TX Makes First Criminal Arrests Under Abortion Ban, Unlicensed Midwife & Employee

According to Texas Attorney General, Ken Paxon, the state has made its first criminal arrests under the state's near-total abortion ban, a Houston-area midwife is accused of performing illegal procedures and practicing medicine without a license. This case marks a major shift in how Texas enforces its strict abortion laws, setting a potential precedent for future prosecutions.

The Accused: Maria Margarita Rojas and Jose Ley

Maria Margarita Rojas, 49, and her alleged employee, Jose Ley, 29, were taken into custody on March 17, 2025, following an investigation by the Texas Attorney General’s office. Prosecutors claim Rojas, who ran multiple clinics in the Houston area, attempted to perform abortions on two occasions in March and carried out another earlier in the year.

Despite lacking medical credentials, Rojas reportedly introduced herself as "Dr. Maria" and operated facilities in Waller, Cypress, and Spring. Authorities allege that these clinics employed unlicensed staff who misrepresented themselves as medical professionals.

Ley, a Cuban citizen, is also facing charges. Records show he does not hold a Texas medical license, adding concerns about the legitimacy of those working in Rojas' clinics. He entered the country without documentation in 2022 and was later paroled under immigration policies enacted by the Biden administration.

Serious Charges and Possible Penalties

Rojas and Ley are facing multiple felony charges, including:

• Illegal performance of an abortion – a second-degree felony that carries a prison sentence of up to 20 years.
• Practicing medicine without a license – a charge that comes with additional legal consequences.

Their bond has been set at $500,000 for the abortion-related charges and $200,000 for practicing medicine without a license. The case now moves to a grand jury, where prosecutors will seek an indictment.

Under Texas law, the individual who received the abortion cannot be prosecuted. The legal focus remains on those performing or facilitating the procedure.

First Criminal Charges Under Texas' Abortion Ban

This case is the first of its kind since Texas enacted one of the country’s strictest abortion bans after the Supreme Court overturned Roe v. Wade in 2022. Texas Attorney General Ken Paxton, who announced the arrests, has vowed to continue enforcing these laws and holding providers accountable.

Paxton’s office worked alongside Waller County District Attorney Sean Whittmore to bring these charges, demonstrating the coordinated effort between state and local agencies.

What This Means for Abortion Access and Medical Professionals

The arrests of Rojas and Ley highlight growing legal risks for those involved in abortion care in Texas. With legal options nearly eliminated, individuals may turn to unlicensed providers, increasing the danger of complications and poor medical outcomes.

This case could also serve as a test for how aggressively Texas—and potentially other states with similar bans—will prosecute abortion-related offenses in the future.

What Comes Next?

As the case heads to court, it is likely to draw national attention from both sides of the abortion debate. The outcome could set legal precedents for providers operating in states with strict abortion laws, further shaping the landscape of reproductive care in the U.S.

With legal, ethical, and medical concerns at play, this case is about more than just the accused—it’s a reflection of the broader challenges facing reproductive care providers and patients navigating restrictive policies.

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