Analysis Abortion

Roe at Forty: Today in Texas, it is Yesterday

Andrea Grimes

What does a future without Roe v. Wade look like? In a lot of ways, it looks like Texas, where those who are in the least ideal financial and socio-economic position to provide for an unplanned-for child are the ones for whom abortion--and contraception--is hardest to access.

Tuesday was the much-celebrated 40th anniversary of the seminal Roe v. Wade decision that legalized abortion in America. But today, Texans are waiting 24 hours for mandatory, forced trans-vaginal sonograms. Today, Texans are being turned away from clinics they’ve relied on for years for contraceptive care. Today, Texans are crossing the border into Mexico in hopes of ending unintended pregnancies. Today, Texans are choosing between the possibility of losing their jobs and the possibility of raising a family they can’t support.

Today in Texas, it is yesterday. 

Texas is the future of the past; it is a place where regressive politics and backwards thinking have resulted not in strong families and healthy kids but in 6.3 million uninsured people—the highest percentage of any state—and a consistently rising poverty rate.

Our governor, Rick Perry, makes no bones about the fact that he’d like to make abortion a thing of the past, not by increasing access to contraceptives and thereby reducing the number of unintended pregnancies, but by increasing funding to religious, ideologically- driven crisis pregnancy centers, forcing women to get mandatory trans-vaginal ultrasounds and listen to or read about medically-unfounded claims linking abortion to breast cancer and infertility. 

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“In Texas, we’ve worked hard to strengthen our abortion laws to the greatest extent possible under Roe v. Wade,” the governor said in a statement released on Tuesday. This is precisely the tactic, and an effective one, that conservative lawmakers and their religious-right backers have taken in Texas: if abortion can’t be made illegal, it can at least be made so difficult to get that only a very few people have access to it.
Perry claims that this reduction in access to abortion will “empower families and protect our children’s future.”

What it does, instead, is ensure that people have less control over the size of their families because the state government works to diminish access to both the means of preventing unintended pregnancies, and to the one safe, legal and common medical procedure available to women facing them. The result? A state where more and more people rely on public assistance every year. Texas has America’s highest number of citizens on food stamps, sees somewhere between a fifth and a quarter of its population living in poverty, and taxpayers here help fund 223,128 Medicaid-funded births per year (the second highest in the nation).

The state has dismantled its highly successful, money-saving Medicaid Women’s Health Program this year, preferring to shell out $40 million per year on a new, state-run program, all for the privilege of thumbing its nose at Planned Parenthood, with the ultimate result of vastly reducing access for low-income Texans to the free contraception and cancer screenings the WHP provided at a fractional cost to the state. In 2011, the state legislature cut family planning funds by two-thirds; as a result, numbers from the Texas Department of State Health Services show that the state is spending $37 more per family planning client to serve fewer than half the number of clients it saw two years ago. Paying more to do less.

In light of these facts, it is hard to see why reducing access to family planning and safe abortion care is anything but a step backwards. Abortion is, of course, technically legal in Texas. But if we want a preview of what a world without Roe v. Wade might look like, Texas is, sadly, a pretty good test case.

Because having the right to an abortion isn’t nearly the same thing as having access to one, Rewire reached out to activists, non-profit leaders and abortion providers in Texas, asking the question: Who really has access to safe abortion care in Texas?

“Women living in the major urban areas who have insurance that covers abortion or access to the funds have the greatest access to abortion in Texas,” said Heather Busby, the executive director of NARAL Pro-Choice Texas. But “if you are a young woman, a low-income woman or a rural woman, your access is severely limited.”

Texas requires women seeking abortion to undergo trans-vaginal ultrasounds 24 hours before their procedures unless they can prove they live farther than 100 miles from an abortion provider. During the ultrasound, doctors must show and describe the image to their patient, who can look away or choose not to listen. (The state makes an exception to the law for those who are aborting non-viable fetuses.)

