It would appear that these two arrests in the Houston area mark the first instance of healthcare providers facing charges related to abortion laws in their respective states since the overturn of Roe v. Wade in 2022.
The Texas attorney general and court documents indicate that a midwife and her companion were apprehended and charged with unlawfully providing abortions in the greater Houston area. These arrests appear to be the first of their kind since the Supreme Court overthrowing Roe v. Wade in 2022.
The state's most populous county, Harris, and a more rural and conservative jurisdiction, Waller, were the locations of the midwife Maria Margarita Rojas's clinics, according to a statement from Texas Attorney General Ken Paxton. Rojas was also charged in Houston.
“Charged with the illegal performance of an abortion" is a second-degree felony in the state since the nearly complete ban on abortion went into force in 2022, according to the statement. Practicing medicine without a license was another charge against her.
Late Monday, court documents revealed that Jose Ley, 29, a coworker of Ms. Rojas, was also taken into custody and faces similar charges. As far as anyone could tell, the accusations were made in Waller County, which is west of Houston, and the records indicated that both Ms. Rojas and Mr. Ley were being held on $500,000 bond.
It took some time to reach the attorneys representing Ms. Rojas and Mr. Ley. Ms. Rojas was reportedly arrested earlier this month on her way to a clinic, according to a friend.
Holly Shearman, a colleague midwife and friend of Ms. Rojas's, stated, "She was on her way to the clinic and got pulled over by the police at gunpoint and handcuffed." Shearman had spoken with Rojas over the phone last week. According to her, they refused to inform her about what was going on. They escorted her to Austin, according to her.
Someone else from the clinic, maybe even the front desk staff, had been taken into custody, according to what Ms. Shearman remembered hearing from Ms. Rojas.
Many states' abortion bans have been based on the dread of criminal prosecution rather than actual prosecution itself. Following the ruling, abortion clinics in Texas and other states that have outright banned the procedure shut down. As an alternative, women who want abortions have gone to states where they are legal or gotten abortion pills in the mail.
"This is, as far as I am aware, the first allegation that someone in a ban state is providing an abortion in direct violation of abortion laws," stated Marc Hearron of the Center for Reproductive Rights.
Several individuals have been indicted for knowingly or unknowingly providing abortion drugs to family members.
An abortion pill sent to a lady in Louisiana violates the state's law, leading to the indictment of a New York doctor earlier this year on criminal charges. The doctor is shielded from prosecution in states that ban abortion by New York's shield law, which the state has used to reject extradition requests.
Margaret Carpenter, the same doctor who sent medications to Texans, was the subject of a civil lawsuit filed by the Lone Star State. Last month, a judge fined her almost $100,000 for failing to defend herself in that case.
While the midwife's arrest in the Houston region was significant, it extended beyond that.
"Life is sacred in Texas," Mr. Paxton stated. "I am committed to doing all it takes to safeguard the unborn, uphold the pro-life laws of our state, and see that those who put women in danger by conducting illegal abortions are held accountable."
According to Ms. Shearman, following her original arrest, Ms. Rojas was kept for the night before being released. Her arrest for practicing without a license occurred in early March, according to court documents from Waller County, where the charges were filed.
The district clerk's office stated that it had not received any updated records in the case, and as of late Monday, the county's records did not indicate any additional charges related to abortion. The Waller County sheriff's office deputy who spoke with Ms. Rojas on Monday confirmed that she had been transported to the jail.
She was remanded to jail on a $10,000 bond following her felony arrest for medical practice without a license. Monday saw the addition of the additional abortion charges.
However, the most serious charge—which arises when the abortion leads to the termination of the pregnancy—was not brought against Ms. Rojas. The basis for the charges against her remained murky. When asked for comment, a representative from Mr. Paxton's office did not return calls.
However, according to court records, Ms. Rojas was "known by law enforcement to have performed an abortion" on another person earlier this year and was accused of having "attempted an abortion on" a lady named E.G. twice in March.
Mr. Paxton stated that in order to "prevent further illegal activity," his office had also sought a temporary restraining order to close Ms. Rojas's network of clinics.
According to Sean Whittmore, the district attorney of Waller County, who was previously employed by Mr. Paxton, the most recent case involving the Houston region began with an inquiry carried out in Mr. Paxton's office.
Though he lacks the authority to do so unilaterally, the attorney general can cooperate with district attorneys by enforcing criminal statutes when asked to do so. According to Mr. Whittmore, that is what transpired here.
One of her clinics' websites states that Ms. Rojas, a 49-year-old midwife who was born in Peru, has "attended over 700 births in community based and hospital settings" since becoming certified in Texas in 2018.
According to court records, Ms. Rojas is a citizen of the United States, whereas Mr. Ley, another individual apprehended, was a citizen of Cuba.
Prior to her move to the US, Ms. Rojas worked as an obstetrician in Peru, according to Ms. Shearman. The accusation that Ms. Rojas had carried out abortions without proper authorization surprised her.
"So, are they claiming that she was involved in abortions?" Mrs. Shearman, who identified as a conservative, made the statement. She is deeply devout Catholic, and she has never once brought up anything like that. The accusations simply don't add up.
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