Lawsuit: 2 Immigrant Teens in US Custody Can't Get Abortions

The American Civil Liberties Union says the Trump administration is blocking two pregnant teens in the country illegally and being held in custody from obtaining abortions
Dec. 15, 2017, at 9:49 p.m.



By JESSICA GRESKO, Associated Press

WASHINGTON (AP) — President Donald Trump's administration is blocking two pregnant teens in the country illegally and being held in federal custody from obtaining abortions, the American Civil Liberties Union said Friday, a repeat of the situation that led to a high-profile court fight earlier this year.

Both girls arrived in the country as unaccompanied minors and are being held in federal shelters, the ACLU said, though it didn't say where. The ACLU earlier this year represented a pregnant teen in the same circumstances in Texas, helping her obtain an abortion following a lawsuit.

On Friday evening, the ACLU filed court papers updating the lawsuit filed in that earlier case to include the two additional teens, saying the facts of their cases are similar. The ACLU is asking a federal judge to order the government not to interfere with or obstruct the girls' access to abortions.

"Both minors have asked their respective doctors and their shelters for an abortion, but to date," the government has "not allowed them to access abortion," the ACLU wrote.

The judge overseeing the case has set a hearing for Monday. The same judge previously ruled in favor of the ACLU's first plaintiff, referred to as Jane Doe.

Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions.

On Friday, HHS' Administration for Children and Families said, "The minors in this case — who entered the country illegally— have the option to voluntarily depart to their home country or find a suitable sponsor. If they choose not to exercise these options, HHS does not believe we are required to facilitate the abortion."

In court paperwork, the ACLU refers to the two new teens as Jane Roe and Jane Poe. It says 17-year-old Jane Roe learned in late November that she was pregnant during a medical examination while she was in federal custody. She decided to have an abortion but has not been allowed to, the ACLU wrote. The teen wanted to end her pregnancy by taking medication that essentially causes a miscarriage, but because of the government's "obstruction she is now past the point in pregnancy where she can have a medication abortion," the ACLU wrote. She is about 10 weeks pregnant, a court document says.

Court filings contain less information about the circumstances of the second teen, Jane Poe, who is also said to have "discussed her pregnancy options with a physician, and decided to have an abortion" but has not been able to have one, the ACLU wrote. The lawsuit says she "is quickly approaching the limit for abortion in the state where she is being detained."

The ACLU's earlier case involving Jane Doe concerned a 17-year-old who entered the U.S. illegally in September and was being held in a federal facility in Texas. She learned there that she was pregnant and obtained a state court order permitting her to have an abortion.

Federal officials refused to transport her or temporarily release her so that others could take her to get the procedure. She was ultimately able to obtain an abortion after federal courts sided with her, but the Trump administration has accused ACLU lawyers of misleading the government during the case. The Trump administration says ACLU attorneys' actions deprived administration lawyers of the chance to ask the Supreme Court to block the procedure, at least temporarily.

https://www.usnews.com/news/politics...-get-abortions

Oh my God, this is so sickening. Get these girls to the clinic or deport them. NOW! What kind of monsters would keep these girls locked up in our country and refuse them access to a legal procedure they pay for themselves?? This is Wack-O-Doodle DHS and DOJ. You're allowing your personal "pro-life" viewpoints to interfere with your duties and decency under our laws. We do not want any more anchor babies born in this country. Period. Maybe now we know why the bills that have been introduced all these years to end automatic birthright citizenship are all talk, no action.

FAST TRACK THE PREGNANT ONES OUT OF HERE!

GET THEM OFF OUR SOIL.

NO OUR CITIZEN...NOT OUR BABY...NOT OUR PROBLEM!

THE NEW "SCAM"...COME TO USA FOR AN ABORTION! SHIP THEM OUT ASAP!

For goodness sake. We are not the abortion capital of the free world and should never meet the demands of an illegal alien, nor should we reward them. I don't understand why, in view of their circumstance, we can't force release them to their own governments.

