Texas Midwife Arrested in First Case Under State’s Abortion Ban
Advocates claim the arrest targets both abortion care and immigrant communities.
Texas Attorney General Ken Paxton announced Monday the arrest of Houston-area midwife Maria Margarita Rojas for allegedly providing abortion services under the state’s strict ban and illegally running a clinic network. The 48-year-old faces a second-degree felony charge carrying up to 20 years in prison, along with an additional charge for practicing medicine without a license, which could result in a decade behind bars and fines up to $10,000. Two of Rojas’s colleagues, Jose Ley, 29, and nurse practitioner Rubildo Labanino Matos, 54, were also arrested as part of Paxton’s investigation.
These arrests mark the first criminal charges under Texas’ abortion ban and appear to be the first such arrests in a restricted state since the Supreme Court overturned Roe v. Wade in 2022.
Despite rising pregnancy-related deaths and increased infant mortality since the implementation of Texas’ near-total abortion ban in 2021, Paxton defended the state’s position in his statement on the arrest. “I will always do everything in my power to protect the unborn, defend our pro-life laws, and ensure that unlicensed individuals performing illegal abortions are prosecuted,” he stated. “Texas law protecting life is clear, and we will hold violators accountable.”
Texas enforces one of the nation’s strictest abortion bans, allowing no exceptions for rape, incest, or severe fetal abnormalities. The vague definition of a medical emergency has left doctors hesitant to intervene, fearing legal repercussions. As a result, many patients in life-threatening situations have been denied abortion care, leading to severe health complications, including hemorrhaging and loss of reproductive organs.
The consequences of the extreme ban have been dire. Texas has seen a rise in infant deaths, and a ProPublica analysis found that sepsis cases increased by over 50% among patients experiencing second-trimester pregnancy loss in hospitals. Last fall, ProPublica reported that three pregnant women died after doctors delayed miscarriage treatment—deaths that medical experts say were preventable.
Midwives like Rojas provide comprehensive reproductive care, including pregnancy, labor, delivery, and postpartum support. Some patients require abortion or miscarriage management, but the state’s restrictive policies have forced midwives to navigate significant risks to their patients. As bans increase forced pregnancies and associated complications, the demand for abortion care persists. Thousands in restricted states continue to access abortion pills online or travel out of state for care.
Rojas allegedly attempted to induce an abortion for a patient identified as “E.G.” by administering abortion pills twice in March. She was first arrested on March 6 for practicing medicine without a license and given a $10,000 bond. A friend reported that when Rojas was pulled over while driving to a clinic, she was detained at gunpoint and handcuffed without explanation. Prosecutors sought a $1 million bond for Rojas and Ley, but a judge set it at $500,000 for abortion-related charges and $200,000 for the licensing charges. The case will now proceed to a grand jury for indictment consideration.
Although Texas’ attorney general lacks direct authority to prosecute criminal cases, Paxton can act if requested by a district attorney. In this instance, he collaborated with Waller County District Attorney Sean Whittmore, a former Paxton associate, who said the attorney general’s office brought the case to him two months ago. The complaint was initially filed with the Texas Health and Human Services Commission, prompting investigators to monitor the clinics.
For many in Texas, the arrest was expected. Paxton has aggressively targeted abortion providers for years. In 2023, he threatened legal action against hospitals and doctors for providing emergency abortion care. He also sued the Biden administration for ensuring the Emergency Medical Treatment and Labor Act applied to abortion cases in banned states. Additionally, he sought to bypass HIPAA protections to access out-of-state abortion records. Recently, Paxton filed a civil lawsuit against New York doctor Margaret Carpenter for allegedly mailing abortion pills to a Texas woman, leading to a $100,000 fine and a Louisiana felony indictment. Despite the risks, doctors in abortion-legal states continue prescribing abortion pills via telemedicine.
These arrests could create a chilling effect among healthcare workers and patients alike, says Dr. Ghazaleh Moayedi, a Dallas-area ob-gyn who provided abortion care before the bans. Paxton and other officials are working to instill fear among those offering or seeking comprehensive reproductive care, she warns.
“Community healthcare workers—including midwives, doulas, and nurses—are vital in Texas, especially under these extreme abortion bans,” says Moayedi, who also chairs the board of Physicians for Reproductive Health. “Regardless of the case details, this arrest is meant to intimidate those who need or provide abortion care.”
Moayedi also sees the arrests as potentially driven by anti-immigrant sentiment. Paxton’s press release highlighted that Ley “entered the U.S. illegally in 2022” and noted Matos was detained after returning from Cuba. Rojas, originally from Peru, practiced obstetrics there before immigrating to the U.S. At her three Clinica Latinoamericana locations, she provides affordable care to primarily Spanish-speaking, low-income patients.
Immigrants already face significant healthcare barriers, including heightened criminalization risks based on immigration status. Traveling out of state for care could expose them to detention, family separation, or deportation.
“It’s no surprise that the first person arrested under these charges is a woman of color, a midwife, and a provider for immigrant communities,” Moayedi states. “Paxton’s actions target someone serving Spanish-speaking patients at the intersection of anti-abortion and anti-immigrant policies.”
Local activist D’Andra Willis of the Afiya Center, a North Texas reproductive justice group, agrees, arguing that Rojas’s arrest is an attack on communities of color that have historically relied on midwives due to systemic healthcare inequities. The U.S. has a long history of criminalizing midwifery.
“Midwifery isn’t just medical care—it’s a cultural and indigenous practice for people of color,” Willis explains. “Mainstream healthcare has created deep distrust in these communities, and midwives remain trusted allies for those marginalized in traditional settings.”
Her organization partners with community midwives to provide prenatal care and labor support. “These arrests add fear to an already dangerous environment for reproductive healthcare,” Willis says. “But those of us fighting for reproductive rights in Texas have lived under fear for years. We will keep doing our work—no matter what.”
As the case unfolds and potential future arrests loom, Texas lawmakers continue introducing bills targeting abortion pills. Moayedi urges the public to remain skeptical of official narratives from Paxton and law enforcement.
“It’s crucial not to fall for the authoritarian, anti-abortion messaging coming from the state,” she warns. “In these terrifying times, we must remember: Everyone is innocent until proven guilty.”