This means Texans must make two appointments, at least 24 hours apart. They must come up with the funds for their abortion in a matter of days, and the cost of an abortion goes up as a pregnancy advances. A $250 procedure at eight weeks becomes a $500 procedure just a couple of weeks later, and there are fewer doctors who provide later procedures. Cities with multiple providers will have overall lower abortion costs; in areas like Corpus Christi on the Gulf Coast, where there are fewer or perhaps only one provider, costs will be higher and appointments harder to make.

Shailey Gupta-Brietzke, who volunteers with the Lilith Fund, a non-profit organization that helps Texans fund their abortions, says that travel issues are a major barrier to Texans seeking abortions.

“There’s a lot of travel that’s required,” she says. Especially for Texans who live, say, 40 to 99 miles from their providers. They must take off work—if they have jobs that allow them to do so without fear of being fired—to drive or ride public transportation, an all-day affair when clinics aren’t just down the street.

And more than half of Americans who get abortions are already mothers, which means finding child care for the children already at home while they travel to and from their doctors.

Lilith Fund president Amelia Long hears frequently from these women: “A poor woman who works an hourly job, doesn’t have a car and can’t pay someone to take care of her children—she can’t take that time off and she doesn’t have the money to pay for it all.”

Because Texans of color tend to have fewer economic resources than whites, she says, “obtaining an abortion is a far greater financial strain on a black or Latino family than it is on a white family.”

And because of the swiftly rising cost of abortion with every week of pregnancy, a woman won’t “have months to set aside a few dollars here and there,” explains NARAL’s Heather Busbee. “We’re talking about mere days or weeks of coming up with what is likely the majority of her monthly income.”

The cost of the procedure is just one aspect of what it takes to fund an abortion; many women may need to stay overnight in a hotel and come up with bus fare or gas money to get to their clinic. What would be a $250 procedure for a woman in an urban area who already has, or can quickly access, the money in time for an abortion at eight weeks can turn into thousands of dollars for a woman who has to save or borrow before she can travel to her provider.

For undocumented women in Texas, the stakes are even higher. They fear that, in trying to access abortion, their information will be shared with government agencies.

“There are a lot of huge barriers in place for undocumented people,” says Gupta-Brietzke. “You have to show residency, a photo ID to show who you are, and where your address is to see if you’re within the hundred miles” of a provider. Women wonder, she says, “Is this something that’s going to be sent to other agencies? Is my confidentiality at risk?”

Those fears aren’t unfounded; new abortion reporting requirements enacted in 2013 mean the state is gathering more information than ever about Texans who seek abortion.

Minors in Texas also face challenges when they seek out contraception and abortions. The state requires parental consent for those under 18, or the alternative of a judicial bypass, something Jane’s Due Process, a non-profit legal hotline for pregnant minors, helps them obtain when their parents aren’t available to grant consent, or when abusive home situations make getting that consent dangerous.

“The majority of minors who call the hotline aren’t using any kind of birth control,” says Tina Hester, executive director at Jane’s Due Process. “Most of them tell us they thought they needed parental consent to get a prescription.”

But that isn’t true: clinics in Texas that receive federal Title X funding, says Hester, “are required to provide confidential family planning services for minors.” But a survey conducted by her organization last summer found “a number of clinics” that “gave misinformation, telling us parental consent is required.”

In Texas, misinformation, or a lack of information, for minors when it comes to sexual health is the norm; abstinence-only sex education is the government-endorsed default, and the result is the country’s fourth-highest teen birth rate.

The Texans who are in the least ideal financial and socio-economic position to provide for an unplanned-for child are the ones for whom abortion–and contraception–is hardest to access. This is by design; it isn’t an unfortunate accident or cruel happenstance of fate. And Texas lawmakers are doing all they can not to remedy the problem, but to make it worse.

This wouldn’t be a problem if Texas had a strong safety net for low-income people who want to grow their families, and who have every right in the world to do so. But Rick Perry has openly rejected the Affordable Care Act, which would make 1.7 million more Texans eligible for Medicaid. And conservative policymakers in Texas—from the governor to the attorney general to the executive commissioner of Texas Health And Human Services, Republicans hold most every high office and top bureaucratic position in the state—do not want to use the resources the state has to help break the cycle of poverty for its citizens.