Based on the previous case we discussed on here last month, we knew this was coming and knew the ACLU would be right there to force the issue. Nothing in this article indicates the girls have the money are or willing to pay for their own abortion. The abortion would be taxpayer funded. The article also states the girls have the option of requesting a voluntary deportation or being released to sponsor. I don't agree with the later (release to sponsor) but at least then the government won't be forced to fund an abortion. Most would be sponsors would probably be an illegal family member or friend, which of course makes them hesitant to come forward.

Despite various rhetoric read in many articles about this particular issue of illegal alien minors in US custody, the federal government is prohibited by federal law from funding an elective abortion and has been since 1974. Any narrative that if these young girls are allowed an abortion that US taxpayers will be paying for it is absolutely 100% .... false. These disputes are not about the money, it's private non-federal money, they are about forcing young girls in captivity into childbirth against their will by refusing them ACCESS to the procedure, a Rosemary's Baby scenario.

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Originally Posted by Judy

Get these girls to the clinic or deport them. NOW! What kind of monsters would keep these girls locked up in our country and refuse them access to a legal procedure they pay for themselves??

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They have the "legal procedure" afforded them. They can consent to be immediately deported to their country where they can get an abortion and even reunite with their family. They don't belong here and this is just a strategy to stay.

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We do not want any more anchor babies born in this country. Period.

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We need to modify our laws to exclude citizenship to any baby born in the U.S. to a person in this country illegally, PERIOD!

Whether they have an abortion or not makes no difference in their "stay" process. I would prefer they were turned around at the border, but Congress passed a law during the Obama Administration to require them taken into custody in this crazy refugee program over at DHS.

Yes, we should have a law passed to end birthright citizenship for children of illegal aliens. Legislation has been in the Congress to do this for years, but just dies in Committee. Maybe next year ... !! I sure hope so.

Our government should not be forcing pregnant girls or women into childbirth against their will by denying them access to an abortion. They don't deny American detainees, they don't even deny illegal alien detainees who aren't minors. What they're doing with these illegal alien female minors is sick, perverse and illegal, so they need to stop it.

Yep, let's just give them all abortions so more will come seeking the same benefit. :roll:

Seriously, rewarding or offering a benefit to anyone coming here illegally is never a good idea! When you want more of something, just reward those that came before and you'll get your wish. Hmm, seems that's the problem we're having now with all illegal immigrants. As far as I'm concerned illegal immigrants are not protected under our constitution and have no right to make demands or requests that would benefit them.

Bottom line, we don't won't to become known as the abortion capital of the world and certainly don't want to acquiesce to the demands of illegal aliens. To surrender to the demands of illegals will act to invite more in!

I have no problem at all with our country being known as the abortion capital of the world. I much prefer that over being known as the Anchor Baby capital of the world.

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Originally Posted by Judy

I have no problem at all with our country being known as the abortion capital of the world. I much prefer that over being known as the Anchor Baby capital of the world.

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And you have no problem with enticing more illegal immigrant minor children by acquiescing to their demands? Giving illegals another reason to come here is a non-starter for me.

I have no problem with allowing a detained illegal alien access at her expense or with private money being transported to a clinic to terminate an unwanted pregnancy. None whatsoever.

They can take their unborn rat and their money...and get deported off our soil within 24 hours.

Put them in detention on THEIR soil.

We need Congress to change the law to do that, Beezer. The idiots passed a law during the Obama Administration requiring DHS to put these UAC's collected at the border in the custody of this crazy Office of Refugee Resettlement in the Department of Health and Human Services at taxpayer expense for what is proving to be years per UAC. Now Scott Lloyd is refusing to take the ones who are pregnant and want an abortion to the clinic to terminate their pregnancies. The government doesn't pay for the procedure, the girls or some private group pays for it, so taxpayers aren't paying for the abortions, we're paying for all their other 24 hour care while they're in detainment, except for any abortion procedures. This is sick and perverse to force any girl or woman, let alone a minor into childbirth against their will. This is an Anchor Baby Mill started by this administration. Disgusting. I don't think Trump is aware of it or he would do something, because this amounts to forced torture of these girls by the United States Government and is absolutely illegal.

