Thursday, November 30, 2017
Mother Jones (Nov. 29, 2017): Internal Emails Reveal How the Trump Administration Blocks Abortions for Migrant Teens, by Hannah Levintova and Pema Levy:
Jane Doe isn't the only teenage immigrant the Trump administration has tried to prevent from obtaining an abortion.
While the ACLU represented Doe in her ultimately successfully case to get an abortion, they continue to fight a class-action for other similarly-situation teens. These teens are pregnant and in government custody with the Office of Refugee Resettlement (ORR) within the Department of Health and Human Services. The ORR contracts with local shelters to house the minors.
The director of the ORR, Scott Lloyd, is an anti-abortion activist who has "changed ORR policy to prevent pregnant teens at these shelters from obtaining abortions."
As part of the ongoing lawsuit, the ACLU has obtained government emails showing the lengths to which the current administration will go to prevent an unaccompanied minor from seeking an abortion.
For example, ORR temporarily halted a medication abortion for one pregnant minor halfway through the procedure. In another case, ORR suggested that a pregnant minor scheduled for discharge from the shelter not be released until she had been counseled against receiving an abortion.
The ACLU says the government's efforts amount to a violation of the minors' Constitutional rights and defy Supreme Court precedent such as Roe v. Wade, which states the government cannot ban abortion. "They are effectively banning abortion for Jane Doe. I am still in shock that this is happening,” says Brigitte Amiri, a lead attorney for the ACLU.
One of the emails, published here, includes a redacted sender questioning whether the ORR's methods of approving (or not approving) a minor's pursuit of a judicial bypass are legal. A judicial bypass allows a minor who would otherwise need a guardian's permission for an abortion to get a court's approval to seek and receive an abortion without such parental or guardian permission.
The redacted email sender says:
My understanding is that the judicial bypass was created specifically so that the young lady does not need approval from her guardian (in our case the Director of ORR) to move forward with a term of pregnancy. Has this policy been vetted by your legal department? I anticipate there would be legal challenges to this policy.
Minors represented in this case have received judicial bypasses for their abortions from the courts, however the emails show that ORR nevertheless instructed the shelters not to allow it. It's unclear how those situations were resolved.
The release of these emails makes the government's targeted policies very clear, as the ACLU continues to fight for the Constitutional rights of unaccompanied and undocumented minors.