A federal appeals court ruled Friday that an illegal immigrant teenager in U.S. custody must be allowed to get an abortion.
The D.C. Circuit Court of Appeals said the Trump administration must find a sponsor by Oct. 31 so the government does not have to facilitate the abortion, according to a court filing.
The 17-year-old is from South America and was caught crossing the U.S.-Mexican border. She is in U.S. custody in Texas.
The American Civil Liberties Union sued to force the Department of Health and Human Services to allow her to have an abortion, which the Trump administration was blocking. The ACLU argued that the girl has a constitutional right to an abortion, while HHS argued she does not because she is in the country illegally.
On Friday, the appeals court issolved an earlier stay from a federal court in San Francisco. That federal judge ruled HHS had to facilitate the abortion, but the Trump administration appealed the ruling.
The court agreed with the government’s argument that it is HHS policy for a minor to be released from HHS custody to a sponsor to facilitate the abortion but said finding a sponsor must occur “expeditiously.”
The girl is 15 weeks pregnant, and most abortions in Texas are banned after 20 weeks. The teen followed state law by obtaining permission from a state judge in Texas to have an abortion and said she would pay for the procedure or would do so with help from her court-appointed guardian.
HHS has until Oct. 31 at 5 p.m. for a sponsor to be secured.