As the Supreme Court voted on June 24, 2022 to effectively overturn its Roe V. Wade decision, the legality of abortion is now under individual state’s decisions. Abortion is legal in New York, and recent statements from officials affirm that New York will continue to make abortions accessible to everyone — including undocumented immigrants and visitors from out of state.
Under New York law, health care practitioners may provide abortion care up to the second trimester and after that point in cases where a patient’s health is at risk or if the pregnancy will not survive.
Coverage for All New Yorkers, Regardless of Immigration Status
Abortions are covered under NYC Care, a healthcare access program for low-income residents who are excluded from Medicaid. Essentially, undocumented immigrants can receive low-cost to no-cost healthcare services — including abortions — at NYC Health + Hospital locations.
NYC recently eliminated a 6-month residency requirement to sign up for NYC Care. So, undocumented immigrants who are eligible can gain healthcare access as soon as they have a proof of address — though NYC Care states it can still help if an applicant doesn’t have the proper documents. The program promises “new members a primary care appointment within two weeks and access to specialty care if needed.”
New York residents who qualify for Medicaid can have the full cost of their abortion covered. Under federal law, immigrants must have had their legal status for at least five years to enroll in Medicaid. Many abortion clinics can enroll clients in Medicaid on the same day that they make their appointment.
Since 2017, New York law has required that private insurance providers cover the full cost of “medically necessary” abortion without co-pays.
Hospitals will never share personal information with immigration enforcement officials.