At the opening of the 83rd Texas Legislature earlier this month, Gov. Perry touted what he sees as the state’s upcoming budget surplus—to the tune of about $8.8 billion—as an opportunity not to restore slashed education funds or family planning dollars, but an opportunity for more tax cuts. Lt. Governor David Dewhurst is excited about using some of the money to train teachers to carry handguns.

And of course, making abortion even harder to access is a top priority for the governor and the bureaucrats and lawmakers who share his views. State Senator Dan Patrick has proposed a bill that will increase restrictions on medical abortions. In a back-door deal made with the Texas Department of State Health Services, Rep. Bill Zedler has succeeded in his quest to gather more information, Big Brother-style, about abortion providers and people who seek abortions.

The big abortion-related legislative action on the horizon for the 2013 lawmaking session is a Perry-endorsed 20-week abortion ban; the details of the ban haven’t yet been worked out, and a bill hasn’t yet been filed. But when it is, Perry’s office told Rewire, he’s going to let the legislators work out the appropriate punishment for abortion-seeking women.

If that happens, says the Lilith Fund’s Amelia Long, “a rich woman who wants or needs to terminate her pregnancy can still go out of state and get her abortion.” But low-income Texans, or Texans without the time and resources to travel out of state, will not have that luxury. And they will not necessarily be provided the resources they need to give birth to and raise an unplanned-for child even though, practically speaking, the state deliberately does all it can to give them no other choice.

Analysis Human Rights

From Protected Class to High-Priority Target: How the ‘System Is Rigged’ Against Unaccompanied Migrant Children

Tina Vasquez

Vulnerable, undocumented youth who pose no real threat are being stripped of their right to an education and instead sit in detention awaiting deportation.

This is the first article in Rewire’s two-part series about the U.S. immigration system’s effects on unaccompanied children.

Earlier this month, three North Carolina high school students were released from a Lumpkin, Georgia, detention center after spending more than six months awaiting what seemed like their inevitable fate: deportation back to conditions in Central America that threatened their lives.

Wildin David Guillen Acosta, Josue Alexander Soriano Cortez, and Yefri Sorto-Hernandez were released on bail in the span of one week, thanks to an overwhelming community effort involving pro bono attorneys and bond money. However, not everyone targeted under the same government operation has been reprieved. For example, by the time reports emerged that Immigration and Customs Enforcement (ICE) had detained Acosta on his way to school in Durham, North Carolina, the government agency had already quietly deported four other young people from the state, including a teenage girl from Guatemala who attended the same school.

Activated in January, that program—Operation Border Guardian—continues to affect the lives of hundreds of Central American migrants over the age of 18 who came to the United States as unaccompanied children after January 2014. Advocates believe many of those arrested under the operation are still in ICE custody.

Department of Homeland Security (DHS) Jeh Johnson has said that the goal of Operation Border Guardian is to send a message to those in Central America considering seeking asylum in the United States. But it’s not working, as Border Patrol statistics have shown. Furthermore, vulnerable, undocumented youth who pose no real threat are being stripped of their right to an education and instead sit in detention awaiting deportation. These youth arrived at the border in hopes of qualifying for asylum, but were unable to succeed in an immigration system that seems rigged against them.

“The laws are really complicated and [young people] don’t have the community support to navigate this really hostile, complex system. That infrastructure isn’t there and unless we support asylum seekers and other immigrants in this part of the country, we’ll continue to see asylum seekers and former unaccompanied minors receive their deportation orders,” said Julie Mao, the enforcement fellow at the National Immigration Project of the National Lawyers Guild.

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“A Grossly Misnamed” Operation

In January, ICE conducted a series of raids that spanned three southern states—Georgia, North Carolina, and Texas—targeting Central American asylum seekers. The raids occurred under the orders of Johnson, who has taken a hardline stance against the more than 100,000 families who have sought asylum in the United States. These families fled deadly gang violence in El Salvador, Honduras, and Guatemala in recent years. In El Salvador, in particular, over 400 children were murdered by gang members and police officers during the first three months of 2016, doubling the country’s homicide rate, which was already among the highest in the world.