Sign an EO to get them the hell off our soil in 24 hours with bonus awarded per head deported!

Double the bonus for the pregnant ones!

MAKE AMERICA GREAT AGAIN!

I don't know if an Executive Order can over-rule a statute, I don't think so. Congress must repeal that stupid law they passed and everyone and anyone who voted for it, needs to be given the boot and their butts kicked to the curb. We can not tolerate this type of stupidity in the US Congress any more. Straighten up and fly right or get the hell out of our government.

BY JACQUELINE THOMSEN - 12/18/17 07:19 PM EST

A federal judge on Monday ordered the Trump administration to stop blocking two immigrants in the U.S. without legal permission from obtaining abortions.

The judge granted the American Civil Liberties Union’s (ACLU) request for temporary restraining orders that would stop officials from preventing the women from having the procedures, but put the ruling on a 24-hour hold to allow the government time to file for a stay in appeals court.

The ACLU had sought to protect the two young women's ability to get abortions after immigrations officials initially blocked another immigrant here without legal permission from having a the procedure earlier this year.

The immigrant in that case, known only as Jane Doe, did eventually obtain an abortion.

The Office of Refugee Resettlement, the federal agency that oversees refugees and undocumented immigrants, had blocked the immigrants from having the procedures.

The administration had argued that the two women could leave the country or “find a suitable sponsor” in order to obtain an abortion.

“The minors in this case—who entered the country illegally—have the option to voluntarily depart to their home country or find a suitable sponsor. If they choose not to exercise these options, HHS does not believe we are required to facilitate the abortion," the Department of Health and Human Services (HHS) said in a statement about the case last week.

The ACLU celebrated the ruling and vowed to continue fighting to allow other undocumented immigrants to have abortions.

“The judge’s decision is a reminder that both the law and justice are on our side. We’ve already seen the courts rule in favor of Jane Doe, and today justice prevailed for two more young women like her,” Brigitte Amiri, a senior staff attorney with the ACLU Reproductive Freedom Project, said in a statement.

“Unfortunately, the Trump administration has shown no indication that they’ll abandon their cruel and dystopian crusade to block abortion access for some of the most marginalized people in our country. We’re prepared to keep fighting for as long as we need to.”

The Trump administration condemned the ruling Monday.

“We are deeply disappointed in the decision to grant a temporary restraining order that will compel HHS to facilitate abortions for minors when they are not medically necessary," the department said in a statement.

"A pregnant minor who has entered the country illegally has the option to voluntarily depart to her home country or identify a suitable sponsor. HHS-funded facilities that provide temporary shelter and care for unaccompanied alien minors should not become way stations for these children to get taxpayer-facilitated abortions.”

http://thehill.com/homenews/administ...grants-to-have

That's so dishonest. They aren't "facilitating", they're complying with the law. Since when is abiding the law "facilitating"? We need a law that prevents any adult to try to "facilitate" an unwanted birth on a minor. I'm ready to lock up these monsters.

DEPORT THEM NOW...PROBLEM SOLVED!

Need to change the law requiring detainment of UAC's first. Maybe in January they can do that.

These are illegal alien minors. By virtue of there minor status alone they should immediately be sent back home so their parents can be involved in the decision process and deal with the issue how they see fit. This liberal judge and the ACLU's main focus is to facilitate and an encourage more illegal immigration by offering a reward and/or benefit to illegal aliens. The message is clear ...... sneak across the border and we will take care of you. Absolutely disgusting!

Judge tells Trump officials to allow two 17-year-old immigrants to obtain abortions; government concedes in one case

David G. SavageDavid G. Savage Contact Reporter
December 18, 2017 5 pm

Trump administration officials must allow two pregnant teenage immigrants being held in detention facilities to see doctors about having abortions, a federal judge ruled Monday.

U.S. District Judge Tanya Chutkan in Washington issued a temporary restraining order that bars administration officials from preventing the two 17-year-olds from leaving the shelters. One of the immigrants is 10 weeks pregnant and the other is in her 22nd week, according to the judge’s order.

