Skeptical appeals panel delays abortion for teen immigrant
WASHINGTON — A divided federal appeals court delayed final resolution of the case of a 17-year-old pregnant migrant in federal detention who is seeking an abortion, giving the Trump administration until the end of this month to find a private sponsor who can house her and will allow her to obtain the procedure.
The 2-1 ruling, written by Brett Kavanaugh, a conservative judge appointed by President George W. Bush, said that if the government failed to find a sponsor by Oct. 31, the teen can return to a district court that earlier this week ordered the government to allow her to get an abortion by this weekend.
During oral argument of the case Friday, judges on the panel made clear that they hoped to avoid making a decision that could have significant ramifications on abortion law.
Kavanaugh repeatedly pressed lawyers on whether the conflict could be solved by moving the teen from the shelter where she is detained to the custody of a family member or other sponsor.
“We’re being pushed in the span of 24 hours to make a sweeping constitutional ruling,” he said. The third judge on the panel, Karen Henderson, also a Republican appointee, joined Kavanaugh’s decision but indicated she did not fully agree with his reasons.
The teen, called Jane Doe to protect her identity, has been detained in a shelter in Texas since she crossed the border illegally in September. She is 15 weeks pregnant and wants an abortion, but the Office of Refugee Resettlement, now headed by a lifelong anti-abortion activist, is blocking her from getting one.
In a class-action lawsuit that could become a significant test of abortion rights, the ACLU says that the office’s policy is an unconstitutional infringement of the teen’s rights.
The administration has argued that it has no obligation to help her get an abortion while she is in detention, saying she could get out of the facility if she were willing to leave the country. Lawyers conceded, however, that Doe’s home country, which has not been identified, not allow abortions.
Brigitte Amiri, a senior staff attorney for the ACLU, said before the court’s ruling that the teen should not be forced to give up her rights to an immigration hearing in order to obtain an abortion.
“What they are actually doing is supplanting J.D.’s decision that an abortion is in her best interest,” she said. “We’re talking about whether the government can veto the decision.”
On Friday morning, activists with Planned Parenthood demonstrated outside the Health and Human Services Department building.
The Texas Catholic Conference of Bishops issued a statement supporting the administration’s position: “No one — the government, private individuals or organizations — should be forced to be complicit in abortion,” the statement says.
The resettlement office takes custody of minors who cross the border illegally and places them with a network of shelters run by churches and social organizations. does