ICE picked up some 121 people in the early January raids, primarily women and their young children. Advocates argue many of those arrested were detained unlawfully, because as people who experienced severe trauma and exhibited symptoms of post-traumatic stress disorder, generalized anxiety, and depression, they were disabled as defined under the Rehabilitation Act of 1973, and ICE did not provide reasonable accommodations to ensure disabled people were not denied meaningful access to benefits or services.

Just a few weeks later, on January 23, ICE expanded the raids’ focus to include teenagers under Operation Border Guardian, which advocates said represented a “new low.”

The media, too, has also criticized DHS for its seemingly senseless targeting of a population that normally would be considered refugees. The New York Times called Operation Border Guardian “a grossly misnamed immigration-enforcement surge that went after people this country did not need to guard against.”

In response to questions about its prioritization of former unaccompanied minors, an ICE spokesperson told Rewire in an emailed statement: “As the secretary has stated repeatedly, our borders are not open to illegal migration. If someone was apprehended at the border, has been ordered removed by an immigration court, has no pending appeal, and does not qualify for asylum or other relief from removal under our laws, he or she must be sent home. We must and we will enforce the law in accordance with our enforcement priorities.”

DHS reports that 336 undocumented Central American youth have been detained in the operation. It’s not clear how many of these youth have already been deported or remain in ICE custody, as the spokesperson did not respond to that question by press time.

Acosta, Cortez, Sorto-Hernandez, and three other North Carolina teenagersSantos Geovany Padilla-Guzman, Bilmer Araeli Pujoy Juarez, Pedro Arturo Salmeron—have become known as the NC6 and the face of Operation Border Guardian, a designation they likely would have not signed up for.

Advocates estimate that thousands of deportations of low-priority migrants—those without a criminal history—occur each week. What newly arrived Central American asylum seekers like Acosta could not have known was that the federal government had been laying the groundwork for their deportations for years.

Asylum Seekers Become “High-Priority Cases”

In August 2011, the Obama administration announced it would begin reviewing immigration cases individually, allowing ICE to focus its resources on “high-priority cases.” The assumption was that those who pose a threat to public safety, for example, would constitute the administration’s highest priority, not asylum-seeking high school students.

But there was an indication from DHS that asylum-seeking students would eventually be targeted and considered high-priority. After Obama’s announcement, ICE released a statement outlining who would constitute its “highest priorities,” saying, “Specifically individuals who pose a threat to public safety such as criminal aliens and national security threats, as well as repeat immigration law violators and recent border entrants.”

In the years since, President Obama has repeatedly said “recent border crossers” are among the nation’s “highest priorities” for removal—on par with national security threats. Those targeted would be migrants with final orders of removal who, according to the administration, had received their day in court and had no more legal avenues left to seek protection. But, as the American Civil Liberties Union (ACLU) reported, “recent border entrant” is a murky topic, and it doesn’t appear as if all cases are being reviewed individually as President Obama said they would.

“Recent border entrant” can apply to someone who has been living in the United States for three years, and a border removal applies “whenever ICE deports an individual within three years of entry—regardless of whether the initial entry was authorized—or whenever an individual is apprehended by Customs and Border Protection (CBP),” explained Thomas Homan, the head of ICE’s removal operations in a 2013 hearing with Congress, the ACLU reported.

Chris Rickerd, policy counsel at the American Civil Liberties Union’s Washington Legislative Office, added that “[b]ecause CBP refuses to screen the individuals it apprehends for their ties to the U.S., and DHS overuses procedures that bypass deportation hearings before a judge, many ‘border removals’ are never fully assessed to determine whether they have a legal right to stay.”

