2. Why Orange and Black?
• Orange and black are colors of the Monarch butterfly
• Travels up to 3,000 miles
• Spends winters in southern California and central Mexico
3. Overview of Undocumented Population
• Total estimate: 11.2 million in the United States
• Dreamers sub-population: 728,000
• Insurance eligibility: no publicly-funded, no Medicaid, no Medicare
• Option #1: Emergency Rooms (under EMTALA, $$$)
• Option #2: Community health clinics ($50 per visit)
• Option #3: Free clinics
• Option #4: Detention facilities
4. Birthright US citizenship
• Introduced in 1868 as the 14th Amendment
• 7.5% of all births in the United States to undocumented
immigrants, amounting to 300,000 births/year (Pew Hispanic
Center)
• Current estimates between 4.0 to 4.5 million children born to
undocumented immigrants (Migration Policy Institute)
• Undocumented not the same as Illegal. US Constitution
guarantees “innocent until proven guilty” by 6th Amendment
5. Jane Doe/Roe/Poe/Moe cases of 2017-18
• Series of cases of detained undocumented immigrant female
minors (under the age of 18) who happened to be pregnant
• Once incarcerated, Janes expressed the desire to terminate their
pregnancies
• Office of Refugee Resettlement (ORR) policy prohibits abortion
• Jane Poe pregnancy a result of rape
• Abortion has been a constitutional right for 45 years
6. Conflict of law and ethics (Jane Doe)
• Jane Doe, 17-years old female, is detained by Immigration and
Customs Enforcement (ICE)
• Jane Doe is in the United States without parents, thus able to
make own decisions
• Jane Doe has the right to choose (autonomy)
• Jane Doe’s right to choose prevented by the ORR (policy issue)
• If Jane Doe gives birth in the United States, child will be a US
citizen (not relevant to the case but relevant to Jane/CPS/ICE)