Officials are “required to transport” the two or allow them “to be transported, promptly and without delay … to an abortion provider, in order to obtain any pregnancy or abortion-related medical care,” the judge said. ​​​​​

Within an hour, administration lawyers said they would allow the girl who is 22 weeks pregnant to have an abortion.

But, moving with unusual speed, they asked the appeals court and the U.S. Supreme Court to grant a two-week stay to allow judges to consider an appeal in the case of the other teenager or for the government to find a private sponsor who could house her.

Officials have been blocking both teenagers from leaving the detention facilities, following a Trump administration policy that seeks to prevent any immigrant in detention from obtaining an abortion. The abortions would be paid for with private funds as the government does not provide or pay for abortions, except in cases of rape, incest or a threat to the woman’s life.

Without the stay, "an abortion is very likely to occur imminently," Justice Department lawyers told the courts. At issue, they said, is "whether the government must facilitate an abortion procedure that is not necessary to preserve the life or health of an unaccompanied minor who unlawfully entered the country."

Judge Chutkan, an Obama administration appointee, had agreed to put her order on hold for 24 hours to “preserve the opportunity to seek emergency relief from the D.C. Circuit” if the administration chooses to appeal.

ACLU attorney Brigitte Amiri accused the administration of a “cruel and dystopian crusade to block abortion access for some of the most marginalized people in our country.”

“We’re prepared to keep fighting for as long as we need to,” she said in a statement.

The judge’s order reignites a bitter battle between the American Civil Liberties Union and the Trump administration over abortion rights for young women taken into custody after crossing the border illegally. Minors who surrender to immigration officials after entering the U.S. without parents are usually kept in detention facilities.

Before this year, unaccompanied migrants in detention could obtain an abortion if they paid for it with private funds.

In March, the new administration adopted a policy that went a step beyond refusing to pay for abortions. The new rules prohibit federally funded shelters from taking “any action that facilitates” abortion without written “approval from the director of the Office of Refugee Resettlement.”

The new director, E. Scott Lloyd, is a former attorney for the the Catholic fraternal organization Knights of Columbus and a staunch opponent of abortion. In court documents, administration lawyers said that allowing a pregnant minor to leave a shelter to see a doctor “would entail facilitating an abortion.”

In October, the ACLU sued Lloyd and other Trump administration officials and accused them of wielding “an unconstitutional veto power” over abortion. They said “thousands of unaccompanied immigrant minors” were in government custody. Many of them fled to the United States because of abuse and sexual assaults in their home country, they said.

In response, the administration said these young women were free to leave the detention centers if they agreed to leave this country and to return home.

The ACLU won an order in October on behalf of a 17-year-old “Jane Doe” who was 11 weeks pregnant when she asked for an abortion. A Texas judge decided she was mature enough to make the decision on her own. And Chutkan ruled U.S. officials could not block her from seeing a doctor about an abortion.

The administration quickly appealed, and the dispute divided the U.S. Court of Appeals for the District of Columbia Circuit along ideological and political lines. In a 6-3 decision, the appeals court upheld Chutkan’s order. The six judges in the majority were Democratic appointees, including Chief Judge Merrick Garland, President Obama’s Supreme Court nominee who was blocked by Senate Republicans. The three dissenters were Republican appointees, including Brett Kavanaugh, a leading contender for the next Supreme Court seat under President Trump.

On the morning after the ruling, the teenager had an abortion before the administration could lodge an emergency appeal with the Supreme Court.

“This was a total surprise…. And we’re disturbed about it,” Atty. Gen. Jeff Sessions said in a Fox News interview.

A few days later, the administration sent an highly unusual appeal to the high court that accused the ACLU lawyers of deception and asked for some punishment against them. The justices have not acted on the request.

http://www.latimes.com/politics/la-n...218-story.html

Applying your personal religious beliefs instead of the law to your duties as government employees is a violation of the rule of law. Shame on the DOJ, shame on the Office of Refugee Resettlement, and if Trump doesn't get involved and bring this illegal charade to a halt, I will be an extremely disappointed Trump Cheerleader and shame on him.

