Two Houston-area clinic employees arrested for allegedly providing illegal abortions

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Two people have been arrested and charged with performing illegal abortions at a Houston-area health clinic, the first criminal charges brought under the state’s near-total abortion ban.

Maria Margarita Rojas, 48, a midwife, and Jose Ley, her employee, were charged with the illegal performance of an abortion, as well as practicing medicine without a license. The abortion charge is a second-degree felony, which comes with up to 20 years in prison.

Rojas, who identified herself as “Dr. Maria,” operated a network of clinics in Waller, Cypress and Spring. According to a news release from Texas Attorney General Ken Paxton, the clinics “unlawfully employed unlicensed individuals who falsely presented themselves as licensed medical professionals.” Rojas, with Ley’s assistance, attempted an abortion on a person identified as E.G. on two separate occasions in March, according to court records. In its bail motion, the state says Rojas also performed an abortion in Harris County earlier this year.

Court records show Rojas was first arrested on March 6, charged with practicing medicine without a license and given a $10,000 bond. She was again arrested Monday morning, alongside Ley, and charged with practicing medicine without a license and performing illegal abortions.

Waller County District Attorney Sean Whittmore told The Texas Tribune that Paxton’s office brought the case to his attention. The Office of the Attorney General does not have independent prosecutorial authority in Texas, but Whittmore, a former assistant attorney general who was appointed district attorney by Gov. Greg Abbott in December 2023, said he invited the state to handle the prosecution. Whittmore said the case will next go to a grand jury to consider indictment.

The state recommended Rojas and Ley each be held on a million dollar bond. On Monday, a Waller County judge ordered their bonds set at $500,000 for the abortion-related charges and $200,000 for the medical license charges.

Abortion is banned in Texas, except in narrow circumstances to save the life of a pregnant patient. The law does not allow for the person who terminated their pregnancy to be prosecuted.

“In Texas, life is sacred. I will always do everything in my power to protect the unborn, defend our state’s pro-life laws, and work to ensure that unlicensed individuals endangering the lives of women by performing illegal abortions are fully prosecuted,” Paxton said in a statement. “Texas law protecting life is clear, and we will hold those who violate it accountable.”

Calls to Rojas’ clinics were not immediately answered Monday. Holly Shearman, a midwife who runs Tomball Birth Center, where Rojas worked part-time providing prenatal care, said she was “shocked” by the news of her arrest. She described Rojas as a devout Catholic and skilled midwife whose clinics provided health care to a primarily Spanish-speaking, low-income community.

“I don’t believe it for one second,” she said about the allegations. “I’ve known her for eight years and I’ve never heard her talk about anything like that. I just can’t picture Maria being involved in something like this.”

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