U.S. court sides with illegal immigrant
teen seeking an abortion
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[October 25, 2017]
By Lawrence Hurley
WASHINGTON (Reuters) - A 17-year-old
illegal immigrant in federal custody in Texas can have an abortion
immediately despite the objections of President Donald Trump's
administration, a U.S. appeals court decided on Tuesday in a ruling
spearheaded by Democratic-appointed judges.
The 6-3 ruling by the U.S. Court of Appeals for the District of Columbia
Circuit split along ideological lines, with Democratic-appointed judges
backing the teenager who requested an abortion and Republican appointees
siding with the Republican president's administration.
"Surely the mere act of entry into the United States without
documentation does not mean that an immigrant's body is no longer her or
his own," Judge Patricia Millett, appointed by Democratic former
President Barack Obama, wrote in an opinion supporting the ruling.
After the ruling, her lawyers asked a judge to allow the girl, who is
about 15 weeks pregnant, to have an abortion as soon as Wednesday. The
judge then issued an order saying the girl should be allowed to go to an
abortion clinic "promptly and without delay."
The appeals court ruling overturned a decision by a three-judge panel of
the same court last Friday that had prevented the girl from having an
immediate abortion. The administration still could ask the Supreme
Court, which has a conservative majority, to hear the case. A Justice
Department spokesman said officials are "reviewing the order" and
declined to comment further.
Judge Brett Kavanaugh, a Republican appointee, said in a dissenting
opinion that the court had embraced "a new right for unlawful immigrant
minors in U.S. government detention to obtain immediate abortion on
demand."

Another Republican appointee, Judge Karen Henderson, wrote separately
that she had little problem concluding that illegal immigrants do not
have a right to have an elective abortion.
"To conclude otherwise rewards lawlessness and erases the fundamental
difference between citizenship and illegal presence in our country,"
Henderson said.
But Millett wrote that Tuesday's decision "rights a grave constitutional
wrong by the government." The Supreme Court legalized abortion for
Americans in 1973.
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The case involves the intersection of two divisive social issues on
which Trump has taken a hard line: abortion and immigration. Among
the issues the dispute raises is whether illegal immigrant women
have the same rights to an abortion as U.S. residents.
The girl, whose nationality has not been disclosed, entered the
United States without any family in September and was immediately
detained by U.S. authorities and placed in a shelter in Texas for
unaccompanied illegal immigrant minors.

'BASIC DECENCY'
"Every step of the way, the Trump administration has shown their
true colors in this case. It's clear that their anti-woman,
anti-abortion, anti-immigration agenda is unchecked by basic decency
or even the bounds of the law," said Brigitte Amiri, an American
Civil Liberties Union lawyer who represents the girl.
"No one should have to go to court to get a safe, legal abortion,"
Amiri added.
In Friday's decision, the three-judge panel ruled 2-1 that the girl
must delay plans for an abortion while the U.S. Department of Health
and Human Services (HHS) signed off on a person who could act as an
official U.S. sponsor, allowing her to get the procedure without
government involvement.
The administration said in legal papers that while the girl is in
federal custody, she is subject to its policy of refusing to
facilitate abortions.
"And the government may legitimately express a preference for
childbirth over abortion, even if such a preference may have
practical effects or limits on a woman's exercise of her right to an
abortion," the government said.
The teenager had sought and received a Texas court order to approve
the abortion because she is under 18, and had scheduled a sonogram
and consultation with a physician, as required by state law. But the
government refused to let her leave the detention center to carry
out those steps.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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