Montreal Gazette

TEEN IMMIGRANT DETAINED IN U.S. FIGHTING TO GET ABORTION.

‘DAYS MATTER’

- ANN E. MARIMOW MARIA SACCHETTI AND

• U.S. Federal judges weighing the case of a Central American teenager seeking to end her pregnancy seemed inclined on Friday to resolve the issue without wading into the explosive mix of immigratio­n and abortion law — but at the same time acknowledg­ed that such action may be impossible.

The judges recognized that finding a sponsor in the United States to take custody of the teen, who is being held in Texas after crossing the border illegally, may not be feasible in time for her to terminate her pregnancy. She is 15 weeks pregnant, and Texas bans most abortions after 20 weeks.

“Fairly quickly matters. We’re at a point where days matter,” Judge Patricia Millett said during the emergency hearing before the U.S. Court of Appeals for the D.C. Circuit.

The 17-year-old’s case reached the federal appeals court in Washington after a District Court judge on Wednesday ordered government officials to allow the teen to have an abortion “without delay.”

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.

At oral argument on Friday, Judge Brett Kavanaugh pressed the government’s attorney several times about why it appears to have a different policy for the teenager, who is identified in court papers as “Jane Doe,” than it has for pregnant women locked up in federal prison and for adult women in immigratio­n detention.

For those women in federal custody, he noted, the government does facilitate abortions.

Undocument­ed immigrant minors are overseen by the Department of Health and Human Service’s Office of Refugee Resettleme­nt. Under the Trump administra­tion, that office has actively discourage­d teens in its custody from having abortions, according to court filings.

The government’s lawyer, Catherine Dorsey, told the court Friday that incarcerat­ed women do not have the same options as the pregnant teen: returning home to seek an abortion or finding a legal sponsor.

The three-judge panel did not indicate when a ruling would be issued, but Kavanaugh said it would come “soon enough.”

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