Two arrested accused performing illegal abortions in Houston-area clinics

WALLER COUNTY - Two people accused of illegally providing abortions in the Houston area have been arrested, according to the Waller County District Attorney's Office.

Texas abortion arrest

What we know:

Maria Margarita Rojas, 49, a midwife known as "Dr. Maria" from Cypress, and Jose Cendan Ley, 29, a Cuban citizen living in Houston, were taken into custody and charged with the illegal performance of an abortion and practicing medicine without a license.

Waller County District Attorney Sean Whittmore says that the Attorney General's Office came to him a few months ago to tell him that they were investigating what they called an "illegal abortion" that happened in Waller.

"In this case we're dealing with someone who is not licensed to practice medicine and who allegedly performed an abortion," he said. 

Investigators with the Attorney General's Office say Rojas owned and operated multiple clinics: Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress, and Latinoamericana Medical Clinic in Spring. 

The facilities allegedly employed unlicensed individuals who posed as medical professionals, according to the AG's Office.

Both Rojas and Ley are charged with at least two counts of performing an illegal abortion and practicing medicine without a license.

Bond was set at $500,000 for each count of performing an illegal abortion and $200,000 for each count of practicing medicine without a license for each defendant. 

Providing an illegal abortion is a second-degree felony that comes with a prison sentence of up to 20 years, if convicted.

"This is a very conservative community where we hold life to be very sacred, and we also expect people to follow the law," said Whittmore. 

Records say that Ley is not a U.S. citizen, but a Cuban national. 

"There were rumors that immigration was here and that they were checking. But then they said that it was the FBI, and they found something wrong going and caught the big dogs," said Meño Pedraza, a neighbor to the Waller clinic. 

Under the Texas Human Life Protection Act of 2021, abortion providers can receive civil penalties of at least $100,000 per violation.

The Healthcare Program Enforcement Division of the Attorney General's Office filed a temporary restraining order to shut down the clinics.

The Attorney General's Office is expected to prosecute the case.

Attorney against abortion charge

The other side:

While both defendants are accused of practicing medicine without a license, some activists say that is the only charge the two should be facing. 

"Just criminalizing abortions has resulted in the rise of all kinds of human misery from increased divorces, increased family sizes when they can't afford to care for the kids they have now," said Brian Harrison, Organizer with Socialist Alternative and Defense Attorney. 

The Associated Press reports that this is the first time authorities have filed criminal charges under the state’s near-total abortion ban. 

Harrison argues that criminalizing abortion forces patients to seek the operation wherever they can find care. 

"Criminalizing abortion in this way is going to make people more frightened, more scared, and it's going to put a burden on families across the state," he said. 

"Life is sacred"

What they're saying:

"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," said Attorney General Paxton in a statement.

"In Waller County we respect the sanctity of all life and our citizens expect people to follow the laws of the Great State of Texas," said Waller County District Attorney Sean Whittmore in a statement. 

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