Know Your Rights: Abortion Access for Immigrants

In states where abortion is legal, undocumented immigrants can receive abortions, and are not disqualified based on immigration status. Although health care providers may ask about your immigration status if you want to apply for certain programs like Medicaid, they cannot require you to share your status to receive an abortion.

Getting an abortion in a place where it is legal will not affect your immigration status. Neither you nor your family members will be required to share any information about abortion services you have received on an immigration or citizenship application. Receiving an abortion in a state where it is not legal will generally not affect your immigration status, but you should always talk to an immigration attorney about your individual circumstances.

Yes, you can travel from one state to another state to get health care services, including abortions. If you live in a state where abortion is not legal, you can go to a state where legal abortions are available to get health care. However, Border Patrol interior checkpoints and agents posted at airports alongside TSA screeners require lawful status to pass through. Anyone without documents who is at or near a U.S. international border and needs to travel for health care by land or air should first consult an immigration attorney and then, if needed, an advocacy organization. Read this guide for more information. Self-managed medication abortion can be an alternative to traveling, and more information is included below.

You can call your clinic or health center to find out about the cost of an abortion. Your abortion may be free or low-cost if you have health insurance, but some insurance plans don’t cover abortions. You can call your insurance provider directly to ask about your coverage. There may be resources available if you need help paying for an abortion. Abortion funds are currently available in all 50 states for anyone who needs help. Abortion funds do not check for immigration status or proof of citizenship. Many funds also provide support for services like travel and transportation, translation and interpretation services, lodging, child care payment, and more. Find an abortion fund in your state here.

Yes, you have a right to talk to your doctor and receive abortions or other medical care in a language you can understand (including through an interpreter).

You can go to a hospital emergency room and get help for a medical emergency, even if you do not have immigration papers or cannot afford to pay for it. Regardless of state laws, if you are experiencing a life-threatening medical emergency, a hospital emergency room must provide the basic services necessary to protect your health and safety – even if you are undocumented. According to the federal government, emergency medical services include necessary miscarriage management and abortion care in some circumstances. However, this policy is currently being challenged in federal court. Hospitals can often help you apply for programs to help you pay for emergency care, whether you have immigration papers or not.

Usually, yes. Immigration enforcement agencies are not allowed to engage in enforcement activity at hospitals, medical offices, and other “protected areas” except in very rare circumstances. If you live in or near a border area, checkpoints and other enforcement can create barriers to traveling for health care. If you live in these areas, you should contact an advocacy organization or immigration attorney for help.

You may need to bring a photo ID with your date of birth to your appointment. While abortion providers will not deny you care based on your immigration status, they can ask you for a photo ID for safety reasons and to make sure they match the right medical records to the right person. Be sure to call your provider ahead of your appointment to confirm what you will need to bring with you.

Depending on where you live and how long you have been pregnant you may be able to obtain medication abortion care from a health care provider either at home or in person. If your health center pharmacy can’t dispense the medication you need, you can go to other pharmacies. Find out if at-home abortion pills are available to you in your state, and how you can access them: Plan C Pills.

Some people end their own pregnancies with abortion pills. Abortion pills are generally safe, but there may be legal risks in some states. More information about self-managed abortion can be found here. You can also talk confidentially with a provider about self-managing your abortion here. If you have questions about legal risk or need additional legal support, If/When/How’s Repro Legal Helpline can be found here.