A federal judge on Wednesday ordered the U.S. government to allow an undocumented immigrant 17-year-old in its custody to have an abortion and said she was ”astounded" the Trump administration was trying to block the procedure.
Court filings in the case made clear that the Trump administration is actively trying to prevent minors in its custody from having abortions, a departure from federal practice under Obama.
Scott Lloyd, director of the Office of Refugee Resettlement, which cares for unaccompanied minors caught crossing the border until they can be reunited with family members, said in an email in March that federally funded shelters ”should not be supporting abortion services pre or post-release; only pregnancy services and life-affirming options counseling."
During the hearing Wednesday, Chutkan asked Justice Department lawyer Scott Stewart whether he thought illegal immigrants had constitutional rights and whether he believes that the 1973 Supreme Court ruling Roe v. Wade , which guarantees a woman's right to an abortion, is still the ”law of the land."
Stewart acknowledged the ruling but said the government views this case differently because the teenager is an undocumented immigrant in federal custody.
He signaled that undocumented minors do not have a constitutional right to an elective abortion in federal custody, unless it is a medical emergency, and also said immigrants here illegally 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.
Chutkan said the teen's immigration status was irrelevant and that she still had constitutional rights.
Chutkan said that by refusing to allow the girl to be transported from her detention facility to have an abortion, the government appeared to be offering the teenager two options: voluntarily return to a nation she fled to have an abortion; or carry an unwanted pregnancy to term.
”I am astounded by that position," Chutkan said.
In court filings, the Justice Department said the government 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 during the hearing that the teenager does not need a medical emergency to exercise her right to an abortion. She said the teen 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.
