laws and Constitution and the natural law of common sense to ensure they have immediate access to the procedure.

You're offering a narrative here that is ignoring one very important fact. There is no federal law that denied the woman the right to accept the voluntary return that was offered her. According to the article she was offered a voluntary return to her own homeland. Instead, she chose to continue flaunting our immigration law by demanding to stay and receive the reward she broke the law to receive ....... an abortion. The abortion is an elective choice, not necessary medical treatment as you're implying.

I can't believe you're siding with an Obama seated judge and the ACLU on this. The ACLU is using this girl to say the girl has a constitutional right to a taxpayer funded abortion. They could really care less about the girl, it's their pro-choice agenda they're concerned about. I guess you feel some sort of loyalty to your pro-abortion roots. However, this goes much deeper than that. Authorizing this means we're sending out the message to all illegal or legal immigrants that it's okay to come here for a taxpayer funded abortion ....... come one, come all ........ American taxpayers want to pay for your abortion. Absolutely ridiculous!

During the hearing, Chutkan also answered her own questions, saying the girl’s legal status was “irrelevant” and that “despite the fact that she’s in this country illegally, she still has constitutional rights.”

Such B.S. As an illegal alien the girl has no constitutional rights here!

Left Using Illegal Immigrant To Push U.S.-Sponsored Abortions For Non-Citizens

At issue is whether the United States will expand its mission to ending the lives of preborn infants for all those who travel here illegally.





By Kristan HawkinsOCTOBER 18, 2017

The story of a pregnant teenager, an illegal alien, has captured attention as the American Civil Liberties Union and abortion industry argue the United States should open its doors to all seeking abortion. Naturally, they believe that U.S. taxpayers ultimately should pay for it.


At issue is whether the United States will expand its mission to ending the lives of preborn infants for all those who travel here illegally, whether the United States should become the home base of International Abortion Inc.



The Central American teen illegally entered the United States through Texas, where state officials placed her in a private facility contracted by the Department of Health and Human Services Office of Refugee Resettlement. According to reports, the girl said she sought an abortion because she was worried her parents might abuse her if they found out she was pregnant.


Because Texas law requires either parental or judicial signoff for an underage girl seeking an abortion, attorneys intervened to get a judge’s permission. However, Texas officials refused to allow the girl to be taken from state care to an abortion facility. Instead, they arranged for the young girl to talk with pregnancy care center volunteers to let her know her options were more than the death of her unborn child.


Do Foreigners Have a Right to U.S. Abortions?

Courageously, Texas Attorney General Ken Paxton weighed in on the case in an amicus brief, noting “(n)o federal court has ever declared that unlawfully-present aliens with no substantial ties to this country have a constitutional right to abortion on demand. The Court should decline to break that new ground.”


The establishment of some of universal right to abortion would add a whole new income stream for the abortion industry and new taxpayer burden, even before we consider the morality of becoming a destination for worldwide abortion. Attorneys general of Louisiana, Missouri, Nebraska, Ohio, Oklahoma, and South Carolina joined Paxton in opposing this unprecedented expansion of abortion.




Lost in this conflict is a discussion of how best to help this young girl. A real person behind the headlines needs care and guidance, not abortion. It’s a tragedy that the abortion industry will use this young girl to try and create a “safe haven” for abortion in the United States rather than trying to empower her future and the future of her unborn child.


The ACLU is not only seizing on this opportunity to push for expanded abortion access, it also wants to add the girl to a current lawsuit against the U.S. Conference of Catholic Bishops, even though they are not the caretakers for the teenager. Faith-based organizations are, however, on the forefront of care for immigrants.


Rather than embracing this long-term partnership between people of faith and immigrants in need, the ACLU wants to strip organizations like the Catholic bishops of federal funding for refugee and immigrant aid because they refuse to allow refugees and immigrants in their care to procure abortions due to church teaching on abortion. It is of course this respect for the dignity of human life that informs both the church’s role in resettling refugees and immigrants and its role in opposing abortion.


