A Texas midwife has been arrested and charged with performing illegal abortions and practicing medicine without a license, marking the first known criminal case against a health care provider under the state’s strict abortion ban, which took effect in 2022.
Maria Margarita Rojas, 49, was arrested earlier this month after an investigation by Texas Attorney General Ken Paxton’s office. Rojas is accused of operating three health clinics in the Houston area where she allegedly performed abortions and employed unlicensed staff who posed as medical professionals.
The case has ignited a firestorm in the ongoing national debate over reproductive rights, as Texas continues to enforce one of the most restrictive abortion laws in the country.
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A First Under Texas’ Abortion Ban
The charges against Rojas appear to be the first criminal case brought against a health care provider since Texas banned nearly all abortions following the U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022.
Rojas faces a second-degree felony charge for performing an illegal abortion, which carries a penalty of up to 20 years in prison and a $10,000 fine. She is also charged with a third-degree felony for practicing medicine without a license.
According to court documents, Rojas was first arrested on March 5 on charges of criminal conspiracy to commit practicing medicine. She was released on a $10,000 bond but was arrested again on Monday for allegedly performing an abortion and violating the state’s occupation code after her initial arrest.
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Paxton’s Pledge to Enforce the Ban
In a statement announcing the arrest, Paxton emphasized his commitment to enforcing Texas’ abortion laws, which prohibit the procedure except in cases where a physician determines it is necessary to save the life of the pregnant person or prevent substantial harm to a major bodily function.
“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,” Paxton said.
The attorney general’s office has taken an aggressive stance on abortion enforcement. In December, Paxton sued a New York doctor for allegedly prescribing abortion pills to a patient in Dallas. That same doctor was indicted by a Louisiana grand jury in January, marking the first known criminal charges against a provider for sending abortion pills across state lines.
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The Case Against Rojas
Rojas is alleged to have owned and operated three health clinics in northwest Houston, where she and her staff reportedly performed abortions and provided medical services without proper licensing.
Waller County District Attorney Sean Whittmore referred the case to Paxton’s office, which is expected to handle the prosecution. Whittmore’s office declined to comment further, citing the ongoing investigation.
A Broader National Debate
The arrest comes amid a heated national debate over reproductive rights and access to abortion. Since the fall of Roe v. Wade, at least 14 states have enacted near-total abortion bans, while others have moved to protect abortion access.
Texas’ law, known as Senate Bill 8, allows private citizens to sue anyone who aids or abets an abortion after about six weeks of pregnancy. The law has faced widespread criticism from reproductive rights advocates, who argue it endangers women’s health and targets health care providers.
“This case is a chilling reminder of the consequences of criminalizing abortion,” said Amy Hagstrom Miller, president of Whole Woman’s Health, a group that previously operated abortion clinics in Texas. “When abortion is banned, people are forced to seek care in unsafe environments, and providers are vilified for offering essential health care.”
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Rojas is scheduled to appear in court in the coming weeks. If convicted, she could face significant prison time and fines, setting a precedent for how Texas enforces its abortion ban moving forward.
As the case unfolds, it is likely to draw national attention, further polarizing the debate over abortion rights and the role of state governments in regulating reproductive health care.
For now, Rojas’ arrest underscores the high stakes for health care providers in Texas—and the lengths to which state officials will go to enforce one of the nation’s most restrictive abortion laws.
