Beyond Citizenship: The Overlooked Struggles of Undocumented People in the Fight for Reproductive Rights
As the 2024 election cycle approaches, reproductive rights and immigration are again at the forefront of national politics. Yet, because undocumented people are criminalized by the U.S. government and denied the right to vote, neither political party is incentivized to advocate for their rights. In fact, both parties have a vested interest in silencing this vulnerable community, relying on them as a source of cheap labor for US companies to exploit. As such, even though reproductive rights are a priority for many voters in the upcoming election, the needs of undocumented individuals seeking access to reproductive healthcare remain overlooked and unaddressed.
While pro-choice advocates have popularized slogans such as ‘abortion is healthcare,’ framing abortion as a medical rather than legal matter, this perspective overlooks the reality that undocumented individuals still face steep barriers to accessing healthcare. The few affordable healthcare options like Medicare and Medicaid require a Social Security number, effectively excluding those without legal status from essential reproductive services. A 2023 survey by the Kaiser Family Foundation (KFF) and the Los Angeles Times reveals that 60% of immigrant women of reproductive age lack health insurance. This lack of access affects their ability to obtain contraception, access maternal health care, abortions, and preventive services like pap tests and mammograms — despite their tax contributions. This issue is likely to worsen as policies are enacted that make retaliation against migrants easier for seeking these essential services.
One such policy that puts migrants at risk is Texas Governor Greg Abbott’s recent executive order, put in effect November 1st, 2024, which requires hospitals to collect information on patients’ immigration status to determine care costs. This policy is expected to deter many undocumented individuals from seeking any necessary medical services due to fears that their information could be used against them in immigration proceedings, classified as a public charge, or handed over to ICE, potentially leading to detention. These fears are particularly acute when the services required are already banned in the state. In a post-Roe America where abortion bans have proliferated—particularly in the South and Midwest—many individuals are being forced to reproductive care,including abortions, in other states. This shift not only compounds the logistical and financial burdens undocumented people already face but it also increases the risk of encountering immigration enforcement.
While this data sheds light on the experiences of some in the undocumented community, it has limitations. The available statistics often rely on a cisnormative understanding of sex and gender, excluding many people who don’t identify as cisgender women. Additionally, it uses a narrow definition of reproductive healthcare that does not explicitly include gender-affirming services. However, if reproductive healthcare encompasses medical services that affirm one’s ability to make choices about their body, it must account for not only pregnancy-related care but also gender-affirming care (GAC). After all, GAC, like reproductive healthcare, enables individuals to exercise bodily autonomy, directly impacting their reproductive freedom. Furthermore, by using this more restrictive definition, there is a significant risk of further invisibilizing the obstacles faced by those most marginalized within the undocumented community. For instance, Advocates for Trans Equality (A4TE), an organization that fights for the legal and political rights of transgender people in the U.S., estimates that between 15,000 to 50,000 undocumented LGBTQ+ immigrants are transgender, though the actual number is likely higher due to fears of discrimination. Yet, data on access to gender-affirming surgeries for transgender undocumented people in the U.S. is very scarce. This lack of representation makes an already vulnerable minority invisible, inevitably leading to fewer resources, funding, and access. These realities converge, creating conditions that legally suppress people’s ability to access reproductive healthcare including GAC.
Not only are undocumented people excluded from healthcare, but they are also targeted by government agencies operating under a white supremacist, genocidal agenda. Many politicians fuel this hostility with xenophobic narratives, portraying undocumented individuals as inherently criminal. This is clearly demonstrated by policymakers who have framed immigration as an “invasion” which taps into fear-mongering and reinforces dangerous stereotypes that further dehumanize undocumented communities.
At the same time, other elected officials perpetuate a pro-capitalist “good immigrant” trope, supporting immigration when it aligns with their interests. We’ve witnessed politicians discuss immigration reform while tying it to the necessity of “securing the border.” Such rhetoric underscores a conditional acceptance of immigrants, favoring those deemed “useful” within a capitalist framework while reinforcing the exclusionary policies that harm the most marginalized immigrants.
Furthermore, presidents from both parties have historically been complicit in human right violations against detained undocumented people. One egregious example is the treatment of detained undocumented women. According to the National Women’s Law Center, over 440,000 immigrants are held in civil detention, many of whom are denied basic reproductive healthcare. Reports reveal instances of forced childbirth while shackled as well as non-consensual sterilizations.
Given these realities, it is critical to reject our reliance on purportedly civilized governments as sources of justice and morality. After all, they were made possible by centuries of chattel slavery, forced displacement and ethnic cleansing. Instead, we must support local, national, and international efforts built to prioritize the needs of marginalized communities including mutual aid networks, community health clinics, reproductive justice movements, prison abolition campaigns, immigrant solidarity networks, and Indigenous Land Back movements. We must create a community where we can think critically, question power, be vulnerable, and care for one another. By centering the most vulnerable voices and their needs, collectively, we can raise the baseline for everyone and move toward a future where bodily autonomy transcends citizenship.
Larissa (they/she) is a queer artist, an herbalist, a doula, and a historian. They were born and raised in Mexico City and moved to Texas as …
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