Over the years, DHS has only ramped up the department’s efforts to deport newly arrived immigrants, mostly from Central America. As the Los Angeles Times reported, these deportations are “an attempt by U.S. immigration officials to send a message of deterrence to Central America and avoid a repeat of the 2014 crisis when tens of thousands of children from Honduras, El Salvador and Guatemala arrived at the U.S. border.”

This is something Mao takes great issue with.

“These raids that we keep seeing are being done in order to deter another wave of children from seeking asylum—and that is not a permissible reason,” Mao said. “You deport people based on legality, not as a way of scaring others. Our country, in this political moment, is terrorizing young asylum seekers as a way of deterring others from presenting themselves at the border, and it’s pretty egregious.”

There is a direct correlation between surges of violence in the Northern Triangle—El Salvador, Guatemala, and Honduras—and an uptick in the number of asylum seekers arriving in the United States. El Salvador, known as the murder capital of the word, recently saw an explosion of gang violence. Combine that with the possible re-emergence of so-called death squads and it’s clear why the number of Salvadoran family units apprehended on the southern border increased by 96 percent from 2015 to 2016, as Fusion reported.

Much like Mao, Elisa Benitez, co-founder of the immigrants rights’ organization Alerta Migratoria NC, believes undocumented youth are being targeted needlessly.

“They should be [considered] low-priority just because they’re kids, but immigration is classifying them at a very high level, meaning ICE is operating like this is a population that needs to be arrested ASAP,” Benitez said.

The Plight of Unaccompanied Children

Each member of the NC6 arrived in the United States as an unaccompanied child fleeing violence in their countries of origin. Acosta, for example, was threatened by gangs in his native Honduras and feared for his life. These young people should qualify as refugees based on those circumstances under international law. In the United States, after they present themselves at the border, they have to prove to an immigration judge they have a valid asylum claim—something advocates say is nearly impossible for a child to do with no understanding of the immigration system and, often, with no access to legal counsel—or they face deportation.

Unaccompanied children, if not immediately deported, have certain protections once in the United States. For example, they cannot be placed into expedited removal proceedings. According to the American Immigration Council, “they are placed into standard removal proceedings in immigration court. CBP must transfer custody of these children to Health and Human Services (HHS), Office of Refugee Resettlement (ORR), within 72 hours.”

While their court proceedings move forward, HHS’s Office of Refugee Resettlement manages the care of the children until they can ideally be released to their parents already based in the country. Sometimes, however, they are placed with distant relatives or U.S. sponsors. Because HHS has lowered its safety standards regarding placement, children have been subjected to sexual abuse, labor trafficking, and severe physical abuse and neglect, ThinkProgress has reported.

If while in the care of their family or a sponsor they miss a court date, detainment or deportation can be triggered once they turn 18 and no longer qualify for protections afforded to unaccompanied children. 

This is what happened to Acosta, who was placed with his mother in Durham when he arrived in the United States. ICE contends that Acosta was not targeted unfairly; rather, his missed court appearance triggered his order for removal.

Acosta’s mother told local media that after attending his first court date, Acosta “skipped subsequent ones on the advice of an attorney who told him he didn’t stand a chance.”

“That’s not true, but it’s what they were told,” Benitez said. “So, this idea that all of these kids were given their day in court is false. One kid [we work with] was even told not to sign up for school because ‘there was no point,’ it would just get him deported.”

Benitez told Rewire the reasons why these young people are being targeted and given their final orders of removal need to be re-examined.

Sixty percent of youth from Central America do not ever have access to legal representation throughout the course of their case—from the time they arrive in the United States and are designated as unaccompanied children to the time they turn 18 and are classified as asylum seekers. According to the ACLU, 44 percent of the 23,000 unaccompanied children who were required to attend immigration court this year had no lawyer, and 86 percent of those children were deported.

Immigration attorneys and advocates say that having a lawyer is absolutely necessary if a migrant is to have any chance of winning an asylum claim.

Mao told Rewire that in the Southeast where Acosta and the other members of the NC6 are from, there is a pipeline of youth who arrived in the United States as unaccompanied children who are simply “giving up” on their valid asylum claims because navigating the immigration system is simply too hard.

