An illegal immigrant seeking an abortion is not a minor, contrary to her original claims, making it unlikely that the Trump administration will be able to stop her from aborting.
After the administration asked the court to delay a decision for two weeks regarding Jane Roe, one of two teenage illegal immigrants seeking an abortion, updated court documents showed that Roe is actually 19, meaning that the court will treat her as an adult rather than a minor. The case comes after the Supreme Court ruled illegal immigrant Jane Doe could have an abortion in a landmark case.
The Department of Health and Human Services (DHHS) cares for minors in custody, while illegal immigrants who are full adults fall under the provision of the Department of Homeland Security (DHS). Federal authorities will now transfer Roe to the DHS, under whose authority she will likely be allowed to abort, according to ABC News.
The new information will significantly affect the ongoing battle concerning two illegal immigrants who want the federal government to let them have abortions, the Hill reports. Lawyers with the American Civil Liberties Union (ACLU) are representing the two teens — Roe and Jane Poe who are 10 weeks and 22 weeks pregnant, respectively — in the court case. (RELATED: Trump Asks Supreme Court To Block Abortion For Illegal Immigrant).
The Trump administration’s appeal comes after U.S. District Judge Tanya Chutkan issued a temporary restraining order against administration officials Monday so that they could not stop the two illegal immigrants from having abortions. She also lifted a 24-hour hold on Poe’s ruling so that she can have an abortion immediately.
The government posited that it was not seeking to prevent a decision regarding Poe’s abortion because the the two teenagers’ cases differ substantially. (RELATED: More Illegal Immigrant Teenagers Ask The Federal Government For Abortions).
Chutkan ruled in late October that pregnant illegal immigrant Jane Doe — who was in custody in Texas — could get an abortion, according to Politico. The girl, 17, crossed the border illegally and was roughly 15 weeks pregnant when she had her abortion Oct. 25.
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