What The Hell America!

Texas’ first abortion-related arrests come after a month-long attorney general investigation, marking the first criminal charges under the state’s near-total abortion ban.

This article was originally published by the Texas Tribune, and includes updated reporting from March 18.

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 certified nurse midwife, and Jose Ley, 29, 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, operates a network of clinics in Waller, Cypress and Spring, where she “unlawfully employed unlicensed individuals who falsely presented themselves as licensed medical professionals,” according to a press release from Attorney General Ken Paxton.

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 interviews with investigators, E.G. said Rojas’ employees portrayed her as a doctor, so when Rojas told E.G. that her pregnancy was likely non-viable, she agreed to take the abortion pills Rojas offered.

The woman told investigators that she would have continued the pregnancy, but “since the gynecologist informed her of medical complications that would arise should she continue with the pregnancy, she relied on that medical advice.”

In its bail motion, the state says Rojas also performed an abortion in Harris County earlier this year. Calls to Rojas’ clinics were not immediately answered Monday.

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. A third person, Rubildo Labanino Matos, was arrested March 8 and charged with conspiracy to practice medicine without a license, Paxton said Tuesday.

Inside the Investigation

The investigation into Rojas’ practices spanned more than a month and involved more than a dozen people with the Office of the Attorney General, the arrest affidavit shows.

It started with a complaint filed to the state Health and Human Services Commission, alleging two women had received abortions at the Clinica Waller Latinoamericana in Waller. K.P., 26, had an abortion at three months pregnant in September 2023, and D.V. had an abortion at eight weeks pregnant in January, the affidavit said. It does not specify who filed the complaint with the health agency.

Investigators with attorney general’s office and the Harris County Sheriff’s Office began surveilling Rojas’ clinics in late January and early February. They observed a man later identified as Ley working alone in one of the clinics as people came in and out, apparently seeking medical care.

Ley is not licensed to practice medicine in Texas. He was a licensed doctor in Cuba, but came to the United States illegally in 2022 and later was paroled and received a green card, according to the affidavit. Ley later told investigators that he was connected with Rojas after training with the global health nonprofit Doctors without Borders.

Ley told investigators that he saw patients as a medical assistant and would consult via tablet with someone he believed to be Labanino Matos, before signing forms with Labanino Matos’ name.

Labanino Matos, a licensed nurse practitioner, was under an agreed order from the Texas Board of Nursing for negligent treatment of a patient at another clinic. Texas law requires nurse practitioners to have a practice agreement with a licensed physician, which the affidavit says Labanino Matos did not have in place for these clinics.

In late February, the woman identified as D.V. confirmed that she received an abortion and identified Rojas as the person who performed the procedure, per the affidavit.

On March 3, an investigator was observing one of the clinics when a car pulled up and a young couple went inside. Only Ley was at the clinic, the investigator said, but after a time, Rojas arrived as well. When the couple left, it was clear the woman had undergone some sort of medical procedure, the investigator said.

On March 5, the attorney general’s office secured arrest warrants and search warrants for Rojas, Labanino Matos and Ley on charges of practicing medicine without a license. The search warrants found misoprostol, a common abortion-inducing drug that can also be used for other medical purposes, as well as ultrasound machines, forceps and other medical supplies.

Ley spoke to investigators, but Rojas declined.

While those arrests were unfolding, investigators tracked down and interviewed the woman who had been at the clinic on March 3. Identified as E.G. in the records, she said she had delivered twins by cesarean section six months prior and went to the clinic on the advice of her doctor in Mexico.

She said employees referred to Rojas as a gynecologist. Rojas told E.G. she was four weeks pregnant, but there was only an 18 percent chance of the pregnancy being successful. Lab results showed there was only a 9 percent chance of a successful pregnancy, E.G. said, which Rojas told her was insufficient to continue with the pregnancy.

Rojas gave her a pill orally, and Ley administered an IV and an iron injection. The next day, when she hadn’t had the expected bleeding, she returned to the clinic and was given an additional dose of the medication orally and vaginally. She later learned the medication was misoprostol.

E.G. paid $1,320 total for the consultations. She told investigators she was “shocked” to learn Rojas was not a gynecologist.

Based on this information, the attorney general’s office charged Rojas and Ley with performing an illegal abortion.

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.

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 healthcare 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.”