“They feel the system is rigged, and it is rigged,” Mao said.

Mao has been providing “technical assistance” for Acosta and other members of the NC6. Her organization doesn’t represent individuals in court, she said, but the services it provides are necessary because immigration is such a unique area of law and there are very few attorneys who know how to represent individuals who are detained and who have been designated unaccompanied minors. Those services include providing support, referrals, and technical assistance to advocates, community organizations, and families on deportation defense and custody issues.

Fighting for Asylum From Detention

Once arrested by ICE, there is no telling if someone will linger in detention for months or swiftly be deported. What is known is that if a migrant is taken by ICE in North Carolina, somewhere along the way, they will be transferred to Lumpkin, Georgia’s Stewart Detention Center. As a local paper reported, Stewart is “the last stop before they send you back to whatever country you came from.”

Stewart is the largest detention center in the country, capable of holding 2,000 migrants at any time—it’s also been the subject of numerous investigations because of reports of abuse and inadequate medical care. The detention center is run by Corrections Corporation of America, the country’s largest private prison provider and one that has become synonymous with maintaining inhumane conditions inside of its detention centers. According to a report from the National Immigrant Justice Center, Stewart’s remote location—over two hours away from Atlanta—hinders the facility from attracting and retaining adequate medical staff, while also creating barriers to visitation from attorneys and family members.

There’s also the matter of Georgia being notoriously tough on asylum seekers, even being called the “worst” place to be an undocumented immigrant. The Huffington Post reported that “Atlanta immigration judges have been accused of bullying children, badgering domestic violence victims and setting standards for relief and asylum that lawyers say are next to impossible to meet.” Even more disconcerting, according to a project by Migrahack, which pairs immigration reporters and hackers together, having an attorney in Georgia had almost no effect on whether or not a person won their asylum case, with state courts denying up to 98 percent of asylum requests. 

Acosta, Cortez, and Sorto-Hernandez spent over six months in Stewart Detention Center before they were released on baila “miracle” according to some accounts, given the fact that only about 5 percent of those detained in Stewart are released on bond.

In the weeks after ICE transferred Acosta to Stewart, there were multiple times Acosta was on the verge of deportation. ICE repeatedly denied Acosta was in danger, but advocates say they had little reason to believe the agency. Previous cases have made them wary of such claims.

Advocates believe that three of the North Carolina teens who were deported earlier this year before Acosta’s case made headlines were kept in detention for months with the goal of wearing them down so that they would sign their own deportation orders despite having valid asylum claims.

“They were tired. They couldn’t handle being in detention. They broke down and as much as they feared being returned to their home countries, they just couldn’t handle being there [in detention] anymore. They’d already been there for weeks,” Benitez said.

While ICE claims the average stay of a migrant in Stewart Detention Center is 30 days, the detention center is notorious for excessively long detainments. Acosta’s own bunkmate had been there over a year, according to Indy Week reporter David Hudnall.

As Hudnall reported, there is a massive backlog of immigration cases in the system—474,000 nationally and over 5,000 in North Carolina.

Mao told Rewire that the amount of time the remaining members of the NC6 will spend in detention varies because of different legal processes, but that it’s not unusual for young people with very strong asylum cases to sign their rights away because they can’t sustain the conditions inside detention.

Pedro Arturo Salmeron, another NC6 member, is still in detention. He was almost deported, but Mao told Rewire her organization was able to support a pro bono attorney in appealing to the Board of Immigration Appeals (BIA) to stop proceedings.

Japeth Matemu, an immigration attorney, recently told Indy Week’s David Hudnall that “the BIA will tell you that it can’t modify the immigration judge’s ruling unless it’s an egregious or obvious miscarriage of justice. You basically have to prove the judge is off his rocker.”

It could take another four months in detention to appeal Salmeron’s case because ICE continues to refuse to release him, according to the legal fellow.

“That’s a low estimate. It could be another year in detention before there is any movement in his case. We as an organization feel that is egregious to detain someone while their case is pending,” Mao said. “We have to keep in mind that these are kids, and some of these kids can’t survive the conditions of adult prison.”

