TEXAS - A judge won't order federal officials to allow a pregnant 17-year-old undocumented immigrant being held in a Texas immigration facility to get an abortion.
She's only being identified as Jane Doe and is believed to be about 14-weeks pregnant. The teen crossed into Texas and is now detained by federal officials.
In a San Francisco federal courtroom, attorneys from the American Civil Liberties Union argued officials have prevented her from leaving the government-funded shelter she's staying in to undergo an abortion procedure. Her case is part of a larger push by civil rights organizations to allow abortion access for undocumented immigrants.
"It's pretty clear that none of the jurisprudence related to the constitutional right to an abortion have anything to do with someone's citizenship status," said Blake Rocap of the abortion rights group Jane's Due Process, which represents pregnant minors in Texas.
Texas Attorney General Ken Paxton questioned if undocumented immigrants have a constitutional right to abortions releasing a statement saying: "Texas must not become a sanctuary state for abortions.”
Anti-abortion groups also say they're concerned that granting undocumented immigrants the right to abortions could spark a flood of women seeking care coming over the border.
"We don't think Texas should be a tourist state or place women come seeking abortions," said Texas Alliance for Life Executive Director Joe Pojman.
But Wednesday's decision didn't end the debate over the constitutional right to abortion for undocumented immigrants. The judge in the case says it was being heard in the wrong court, which is why she issued the ruling, and says Jane Doe can still hear her case elsewhere.