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Vol. 82/No. 4 January 29, 2018
Immigrant teen wins over gov’t move to deny right
to abortion
BY LEA SHERMAN
A 17-year-old immigrant, known as Jane Moe, who had been detained by
U.S. immigration officials, has won her fight to have an abortion. Since
October, she is the fourth young woman to stand down efforts by the
Office of Refugee Resettlement to stop them from getting the procedure.
The agency is responsible for unaccompanied immigrant youth in U.S.
custody.
The government backed off and released Moe from custody and she can now
obtain the abortion she has requested.
“The government blocked her for more than two weeks, before deliberately
moving her out of their custody only when we filed to take them to
court,” American Civil Liberties Union attorney Brigitte Amiri said in a
Jan. 11 statement. Amiri filed the suit against the government that led
to Moe’s victory.
“We continue to pursue all avenues to ensure that no other young woman
like her is forced to continue a pregnancy against her will for purely
political reasons,” Amiri said.
Since October Jane Doe, Jane Roe, Jane Poe and now Jane Moe were each
barred from obtaining abortions until they went to court.
Even though the government’s regulations don’t contain such strict
rules, the Office of Refugee Resettlement has a blanket policy
prohibiting abortion unless the young woman’s life is in danger. The New
York Times has described Scott Lloyd, the head of the office, as a
longtime “anti-abortion crusader.”
Texas authorities back the federal agency, saying the courts are just
inviting “abortion tourism.”
Lloyd had written a memorandum arguing Jane Poe should be refused the
abortion even though she was eligible under the regulations because her
pregnancy was the result of being raped before fleeing to the U.S.
In the first three cases, the U. S. District court in Washington, D.C.,
ruled in the women’s favor.
Moe got the judicial waiver required by Texas law of all women who seek
abortions, had private funds available to pay for the expenses, and
staff in the shelter willing to accompany her to the clinic. She was
forced to go to “counseling” at an anti-abortion “Crisis Pregnancy
Center” and have a sonogram.
But it took the ACLU suit to get the government agency to back off.
Scott decided not to wait for a court ruling and released Moe.
Fight continues
After the Oct. 25 court decision clearing the way for Jane Doe’s
abortion, government lawyers appealed to the U.S. Supreme Court asking
it to dismiss all claims and wipe out the Washington district court
ruling because it might be used by other women.
The ACLU in turn filed a lawsuit, Garza v. Hargan, asking the court to
issue an order preventing the government from enforcing its “no
abortion” policy against other young women in custody.
Both cases await decision.
The rights of immigrants and women are intertwined in this important
fight for the unity of the working class. Women in the U.S. —
particularly working-class, rural and young women — continue to face
growing restrictions on their right to choose abortion.
There is no abortion provider in some 90 percent of U.S. counties.
Hundreds of state laws have been enacted in recent years that further
restrict abortion rights, including waiting periods, unnecessary
sonograms and draconian regulations on clinics.
Related articles:
Both of the bosses’ parties have disdain for immigrant workers
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