You may remember the case: A young pregnant immigrant woman called Jane Doe wanted an abortion, but officials at the Trump Administration’s Office of Refugee Resettlement (ORR) tried to unconstitutionally block her from obtaining one.
ORR officials forced this young woman into a medically unnecessary sonogram against her will, forced her to go to a “crisis pregnancy center,” blocked her from traveling to medical appointments, and told her parents she was pregnant–despite the fact that she secured a court order under Texas law enabling her to consent to her abortion without securing consent from her parents, who physically assaulted another daughter after discovering she was pregnant.
The ACLU successfully fought this unconstitutional and morally reprehensible government intrusion into Jane Doe’s medical decisions, and the young woman obtained an abortion in October 2017.
Jane Doe, however, isn’t the only young immigrant woman the government is trying to coerce into unwanted childbirth.
Currently, thousands of unaccompanied immigrant minors are in government custody. Many of these young people traveled to the United States fleeing abuse and torture in their home countries and have been sexually abused or assaulted either in their home countries, during their long journey to the United States, or after their arrival.
And as is true with everyone in the United States, the Constitution prohibits the government from imposing an “undue burden” on the right to obtain an abortion.
In December, the ACLU became aware of two additional unaccompanied immigrant minors in Office of Refugee Resettlement (ORR) custody in two additional states (other than Texas) who sought but were refused access to abortion by the government.
In the class-action lawsuit Garza v. Azar, the ACLU challenges the government’s policy of attempting to block pregnant immigrant minors’ access to abortion care, in violation of their rights. Rochelle Garza was Jane Doe’s guardian and serves to represent all “Janes,” unaccompanied immigrant minors in the custody of the Office of Refugee Resettlement in the lawsuit.
The Women’s Law Project proudly signed on to an amicus (“friend of the court”) brief in support of Rochelle Garza and the rights of all unaccompanied immigrant minors in the custody of the Office of Refugee Resettlement.
The 52-page brief was authored and filed by attorneys at reproductive justice, rights, and health organizations National Asian Pacific American Women’s Forum, the Center for Reproductive Rights, and the National Latina Institute for Reproductive Health. The brief argues that through explicitly anti-abortion policies enacted and enforced by ORR, the federal government exploits its power over the Janes by impermissibly controlling their reproductive decisions.
From the brief:
ORR’s policies demonstrate an alarming disregard for the Janes’ lives, health, humanity, and dignity. Contrary to Appellants’ assertions, ORR’s policies and practices place the physical and mental health of young immigrants at risk. By forcing disclosure of the Janes’ health information, subjecting them to biased and medically inaccurate counseling, and refusing to permit them to attend abortion-related health appointments, ORR subjects the Janes to a stigmatizing web of obstacles and then vetoes their decisions, denying them a choice in the outcome of their pregnancies and therefore their lives.
The Women’s Law Project is proud to stand with reproductive justice organizations fighting for the rights of immigrant minors.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing the rights of women and girls.
Sign up for WLP’s Action Alerts here. Follow us on twitter and like us on Facebook.
We are a non-profit organization. Please consider supporting equal rights for women and girls by making a one-time donation or scheduling a monthly contribution.