Stop this vile, perverse, monstrous attempt to force minors against their will to breed anchor babies on our soil.

They are runaways from a FOREIGN country...send them back NOW!

Shame on the ACLU and the liberal illegal alien supporting judges they find to hear their case on this. Giving rewards/benefits to illegals just encourages more illegals to come here making demands! These are minor teenagers we're talking about. We should be sending them home to their parents, not giving them abortions!

The message we should be sending out to illegal aliens is, "hey, don't come here expecting anything or making demands," but instead we encourage them in and then reward them for coming. It's all so ludicrous! :mad:

These Judges aren't responsible for this. They're upholding our laws. Congress is responsible for this, because during the Obama Administration, Congress passed a law requiring Border Patrol to keep the unaccompanied minors in the US instead of turning them back at the border, and send them to the US Department of Health and Human Services which puts them in the care and custody of the Office of Refugee Settlement which is now trying to run an anchor baby mill out of the US government. That is why they can't be deported until after some long multi-year process which is why deportation is not possible under the law.

However, neither the Obama Administration nor the Congress passed any law empowering any agency in the US government to deny access to abortion procedures to terminate an unwanted pregnancy. This administration is violating the law with these disgusting shenanigans trying to prevent these girls from access to an abortion, which every girl or woman in the US has a right to, whether illegal or not. This issue of abortion prevention started with this administration and if Trump has personally had anything to do with it would be in my opinion an impeachable offense.

You can not allow these religious wackos to abuse their powers of detainment and imprisonment to violate the laws of our country while they serve in government positions.

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Originally Posted by Judy

These Judges aren't responsible for this. They're upholding our laws. Congress is responsible for this, because during the Obama Administration, Congress passed a law requiring Border Patrol to keep the unaccompanied minors in the US instead of turning them back at the border, and send them to the US Department of Health and Human Services which puts them in the care and custody of the Office of Refugee Settlement which is now trying to run an anchor baby mill out of the US government. That is why they can't be deported until after some long multi-year process which is why deportation is not possible under the law.

However, neither the Obama Administration nor the Congress passed any law empowering any agency in the US government to deny access to abortion procedures to terminate an unwanted pregnancy. This administration is violating the law with these disgusting shenanigans trying to prevent these girls from access to an abortion, which every girl or woman in the US has a right to, whether illegal or not. This issue of abortion prevention started with this administration and if Trump has personally had anything to do with it would be in my opinion an impeachable offense.

You can not allow these religious wackos to abuse their powers of detainment and imprisonment to violate the laws of our country while they serve in government positions.

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You're defense of this is very telling! Furthermore, these are minor children we're talking about here, not adults. Most states, by law, require the approval or notification of at least one parent. Sure, most, if not all, of these states can override the requirement through a so-called "judicial bypass" but is that really the way to go considering these children are not legal residence of these country or any one state? I say hell no!

- Why would you want to reward or benefit any illegal?
- Why would you want to acquiesce to the demands of an illegal alien?
- Why would you want to encourage more illegal immigration?
- Why would you want to completely ignore the parents role in the decision making process?

Trump and the DOJ are right in this because they at least have the foresight to recognize that this will actually encourage more illegal immigration.

Any parent who lets their minor child have unprotected sex to begin with has no say on what this minor decides to do with the result unless the minor chooses on their own to discuss it with the parents. Minors are not property to force into forced breeding programs in collusion with rogue government officials abusing their power and authority to violate US law.

This is all going to blow up in the faces of these right-wing religious zealots in our government, and rightly so.

Just my opinion.

As to illegal immigration, I'm not concerned at all about 3 pregnant girls in the custody of a Catholic Fanatic as fostering illegal immigration because they choose to end a pregnancy, I'm worried about the 30 million illegal aliens roaming our land and the 1 million plus who cross our borders every year, most of whom are men.