Pregnant illegal aliens will receive “full reproductive health care” while they’re in U.S. Immigration and Customs Enforcement (ICE) custody, including being taken to a state that grants abortion access.
“This memorandum serves as a reminder of existing ICE policies and standards requiring that pregnant individuals detained in ICE immigration custody have access to full reproductive health care,” acting ICE Director Tae Johnson wrote to Corey Price, the head of ICE’s Enforcement and Removal Operations arm. The memo was obtained by the Wall Street Journal and published on Tuesday.
Johnson continued; “This is also a reminder that, pursuant to existing ICE policy, it may be necessary to transfer a detained pregnant individual within an area of responsibility (AOR) or to another AOR, when appropriate and practicable, in order to ensure such access.”
Federal law forbids the government from financing abortions but is silent about transporting pregnant women to an abortion clinic.
ICE facilitates abortions for immigrants in its custody in cases of rape or incest, or when the life of the mother is threatened, according to ICE’s health regulations.
An official familiar with the memo said it would likely be sent later this week, and would represent the first law enforcement agency to reinforce reproductive rights in federal custody. ICE detains immigrants in the country unlawfully on civil immigration violations, many of them in the course of their asylum applications.
The memo is designed to short circuit the power of Republican governors, who are now free to impose abortion restrictions if state law allows. It’s part of the effort by Biden to demonstrate to abortion rights activists that he’s doing what he can to maintain abortion in states where it’s no longer completely legal.
It isn’t clear how many detained immigrants the new policy would affect. Under President Biden, ICE separately issued a policy last summer that instructs officers to avoid arresting or detaining pregnant women.
It adds to the suite of policies the Biden administration is rolling out to demonstrate its support for abortion rights. On Monday, for example, the Department of Health and Human Services told hospitals in new guidance that they are required to perform abortions and provide related services in emergency situations.
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In the Trump administration, immigration officials were accused of pressuring pregnant teenagers not to have an abortion. That case ended when a federal court determined the administration overstepped its bounds by denying minors the right to an abortion.
Are we sure that unaccompanied minors today aren’t being pressured to abort their child? The idea that only one side in this debate pressures a pregnant girl is absurd. But since abortion is seen as “the right thing to do” if you’re a pregnant teenager, we’ll never hear how kids were talked into aborting their babies.
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