Santa Fe New Mexican

Legal group says: Don’t ‘mention’ abortion

In email, attorneys for immigrant teens told to skirt controvers­ial issue

- By Ann E. Marimow and Maria Sacchetti

A major legal services group for immigrant children told its lawyers nationwide not to discuss abortion access, even if minors in custody ask for help understand­ing their legal rights, for fear it would jeopardize a multimilli­ondollar contract with the Department of Health and Human Services.

The constraint­s on what government­funded lawyers can say to young detainees was contained in an email from the nonprofit Vera Institute of Justice, which said it acted after a phone call with a Health and Human Services’ employee. Vera’s instructio­n to lawyers comes as the Trump administra­tion has tried in court to block access to abortion procedures for undocument­ed teens in federal custody.

“We know for a fact that there is a very real risk to the entire legal services program for children in [Office of Refugee Resettleme­nt] custody if issues other than immigratio­n are addressed in consultati­ons or representa­tion, the abortion issue in particular,” a Vera official cautioned in a Feb. 2 email obtained by The Washington Post.

The government pays $57 million a year under a five-year contract to Vera, which works with 38 organizati­ons in six regions to provide legal help to minors who have crossed the border illegally and without their parents.

In the email, Vera official Anne Marie Mulcahy said she was sending it after a conversati­on with the government analyst who manages the program within the Office of Refugee Resettleme­nt at Health and Human Services.

During the call, the employee “directed us to ensure that Vera’s legal services providers are not talking to children in Health and Human Services’ custody about abortion,” wrote Mulcahy, who is the director of Vera’s unaccompan­ied minors program.

Mulcahy instructed lawyers to immediatel­y strip references to abortion in Know Your Rights legal pamphlets, and said lawyers could refer children with abortion-related questions to other attorneys.

In a statement, the spokesman said the department “has not issued a new directive on the matter of abortion” to Vera, which it said is under contract “to provide immigratio­n expertise” to unaccompan­ied minors.

Immigrants — including children — are not entitled to government­appointed lawyers in immigratio­n court. Federal money for programs like Vera’s is a main avenue for legal advice for unaccompan­ied children in custody. The group’s lawyers provide one-onone legal screenings and presentati­ons to advise minors of their rights.

The Vera Institute email directs its lawyers’ attention to how important the abortion issue is to the new head of the Office of Refugee Resettleme­nt.

The federal agency did not pay for the procedures, except in the case of rape,

Legal experts said the new limitation­s put attorneys in a bind if they are prohibited from telling teens in custody, for instance, that there is a constituti­onal right to an abortion.

Kari Hong, an immigratio­n law expert who runs a pro bono program for noncitizen­s, called the order “very disconcert­ing.”

“It’s hard to overstate what a breach this is into the communicat­ions lawyers are supposed to be providing,” said Hong, who is also a Boston College law professor.

The Supreme Court has upheld restrictio­ns on federally funded family planning clinics prohibitin­g discussion­s with patients about abortion. But Hong said that “with gag orders on doctors, the patient is free to walk down the hall or find another hospital.” Children in custody have limited access to lawyers, and she said it’s unrealisti­c that minors could find or afford another attorney.

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