Abortion Access for Undocumented Immigrants and DACA Recipients in New York

1. What are the rights of undocumented immigrants and DACA recipients to access abortion care in New York?


In New York, all people, regardless of their immigration status, have the right to access abortion care. This includes undocumented immigrants and DACA recipients. The cost of the procedure is covered by Medicaid, as well as some private insurance plans. Abortion care is free for those enrolled in Medicaid and there are clinics that provide free or low-cost care for those who cannot afford it. Moreover, clinics can provide referrals for financial assistance if needed.

2. Does New York allow undocumented immigrants and DACA recipients to use state funds for abortion care?


Yes, New York allows undocumented immigrants and DACA recipients to use state funds for abortion care. The State of New York provides coverage for abortion services for eligible individuals regardless of immigration status. Eligible individuals include those enrolled in Medicaid, Child Health Plus, and those with no insurance.

3. Are reproductive health services available to undocumented immigrants and DACA recipients in New York?


Yes, reproductive health services are available to undocumented immigrants and DACA recipients in New York. The New York State Department of Health provides comprehensive reproductive health services to all New Yorkers regardless of immigration status. These services include contraception, pre- and post-natal care, STI testing and treatment, and abortion.

4. How does New York limit the access of undocumented immigrants and DACA recipients to abortion care?


New York has limited access to abortion care for undocumented immigrants and DACA recipients by implementing restrictions on public health insurance coverage for these individuals. These restrictions prohibit the use of public funds (such as Medicaid) for abortion care, unless the pregnancy is the result of rape or incest, or if the woman’s life is endangered by continuing the pregnancy. As a result, undocumented immigrants and DACA recipients are often forced to pay for abortion care out of pocket, which can be cost prohibitive for many of these individuals.

5. Does New York offer any exemptions to the restrictions on access to abortion care for undocumented immigrants and DACA recipients?


Yes, New York does offer exemptions to the restrictions on access to abortion care for undocumented immigrants and DACA recipients. These exemptions are available to individuals who are enrolled in a state-funded health insurance program, are receiving public assistance benefits, or who can demonstrate that they are facing financial hardship. Additionally, medical providers may waive the cost of an abortion procedure for an individual who cannot pay if they determine that the individual cannot afford to pay for the service.

6. What legal support is available in New York for undocumented immigrants and DACA recipients seeking abortion care?


The New York State Department of Health provides abortion care to all individuals regardless of immigration status or ability to pay. The National Latina Institute for Reproductive Health offers legal assistance to undocumented immigrants and DACA recipients seeking abortion care in New York. The New York Immigration Coalition and the New York Civil Liberties Union are also organizations that provide legal support for undocumented immigrants and DACA recipients seeking abortion care in New York.

7. What policies are in place to protect the safety of undocumented immigrants and DACA recipients seeking abortion care in New York?


In New York, the state’s Medicaid program covers abortion care for immigrant women regardless of immigration status. Additionally, the City Council has passed a resolution emphasizing that all New Yorkers must have access to reproductive health care, including abortion, regardless of their immigration status or economic circumstances. The resolution also emphasizes the need to protect the safety of individuals seeking health services, including those who are undocumented. The State of New York has also passed a law requiring insurance companies to cover medically necessary abortion care without any cost-sharing regardless of immigration status. There are also specific policies in place to protect the safety of DACA recipients seeking abortion care in New York, such as measures to ensure that they will not be turned over to Immigration and Customs Enforcement by medical professionals or personnel at reproductive health facilities.

8. Does New York require parental consent for minors seeking abortion care who are undocumented immigrants or DACA recipients?


No, New York does not require parental consent for minors seeking abortions who are undocumented immigrants or DACA recipients. Minors in New York are allowed to seek abortion care without parental consent.

9. Is there a state-level funding source available in New York that is accessible to undocumented immigrants and DACA recipients seeking abortion care?


No, there is no state-level funding source available in New York that is accessible to undocumented immigrants and DACA recipients seeking abortion care. However, organizations such as the National Network of Abortion Funds may be able to provide assistance to those in need.

10. Does New York provide any additional financial assistance for undocumented immigrants and DACA recipients seeking abortion care?


Yes. The New York State Health Department has established a number of programs to provide financial assistance for undocumented immigrants and DACA recipients seeking abortion care. These include the New York State Family Planning Benefit Program, which covers abortion care for low-income individuals, the New York Abortion Access Fund, which provides grants to individuals in need of assistance, and the Empire State Freedom Fund, which provides grants to help cover the cost of abortion care.

11. Are there any public awareness campaigns in New York about the rights of undocumented immigrants and DACA recipients to access abortion care?


Yes, there are public awareness campaigns in New York about the rights of undocumented immigrants and DACA recipients to access abortion care. These campaigns are run by organizations such as the New York Immigration Coalition, National Latina Institute for Reproductive Health, and the New York Civil Liberties Union. These organizations are dedicated to educating and advocating on behalf of these communities. Additionally, these organizations seek to provide resources to help immigrants access healthcare, including abortion care.

