People have questions about their legal rights to abortion. It can be confusing because abortion laws and immigration laws are changing a lot. That’s why I Need An A and the lawyers at If/When/How wrote this guide.

Please know:

• You do not have to tell anyone your immigration status to get an abortion.
  
• But how you have an abortion, and where you have an abortion, could matter. If you have an immigration lawyer, talk with them. Ask them what could put you at legal risk if you get an abortion. If you don’t have an immigration lawyer, or aren’t sure if you need one, the Repro Legal Helpline may be able to help. Call (844) 868-2812.
  
• We want everyone to feel safe. If you are worried about your privacy, read our privacy guide.
  
• If you’re an immigration lawyer and have questions about abortion laws or want to learn more about how to support abortion seekers, contact If/When/How.

Where can I get an abortion?

Abortion laws are different in every state. But in general, people:

• Travel to an abortion clinic
• Take abortion pills at home

Everyone has the right to travel for an abortion. Use Ineedana.com to find the closest clinics and travel support.

Some people choose pills by mail. Sometimes they choose this because abortion is banned where they live. Or because they can’t travel. And sometimes they just prefer doing it at home. This is called self-managed abortion (SMA).

SMA means ending a pregnancy on your own, without the support of a doctor. Many people self-manage. It is common. It is medically very safe. And SMA is not a crime in any state (except after 24 weeks of pregnancy in Nevada).

But sometimes, people who self-manage abortion are investigated or even charged by the police, child protective services, or immigration. That is because what the laws say and what happens in reality can be different.

To get legal advice about your rights and possible risk, contact the Repro Legal Helpline at 844-868-2812.

Can I travel to get an abortion?

Yes. Everyone has the constitutional right to travel. But if you are not a citizen, there could be legal risk. There is a chance you get stopped by local police, ICE, or Customs and Border Patrol (CBP) while traveling. You know your needs better than anyone.

If traveling is right for you, learn more about:

• Deciding to travel for an abortion
• Finding support organizations that can help you coordinate and pay for travel
• Abortion for people under age 18

If you don’t want to or can’t travel, some people self-manage at home. But there could be legal risk with this too. Here’s more information about self-managing

• Different ways to get pills
• Pills by mail after 12 weeks pregnant
• Self-managed abortion
• Privacy and digital safety

If I decide to travel, what should I consider?

If you are not a U.S. citizen, it might feel scary to travel, especially across state lines, right now. Here is more information on traveling when undocumented. And here are some questions to think about:

Will the clinic make me show ID?

Clinics will ask for a photo ID. You can use a driver’s license, passport, or school ID. If you do not have a photo ID, ask the clinic what you can do.

Will the clinic or abortion fund ask about my immigration status?

No. Clinics should not ask about immigration status. But if they do, you do not have to answer. And the clinic cannot turn you away for not answering.

If you are worried, you can call the clinic to ask about their policies on ICE.

Questions you can ask the clinic:

• Do you allow ICE into the building?
• Has ICE ever been to the clinic?
• If ICE shows up, what does the clinic do?

You can ask other questions about your safety too. For example, you can ask how the clinic handles protestors. Or you can ask about their rules for calling the police.

Local abortion funds may also have information about ICE. Abortion funds will never ask about your immigration status. And some, like Frontera Fund in Texas, have special support for people who are undocumented.

What if I need to go to the hospital? Can they refuse to treat me because of my immigration status?

No. Hospitals cannot turn you away because of your immigration status. They cannot share your information unless you say it’s okay or if there is a warrant by a judge. Click here to learn more about what a warrant from a judge.

In 2024, Florida and Texas made a rule that hospitals have to ask about immigration status. The states said it is for statistics. But you do not have to answer. And no matter what you say, the hospital still has to treat you.

Learn more about what to do if you need to go to the emergency room during or after an abortion.

If you’re a clinic or abortion provider and want to learn more about how to protect your patients, check out this Know Your Rights guide by the National Immigration Law Center.

How can I protect myself if I travel out of state for an abortion?

No matter how you decide to travel:

Traveling by land:

If you’re taking a Greyhound bus, you do not need ID. Also, Greyhound says it does not allow ICE on its buses or bus stations.

If you’re taking the Amtrak train, you do not need ID to buy a ticket. Amtrak may do random ticket checks on trains.

Traveling by plane:

You can fly in the U.S. (including all 50 states and U.S. territories) with a foreign passport.

If you’re traveling to or from Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, or the Northern Mariana Islands, CBP may do extra inspections. Talk to an immigration lawyer before traveling to any U.S. territories.

How can I keep people in my community safe?

Keeping your community safe means knowing where and how to get an abortion. Sharing trusted resources has never been more important—everyone has the legal right to share information about abortion, no matter where they live.

If you work at an abortion fund or clinic, make sure your written materials are translated into the most commonly spoken languages in your community, and have interpreters available either in-person or over the phone.

If you’re a healthcare provider, remember that you are not required to give or facilitate police access to any of your patients, especially if it would put your patient’s condition at risk.

You should always:

• Ask to see a warrant
• Tell your patient they have the right to remain silent and talk to a lawyer first
• Stay with your patient if police insist on questioning them

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