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ACLU Petitions For Emergency Rehearing So Illegal Immigrant Can Get An Abortion


The American Civil Liberties Union (ACLU) asked the U.S. Court of Appeals to reconsider delaying its decision regarding a pregnant illegal immigrant seeking an abortion, according to a petition filed Sunday.

After the federal appeals court ruled Friday that the pregnant teen had until Oct. 31 to find a sponsor, the ACLU filed an emergency petition to protest the court’s decision, according to USA Today. Attorneys hope to convince the court to hold an emergency rehearing before the end of the month.

“The government is causing her irreparable harm” by forcing her to remain pregnant against her will, plaintiff attorney Rochelle Garza said during oral arguments.

The defense attorney responded by saying the U.S. Department of Health and Human Services (HHS) is “not putting an obstacle in her path, but declining her an abortion.” She added that the girl — who crossed the border illegally Sept. 7 and is 15 weeks pregnant — can sign for “voluntary departure” at any point and can have an abortion in Mexico.

 The ruling comes after D.C.’s Court of Appeals temporarily blocked a judge’s ruling last week, allowing the detained immigrant to have an abortion, according to NPR. The stay on the order came after HHS filed an appeal when Judge Tanya Chutkan ruled in favor of the teen. Chutkan ruled that the government must either take the 17-year-old expectant mother the abortion clinic, or allow her guardian to take her, according to Politico.

Following Chutkan’s ruling, the three circuit judges on the U.S. Court of Appeals issued a delay on the case in order to facilitate further oral arguments and decide whether to grant HHS its emergency motion.

The appeals court has made no announcement since the ACLU filed its emergency petition, and the fate of the case remains unknown.

(First reported by The Daily Caller)   (October 23, 2017)

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