According to POLITICO’s Josh Gerstein and Renuka Rayasam, a birth certificate for Jane Roe showed she had lied about her age. In the document filed with the D.C. Circuit Court of Appeals, lawyers for the government explained that HHS’s Office of Refugee Resettlement (ORR) “obtained a copy of Ms. Roe’s certificate of birth from her home country. Accordingly, ORR is currently transferring custody of Ms. Roe to the Department of Homeland Security [“DHS”] as an adult.”
The significant of the age difference is, as Gerstein and Rayasam explained, “because Immigration and Customs Enforcement, which is responsible for adults in immigration detention, tends to have fewer restrictions on pregnant women seeking to obtain abortions while in custody.”
As a result Jane Roe was released on her own recognizance and was free to have the abortion if she still wanted to.
The second undocumented girl the ACLU sought to have her abortion had already been released, presumably because she was 22 weeks pregnant. “Jane Poe” aborted her baby on Tuesday.
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