After the Trump administration’s repeated attempts to block an undocumented young woman from having an abortion, on Friday, an appeals court in Washington, D.C. ruled that she must be allowed to obtain an abortion.
A D.C. appeals court has ruled that an undocumented, pregnant teenager who is in U.S. custody must be allowed to have an abortion, but gave the federal government until Oct. 31 to find her a sponsor so that the government does not have to facilitate the procedure.
Jane Doe, as she is known, is a 17-year-old unaccompanied minor in custody at a facility in Texas. She originally requested an abortion on September 11th and though she received permission from a state judge to have the abortion without parental consent, the administration has tried numerous attempts to prevent her from doing so. The ACLU took her case to federal court this week and received a court order which prevented the administration from denying her access to an abortion—particularly because she is not asking the government to pay for the procedure nor transport her to a facility. However, the government has been relentless and is doing everything it can to force this young woman to carry a baby to term.
The Trump administration appealed, saying it is not obligated to facilitate an abortion in part because the U.S. government has an interest in “promoting child birth and fetal life.” Lawyers for the government say they are not denying the teenager the right to abortion guaranteed by the 1973 Supreme Court ruling Roe v. Wade, because the girl could voluntarily leave the United States and try to seek an abortion elsewhere or find a sponsor to live with in this country.
Since she doesn’t yet have sponsorship in this country, time is of the essence in this case. Jane Doe is already 15 weeks pregnant and at 20 weeks she will no longer be able to obtain an abortion in the state of Texas because it is illegal.
Brigitte Amiri, a lawyer with the American Civil Liberties Union who is representing the teenager, told the court that two potential sponsors had already fallen through and said the often lengthy process of approving a sponsor includes background checks and possible a home visit.
She urged the court not to set aside its obligation to protect the teen’s constitutional right to abortion just because she may eventually obtain a sponsor, and said the government is not acting in the teen’s best interest.
“They are supplanting their decision about what she should do with her pregnancy,” Amiri said. “That’s a veto power over her abortion decision.”
Unfortunately, it seems like the government’s plan is to run out the clock on her window to have an abortion. This is not only inappropriate—it is cruel and inhumane. We don’t know the circumstances of her pregnancy and why she wishes to terminate it. Many undocumented women are escaping sexual violence in their respective countries and also are victims of sexual violence as they make their way to and enter the United States. Those are all part of the nuance that link immigration and reproductive justice. But really, whether it was consensual or not, how she got pregnant shouldn’t matter. At the end of the day, she is old enough to make this decision, two judges have said as much and the government has absolutely no business trying to force her to become a mother if it’s not want she wants.
Let’s hope that she is able to obtain sponsorship soon and that Jane Doe receives the abortion she wishes to have and the justice and humanity she deserves.