Texas AG files brief defending state's right to deny abortions to undocumented immigrants



Swipe through to see a timeline of abortion regulation in Texas. less Texas attorney general Ken Paxton filed an amicus brief in defense of the government's right to deny contraception and abortions to illegal aliens.

Swipe through to see a timeline of abortion regulation in ... more Texas attorney general Ken Paxton filed an amicus brief in defense of the government's right to deny contraception and abortions to illegal aliens. Photo: Jon Shapley, Staff Photo: Jon Shapley, Staff Image 1 of / 107 Caption Close Texas AG files brief defending state's right to deny abortions to undocumented immigrants 1 / 107 Back to Gallery

Texas Attorney General Ken Paxton has filed an amicus brief with the U.S. District Court in San Francisco regarding a dispute over what health services the government - and religious organizations which have received government grants to provide healthcare services - are legally required to provide to undocumented immigrants.

The amicus brief is in response to a June 2016 lawsuit brought by the American Civil Liberties Union (ACLU) against the Department of Health and Human Services. At the crux of that lawsuit is a claim from the ACLU that the government is legally required to provide undocumented immirgants access to contraception and abortion.

In the amicus brief, attorney general Ken Paxton cites an undocumented immigrant whom he called "Doe," a minor female, who entered the U.S. without her parents. Doe asked for an abortion while at a shelter funded by the U.S. Department of Health and Human Services in Brownsville. When she was denied, Doe filed a lawsuit in Texas state court against Health and Human Services.

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"No federal court has ever declared that unlawfully-present aliens with no substantial ties to this country have a constitutional right to abortion on demand," Paxton said in a statement. "If 'Doe' prevails in this case, the ruling will create a right to abortion for anyone on earth who enters the U.S. illegally. And with that right, countless others undoubtedly would follow. Texas must not become a sanctuary state for abortions."

Paxton added that the ACLU is seeking to add Doe to its lawsuit in San Francisco. A request for comment has been made with the ACLU.

The lawsuit brought by the American Civil Liberties Union claims the government, through the Office of Refugee Resettlement ("ORR"), issues grants to private entities, including a number of religiously affiliated organizations, to help provide health services, according to court documents.

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Yet, according to documents obtained through the Freedom of Information Act,

"Defendants authorize a few of these religiously affiliated organizations—such as the United

States Conference of Catholic Bishops (USCCB) and its subgrantees across the country,

including Catholic Charities of Santa Clara County in California—to refuse on religious grounds

to provide information about, access to, or referrals for contraception and abortion, even if the

young person in their care has been raped," the court documents state.

Joining Texas on the amicus brief were Louisiana, Missouri, Nebraska, Ohio, Oklahoma, and South Carolina.

A request for comment has been placed with the Texas attorney general.