Friday, 24 November, 2017

Judge Orders Trump Administration To Allow Undocumented Teen To Have Abortion

Jacquelyn Martin  AP Jacquelyn Martin AP
Melinda Barton | 19 October, 2017, 02:09

The 17-year-old (dubbed "Jane Doe" in court documents) in this case had immigrated to the USA on her own, and had been transported to a federally-run shelter for undocumented minors in Brownsville after crossing the border.

"Today's ruling is outrageous and sets a unsafe precedent", SBA List President Marjorie Dannenfelser said. Jane Doe was scheduled to receive an abortion September 28, but officials have refused to allow her to to visit the doctor who agreed to perform the abortion.

Most of these young girls fearless perilous journeys before finally crossing the border.

At a hearing Wednesday, U.S. District Judge Tanya S. Chutkan rebuked the government lawyers.

The American Civil Liberties Union (ACLU) is representing the 17-year-old.

"This ruling plays into the broader agenda of the ACLU, which is recklessly exploiting a teenage girl in order to make the United States a sanctuary state for abortion".

Wednesday's restraining order applies only to Jane Doe and no other unaccompanied minors who are now under the Office of Refugee Resettlement custody. Department of Justice lawyers filed for an emergency stay to block the judge's ruling. "Grantees should not be supporting abortion services pre or post-release; only pregnancy services and life-affirming options counseling", he wrote in late March.

The ACLU responded by filing a lawsuit against the government this summer.

"The shelter is under orders from the Office of Refugee Resettlement not to allow Jane Doe to access abortion", said Amiri. The ACLU argues that the Constitution confers on unlawfully-present aliens the right to an abortion on demand even when they have no ties to the US other than the fact of their arrest while present unlawfully.

Instead, as in the case of the 17-year-old "Jane Doe"-who is being held at a shelter in Texas-they are often taken to religiously-affiliated "crisis pregnancy centers", where they are given sonograms and pressured to carry their pregnancies to term". In at least one instance, Lloyd personally called a pregnant minor to talk her out of receiving an abortion.

The pregnant teen, who immigrated to the United States illegally, has exhausted to get an abortion for a while. 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. Both steps potentially violated the girl's constitutional right to privacy and other protections, Chutkan said.

Paxton continued, "The states have a legitimate and substantial interest in preserving and promoting fetal life, as well as an interest in promoting respect for human life at all stages in the pregnancy".

Without a court order preventing the state from interfering in the girl's abortion, "plaintiff J.D. will suffer irreparable injury in the form of, at a minimum, increased risk to her health and perhaps the permanent inability to obtain a desired abortion to which she is legally entitled", Chutkan wrote in her ruling.

Instead, the Department of Health and Human Services has taken them to pregnancy resource centers. She added that the agency refused to transport the minor themselves. Immigration and Customs Enforcement (ICE) appears to have changed its policy regarding the detainment of pregnant people and is no longer immediately releasing them, leading some women, featured in a complaint against ICE, to experience complications in their pregnancy, including miscarriage. This case shines a light on what appears to be a new, constitutionally-flawed directive out of the ORR office: No federal shelters caring for unaccompanied immigrants can allow minors to get an abortion without "direction and approval from the Director of ORR".