Texas Midwife, Medical Assistant Arrested for Illegal Abortions: AG Ken Paxton

Texas Attorney General Ken Paxton revealed on Monday that a 48-year-old woman and a 29-year-old man have been taken into custody on allegations of providing illegal abortions and running an illicit network of clinics in the Houston area. The woman, known as Maria “Dr. Maria” Rojas, is a recognized midwife in the Northwest Houston area. She was arrested in Waller County. The man, Jose Manuel Cendan Ley, also faced arrest on charges of unlawfully performing an abortion and practicing medicine without a license.

The Attorney General’s office, during its investigation, unearthed that Rojas was the owner and operator of several clinics, all of which were unlicensed. These clinics were operating under the names Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress, both located northwest of Houston, and Latinoamericana Medical Clinic in Spring, situated just north of Houston.

A press release issued by Paxton’s office made allegations that these clinics run by Rojas employed individuals who were not licensed medical professionals, yet they falsely presented themselves as such. According to Paxton, Ley was found to have performed illegal medical procedures and assisted Rojas in at least one abortion procedure.

Rojas is also accused of carrying out illegal abortions, a serious violation of the Texas Human Life Protection Act. Paxton, in his statement, emphasized his dedication to protecting life, particularly the unborn, and upholding the state’s pro-life laws. He pledged to ensure that those performing illegal abortions and endangering the lives of women are fully prosecuted. He further stated that the Texas law protecting life is clear, and those who violate it will be held accountable.

Holly Shearman, a friend of Rojas, spoke to CBS News about a conversation she had with Rojas following the arrest. Shearman revealed Rojas’ steadfast insistence on her innocence and shared that midwives across the state are rallying around her. The Associated Press reported that court records did not list an attorney for Rojas who could speak on her behalf. The clinics run by Rojas advertised a variety of services on their Facebook pages, such as physical exams, ultrasounds, and vaccines.

In the aftermath of Rojas’ arrest, Paxton’s Healthcare Program Enforcement Division filed for a temporary restraining order to shut down all clinics owned and operated by Rojas. Marc Hearron, the interim associate director of U.S. litigation at the Center for Reproductive Rights, released a statement asserting that while the case’s details remain unclear, it is known that Texas officials have been trying various tactics to scare healthcare practitioners away from providing care and to trap Texans.

On March 8, another arrest was made in connection to the investigation. Rubildo Labanino Matos, 54, a nurse practitioner whose license is currently on probation by the Board of Nursing, was charged with conspiracy to practice medicine without a license.

Under the Texas Human Life Protection Act of 2021, the Texas attorney general has the authority to seek civil penalties of at least $100,000 per violation for the unlawful performance of an abortion. The Waller County district attorney referred Rojas’ case to Paxton for prosecution.

Attorney Will Vaughn, who is not involved in the case, spoke to CBS Houston affiliate KHOU about the potential implications of this case. Vaughn suggested that the case could lead to a legal challenge of the state law, possibly culminating in a constitutional challenge at the U.S. Supreme Court. He speculated that such a challenge would be aimed not necessarily at challenging the conviction, if there were one, but rather at challenging the constitutionality of the statute as a whole.

The arrests come amidst an ongoing nationwide debate over reproductive rights and access to abortion services. The Texas Human Life Protection Act, enacted in 2021, has been a significant point of contention in this debate. The Act allows private citizens to sue anyone who performs or aids and abets an abortion, effectively deputizing private citizens to enforce the law. This controversial measure has sparked widespread backlash from reproductive rights advocates, who argue that it severely restricts access to abortion and infringes on constitutional rights.

Despite the controversy, the arrests of Rojas and Ley underline the state’s commitment to enforcing the law. As Attorney General Paxton’s statement makes clear, Texas officials are prepared to prosecute those who violate the law to the fullest extent possible. However, critics, such as Hearron, argue that such actions are part of a broader strategy to intimidate healthcare providers and restrict Texans’ access to healthcare services, including abortion.

The case of Rojas and Ley is likely to attract significant attention in the coming months, both within Texas and nationally. As the legal proceedings unfold, the case may well become a flashpoint in the ongoing struggle over abortion rights and access to reproductive healthcare in the United States.

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