First Abortion-Related Arrests in Texas Under New Law Following Attorney General Investigation
This article is produced with contributions from the Texas Tribune and includes updates as of March 18.
Details of the Arrests
In a significant development regarding Texas’ stringent abortion laws, two individuals have been arrested and charged for allegedly conducting illegal abortions at a health clinic near Houston. This marks the first set of criminal charges under Texas’s near-total abortion ban.
Maria Margarita Rojas, a 48-year-old certified nurse midwife, has been accused alongside her employee, 29-year-old Jose Ley. Both face serious charges, including the illegal performance of abortion, a second-degree felony which could lead to up to 20 years in prison.
According to the Texas Attorney General Ken Paxton’s office, Rojas operated a network of clinics located in Waller, Cypress, and Spring, unlawfully employing unlicensed personnel who misrepresented themselves as licensed medical professionals.
Investigation records indicate that Rojas, assisted by Ley, attempted to perform abortions on a client referred to as E.G. on two occasions in March. E.G. reported that Rojas’s staff identified her as a doctor, leading E.G. to accept the abortion pills Rojas offered after being told her pregnancy was likely non-viable.
E.G. expressed that she would have preferred to continue her pregnancy had she not received medical advice about potential complications.
The legal proceedings have already begun, with court documents revealing Rojas’ initial arrest on March 6, followed by her detention along with Ley shortly thereafter. A third individual, Rubildo Labanino Matos, was arrested on March 8 for conspiracy related to the practice of medicine without a license.
Investigation Overview
The investigation that led to these arrests spanned over a month and involved extensive surveillance and interviews conducted by the Office of the Attorney General in conjunction with the Harris County Sheriff’s Office.
The inquiry began following a complaint to the state Health and Human Services Commission regarding two women who reportedly received abortions at Rojas’ Clinica Waller Latinoamericana clinic. The women, identified only by their initials, had undergone abortions in September 2023 and January 2024, respectively.
Surveillance of the clinic initiated by investigators in late January revealed Ley assisting in patient care without a Texas medical license. Although he had been a licensed doctor in Cuba, Ley had entered the United States illegally and was later paroled.
Upon interviewing patients, one woman (D.V.) explicitly confirmed that Rojas performed her abortion, prompting investigators to secure search warrants for Rojas, Ley, and Matos on March 5.
During the searches, investigators seized misoprostol—an abortion-inducing medication—as well as various medical equipment such as ultrasound machines and forceps.
In a troubling recount, E.G. informed investigators she was misled about Rojas’ qualifications, stating she was referred to as a gynecologist and was provided medication under questionable medical advice.
The state has recommended substantial bail amounts for both Rojas and Ley, reflecting the gravity of the charges against them.
In response, Holly Shearman, a midwife who previously worked with Rojas, expressed disbelief about the allegations, asserting her professionalism and dedication to providing care for underserved communities.