12. Are there any programs or organizations in New York that provide support to undocumented immigrants and DACA recipients seeking abortion care?


Yes, there are programs and organizations in New York that provide support to undocumented immigrants and DACA recipients seeking abortion care. These include organizations such as the National Network of Abortion Funds (NNAF), National Latina Institute for Reproductive Health (NLIRH), and the New York Abortion Access Fund (NYAAF). These organizations provide financial assistance, information, and advocacy services to those in need. Additionally, some clinics in New York offer discounted or free services to undocumented immigrants and DACA recipients.

13. Are there any laws or regulations in New York that prohibit or restrict access to abortion care for undocumented immigrants and DACA recipients?


Yes, there are several laws and regulations in New York that restrict access to abortion care for undocumented immigrants and DACA recipients. The New York State Department of Health requires that individuals seeking an abortion provide proof of identity and residency, which can be difficult for undocumented immigrants or DACA recipients who do not have access to valid forms of identification. Additionally, immigration status is a factor that can be considered when approving or denying Medicaid coverage for abortion care. Furthermore, New York State law requires parental consent for minors under the age of 18 seeking an abortion, which can be difficult for undocumented immigrants and DACA recipients who lack legal guardianship.

14. Does New York offer any programs or services that help reduce the financial burden of accessing abortion care for undocumented immigrants and DACA recipients?


Yes, New York has programs and services that help reduce the financial burden of accessing abortion care for undocumented immigrants and DACA recipients. The state offers the New York State Department of Health’s Family Planning Benefit Program, which covers abortion care for low-income individuals who meet certain criteria. In addition, the New York Abortion Access Fund provides financial assistance for those who cannot afford the cost of an abortion. The Fund also offers translation services and legal advice and referral.

15. Are there any mental health resources available in New York for undocumented immigrants and DACA recipients who have had an abortion?


Yes. The New York State Department of Mental Health has a variety of mental health resources available for undocumented immigrants and DACA recipients who have had an abortion. These include crisis counseling, peer support, individual and group therapy, and support groups. Additionally, a number of non-profit organizations in New York City provide mental health care to these individuals, such as the Cabrini Immigrant Services and the New York Immigration Coalition.

16. Does New York have any measures in place to reduce the stigma associated with accessing abortion care for undocumented immigrants and DACA recipients?


Yes. New York has taken several measures to reduce the stigma associated with accessing abortion care for undocumented immigrants and DACA recipients. In 2018, the state passed the Reproductive Health Act, which expanded access to abortion in New York by removing the procedure from the criminal code. The bill also prohibited any health care provider from denying a patient abortion services based on their immigration status. Additionally, New York City launched the All-Options Hotline in 2019, a free bilingual hotline dedicated to assisting individuals seeking all types of reproductive health care including abortion. The hotline helps connect callers to resources regardless of their immigration status or ability to pay.

17. Is there a state-level appeals process available in New York for undocumented immigrants and DACA recipients who have been denied access to abortion care?


Yes, there is a state-level appeals process available in New York for undocumented immigrants and DACA recipients who have been denied access to abortion care. The New York State Office of Temporary and Disability Assistance (OTDA) has established an appeals process for applicants whose request for assistance in covering the costs of an abortion has been denied. In order to appeal the decision, the applicant must submit a written application detailing the reasons why the request was denied and why they believe the denial was in error. The OTDA will then review the application and make a determination regarding the appeal.

18. Does New York provide any legal protections for healthcare providers who serve undocumented immigrants and DACA recipients seeking abortion care?


Yes, New York provides legal protection for healthcare providers who serve undocumented immigrants and DACA recipients seeking abortion care. According to the New York State Department of Health, healthcare providers are protected from any liability and cannot be discriminated against based on their decision to provide or decline abortion services. The Health Department also states that all persons, regardless of age, race, gender identity, immigration status, or ability to pay, have the right to a safe and legal abortion.

19. Are there any state-level educational initiatives in New York that promote awareness of the rights of undocumented immigrants and DACA recipients to access abortion care?


Yes. The New York State Department of Education has established a program called the New York State DREAM Act, which provides undocumented immigrants and DACA recipients with access to higher education. Additionally, there is a Department of Health initiative called “Know Your Rights: Immigrant Health” which provides resources to undocumented immigrants and DACA recipients about their rights to access healthcare services, including abortion care. The program also provides information about the various forms of financial assistance that are available to those in need of abortion care.

20. Does New York have any requirements or restrictions on the provision of information about abortion care to undocumented immigrants and DACA recipients?


Yes, the New York State Department of Health has specific requirements and restrictions regarding the provision of information about abortion care to undocumented immigrants and DACA recipients. These requirements and restrictions are outlined in the “Guidance for Health Care Facilities Providing Abortion Care to Undocumented Immigrants and DACA Recipients” issued by the Department. The guidance specifies that health care providers “should provide, consistent with applicable law and professional medical standards, factually accurate information about all possible treatment options to all patients, including those who are undocumented immigrants or DACA recipients.” Furthermore, the guidance clarifies that health care providers must “not deny care based on a patient’s immigration or citizenship status.”