Detention centers operate as prisons do, with those detained being placed in handcuffs and shackles, being stripped of their personal belongings, with no ability to move around freely. One of Acosta’s teachers told Rewire he wasn’t even able to receive his homework in detention.

Many of those in detention centers have experienced trauma. Multiple studies confirm that “detention has a profoundly negative impact on young people’s mental and physical well-being” and in the particular case of asylum seekers, detention may exacerbate their trauma and symptoms of post-traumatic stress disorder. 

“People are so traumatized by the raids, and then you add detention on top of that. Some of these kids cannot psychologically and physically deal with the conditions in detention, so they waive their rights,” Mao said.

In March, Salmeron and fellow NC6 member Yefri Sorto-Hernandez received stays of deportation, meaning they would not face immediate deportation. ICE says a stay is like a “legal pause.” During the pause, immigration officials decide if evidence in the case will be reconsidered for asylum. Sorto-Hernandez was released five months later.

Benitez said that previously when she organized around detention, a stay of deportation meant the person would get released from detention, but ICE’s decision to detain some of the NC6 indefinitely until their cases are heard illustrates how “weirdly severe” the agency is being toward this particular population. Mao fears this is a tactic being used by ICE to break down young people in detention.

“ICE knows it will take months, and frankly up to a year, for some of these motions to go through the court system, but the agency is still refusing to release individuals. I can’t help but think it’s with the intention that these kids will give up their claims while suffering in detention,” Mao said.

“I think we really have to question that, why keep these young people locked up when they can be with their communities, with their families, going to school? ICE can release these kids now, but for showmanship, ICE is refusing to let them go. Is this who we want to be, is this the message we want to send the world?” she asked.

In the seven months since the announcement of Operation Border Guardian, DHS has remained quiet about whether or not there will be more raids on young Central American asylum seekers. As a new school year approaches, advocates fear that even more students will be receiving their orders for removal, and unlike the NC6, they may not have a community to rally around them, putting them at risk of quietly being deported and not heard from again.

Roundups Law and Policy

Gavel Drop: The Fight Over Voter ID Laws Heats Up in the Courts

Jessica Mason Pieklo & Imani Gandy

Texas and North Carolina both have cases that could bring the constitutionality of Voter ID laws back before the U.S. Supreme Court as soon as this term.

Welcome to Gavel Drop, our roundup of legal news, headlines, and head-shaking moments in the courts

Texas Attorney General Ken Paxton intends to ask the U.S. Supreme Court to reinstate the state’s voter ID law.

Meanwhile, according to Politifact, North Carolina attorney general and gubernatorial challenger Roy Cooper is actually saving taxpayers money by refusing to appeal the Fourth Circuit’s ruling on the state’s voter ID law, so Gov. Pat McCrory (R) should stop complaining about it.

And in other North Carolina news, Ian Millhiser writes that the state has hired high-powered conservative attorney Paul Clement to defend its indefensible voter ID law.

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Alex Thompson writes in Vice that the Zika virus is about to hit states with the most restrictive abortion laws in the United States, including Alabama, Louisiana, Mississippi, and Texas. So if you’re pregnant, stay away. No one has yet offered advice for those pregnant people who can’t leave Zika-prone areas.

Robin Marty writes on Care2 about Americans United for Life’s (AUL) latest Mad Lib-style model bill, the “National Abortion Data Reporting Law.” Attacking abortion rights: It’s what AUL does.

The Washington Post profiled Cecile Richards, president of the Planned Parenthood Federation of America. Given this Congress, that will likely spur another round of hearings. (It did get a response from Richards herself.)

Kimberly Strawbridge Robinson writes in Bloomberg BNA that Stanford Law Professor Pamela Karlan thinks the Supreme Court’s clarification of the undue burden standard in Whole Woman’s Health v. Hellerstedt will have ramifications for voting rights cases.

This must-read New York Times piece reminds us that we still have a long way to go in accommodating breastfeeding parents on the job.


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