The Ultimate Goal: An International Jane Roe

Fundamentally, the ACLU and the lucrative abortion industry want to turn this teenager into an international Jane Roe, to create new court-mandated Roe v. Wade of sorts, requiring that U.S. taxpayers and governments facilitate the abortions of all who happen to be in the United States




​Now, the billion-dollar abortion industry could donate their “services” or fundraise to pay for international abortions. Instead, their consistent push is to “show them the money.” While they are fundraising from this case, claiming some monies will go to the girl, in fact, a so-called “right” to abortion for illegal aliens will result in major bills for U.S. taxpayers on behalf of non-citizens. As Paxton wrote in his brief: “Granting Plaintiffs’ motion for a TRO and preliminary injunction would create a right to abortion for anyone on Earth who entered the United States illegally, no matter how briefly. And with that right, countless others undoubtedly would follow.”


There are many great reasons to immigrate to the United States, but abortion should not be one of them. Shame on the ACLU and abortion industry for putting the future of a teenager in a virtual tug-of-war in court as a ploy to get their hands on even more money.



http://thefederalist.com/2017/10/18/...-non-citizens/

Ken Paxton's Brief.


https://www.texasattorneygeneral.gov...cachebuster:76

Let her have an abortion at her own expense.

No freebies on the taxpayers back!

Just like having tonsils removed: Judge orders Trump administration to allow abortion for illegal immigrant minor




Posted at 6:08 pm on October 18, 2017 by Brett


Here’s your feel-good story for the day, if you happen to work for the ACLU and believe that even illegal immigrants have a constitutional right to an abortion.


The Washington Post reports that U.S. District Judge Tanya S. Chutkan ordered that the 17-year-old, who crossed illegally into the United States from Mexico last month, be transported “promptly and without delay” to have the procedure.


Chutkan said the government, which has the girl in federal custody, seemed to have presented the teen with two options: return to Mexico voluntarily and have the abortion there, or carry the child to term.


Deputy Assistant Attorney General Scott Stewart said in court filings that the government had a strong interest “in not providing incentives for pregnant minors to illegally cross the border to obtain elective abortions while in federal custody.” Stewart noted that the girl had chosen to remain in federal custody than to return home and that her pregnancy was not a medical emergency.

Chutkan countered that the teenager does not need a medical emergency to exercise her right to an abortion. She said the girl had followed state and federal rules: She obtained permission from a state judge in Texas to have an abortion and would cover the expenses herself or with help through her court-appointed guardian.


All the government had to do, the judge said, is process the paperwork to let the girl visit the clinic, just as they would if she needed to have her tonsils removed.

Chutkan said the teen’s legal status was “irrelevant” and that “she still has constitutional rights” despite being in the country illegally.



Constantin Querard

@CQuerard



Ever wondered what liberals want our courts' decisions to look like? This headline is pretty much their ideal decision.
Washington Post


@washingtonpost


Federal judge orders Trump administration to allow abortion for undocumented teen



*******************

Conservative Review

@CR


Where in the Constitution does it say federal judges can force another branch of gov’t to allow non-citizens the right to murder babies?
Washington Post

@washingtonpost


Federal judge orders Trump administration to allow abortion for undocumented teen


**************



Dan DeLamater

@DanDeLamater



A teen’s abortion, “as if she needed to have her tonsils removed”. When in federal custody. While here illegally. Instead of returning home.
Washington Post


@washingtonpost


Federal judge orders Trump administration to allow abortion for undocumented teen


*****************

Buzzard Skedeebeck

@BuzzSkedeebeck


We're going straight to Hell. Can't control #immigration. Can't control the murder of innocence. #America has become Earth's #KillingFields.
Washington Post

@washingtonpost


Federal judge orders Trump administration to allow abortion for undocumented teen



****************


(Tweets at link)
https://twitchy.com/brettt-3136/2017/10/18/just-like-having-tonsils-removed-judge-orders-trump-administration-to-allow-abortion-for