The United States Department of Justice has come under fire for their fight to hinder an undocumented 17-year old immigrant girl’s abortion. The teenage girl who is known only as Jane Doe has been in federal custody since early September.
The American Civil Liberties Union represents the unknown girl, and they assure that they have already secured transportation to and from the abortion clinic as well as enough funding for the medical procedure, however, the DOJ keeps intervening and has delayed the abortion for 29 days, pushing the girl’s pregnancy into her second trimester.
Last Wednesday, a federal judge ordered the government to allow Jane Doe’s abortion, but the DOJ appealed District Judge Tanya Chutkan’s ruling to the U.S Court of Appeals for the D.C. Circuit and gave a galling argument to do so, that was posted on the Washington Post.
After being asked three times, gov't attorney conceded in D.C. Cir. that undocumented children are "persons" protected by the 5th Am.
— Brad Heath (@bradheath) October 20, 2017
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.”
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.
Published in The Washington Post
Surprisingly, the same federal agents that refused the girl’s right to an abortion, are the same that took her to a Christian pregnancy facility with the hopes of convincing her to not go through with the procedure. If that wasn’t odd enough, the officials also told the mother of the pregnant girl about her situation, thus violating her constitutional rights according to Judge Chutkan.
Well, that was horrifying. The US government refuses to state whether undocumented immigrants are even “persons” under the Constitution.
— Mark Joseph Stern (@mjs_DC) October 20, 2017
Last Friday, another federal judge was appointed to review the appealed case and Slate’s justice correspondent Mark Joseph Stern was at the hearing and judging by his Twitter posts, the journalist was profoundly taken aback by the DOJ’s ‘horrifying’ stance on immigrant rights, who according to Stern they refuse to acknowledge undocumented immigrants as ‘people’ under the constitution.
https://twitter.com/mjs_DC/status/92140171511874764
This polarizing situation comes as the Senate prepares to vote on Lindsey Graham’s 20-week abortion ban, that makes it illegal for a woman to have abortions after the 20th week of pregnancy, this legislation has already passed through the House. Abortion is technically legal everywhere, but some Republican states have used legal chicanery to hinder abortion services and make them inaccessible to the general public.
The DOJ says that undocumented immigrants who want abortions should self-deport. What if abortion is banned in their home country? Too bad.
— Mark Joseph Stern (@mjs_DC) October 20, 2017
DOJ is refusing to say that Jane has a constitutional right to an abortion. #JusticeforJane
— Jane's Due Process (@JanesDueProcess) October 20, 2017
BREAKING: Court rules to further delay Jane Doe's abortion. This is a dangerous decision. More to come.
— ACLU (@ACLU) October 20, 2017
https://twitter.com/rachsieg/status/921381536540299266
Article inspired by Splinter News // The DOJ’s Arguments for Preventing an Undocumented Girl From Having an Abortion Are Sickening