What does Arizona abortion ban mean to New Mexico? Here's what we know

The rates of women seeking abortion services in New Mexico increased by 257% ― that's 15,090 more abortions ― between 2020 and 2023 in the wake of implementation of some of the strictest abortion laws in neighboring Texas.

Texas' Heartbeat Act made it illegal for doctors in the state to perform abortions if a fetal heartbeat is detected; typically around six weeks.

As Arizona wrestles with a recent state Supreme Court ruling which upholds an abortion ban and some of its neighboring states pose the question of bans to voters, the state of New Mexico may find itself the lone protector of reproductive rights in the deep Southwest.

The Arizona Supreme Court on April 2 upheld a 160-year-old law that bans abortions and allows doctors who perform the service to be held accountable. Enforcement was stayed 14 days, and reproductive rights activist said the ruling imperils legal abortions in the state. Planned Parenthood and the American Civil Liberties Union of Arizona said the law cannot be enforced for 45 days after the final mandate is issued - which has not yet occurred.

"Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal ... and that additional criminal and regulatory sanctions may apply to abortions performed after fifteen weeks’ gestation," the ruling reads.

Read the text of the law: What does Arizona's 1864 abortion rule state?

Women seeking abortions travel across state borders in larger numbers

Data showed that in 2023 more than a million abortions occurred in the U.S. healthcare system, the year after the U.S. Supreme Court overturned Roe v. Wade. That is the highest number in more than a decade and a 10% increase since 2020, the report said. And the numbers are likely an undercount because they don't include self-managed abortions that happen outside the health care system.

As the number of women seeking abortion services increases so too did those who seek such services across state borders, most notably in New Mexico, Illinois, Virginia and North Carolina. Data provided to USA TODAY by Isaac Maddow-Zimet, a data scientist at Guttmacher, showed more than 160,000 people traveled out of state nationwide to have an abortion.

Those traveling to New Mexico for such service face harsh realities, including the sparse availability of abortion providers in the state, costs of procedures and transportation along with local political backlash.

More: Trump says he wouldn't sign a national abortion ban if elected, criticizes sweeping Arizona decision

Cochran County, Texas which borders eastern New Mexico made travel on its local roads to seek abortions illegal. Those seeking abortions who cross into New Mexico are not guaranteed a friendly welcome. Several New Mexico counties passed resolutions declaring themselves sanctuaries for the unborn, marking their unwillingness to see clinics within their county borders offer abortion services.

"In New Mexico, those are not enforceable but that doesn't mean that they still don't have the intended effect of putting another layer of shame and stigma and fear that prevents people from traveling to access the care that they need, and that's deliberate," said Joan Lamunyon Sanford, executive director of Faith Roots Reproductive Action (formerly known as New Mexico Religious Coalition for Reproductive Choice).

New Mexico clinic still in planning phase

Abortion is legal in New Mexico. The state protects a woman's right to seek an abortion, repealing a pre-Roe v. Wade ban on abortions, and does not require a waiting period.

New Mexico has just seven facilities that offer abortion services. In August 2022, Gov. Michelle Lujan Grisham pledged $10 million to the development of a clinic to provide abortions and other pregnancy needs in Las Cruces. Organizers say the effort to see that clinic constructed and open is still underway.

In 2020, providers performed less than 6,000 abortions in New Mexico, a number that rose sharply in 2023. The Guttmacher Institute's monthly abortion provision study showed a 257% increase of abortions provided in New Mexico in 2023, second only to Wyoming which grew 271%, and just above Kansas, where abortions provided rose by 114% last year.

"Whether it's people coming from Texas, Oklahoma or potentially Arizona, those numbers aren't as high as they should be. There is still significant numbers of people that no matter what the resources provided just still do not have the privilege - they have too many responsibilities in their life - to be able to take the time off from work or family responsibilities and travel for a day or two or four to get healthcare, to get an abortion," Lamunyon Sanford said.

Lamunyon Sanford said her organization continues to prepare to support those who need to travel to access abortions. Faith Roots Reproductive Action, a member of the National Network of Abortion Funds, is an abortion funds provider, providing assistance with travel costs, lodging, meals and other expenses.

She said she was confident support would continue to flow into the organization to allow them to help Arizonans, much as it did post passage of the Heartbeat Act in Texas.

New Mexico may find itself the lone state with abortion protection in the Southwest, as Colorado - which has 17 abortion clinics - is expected to ask voters to consider a ballot measure on the issue. If it does, the next nearest state with abortion service offerings would be Kansas where just 2 clinics exist and abortions are legal up to 20 weeks; or Utah where abortions are only performed up to 18 weeks of pregnancy, require parental involvement for juveniles and a 72-hour waiting period exists.

Colorado, Nevada and Nebraska joins Florida, New York, Maryland in 2024 abortion choice for voters

At the beginning of April, the Florida Supreme Court ruled abortion could appear on the state's ballot asking voters if they wish to hold the six-week ban indefinitely or expand services.

Among other states expected to propose ballot measures related to abortion services are Arkansas, Iowa, Main, Missouri, Montana, Nebraska, Nevada, Pennsylvania and South Dakota, according to Ballotpedia.

Montana already voted down a legislative referendum that would have said infants born alive at any stage of development are legal persons and establishing criminal penalties for breaking the law.

Voters have voted in favor of abortion protections in the ballot box

Since June 2022, citizens in several states have voted in favor of abortion rights:

• California - Proposition 1 codifying abortion protections in the state constitution, garnered a yes from voters in November 2022

• Vermont - In November 2022, voters opted to enshrine the existing law protecting the right to an abortion in the state constitution.

• Kentucky - Voters struck down Amendment 2 in November 2022, which asked voters "To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion." However, the state has the "most restrictive" bans in place according to the Guttmacher Institute.

• Kansas - Voters also struck down a constitutional amendment to bar abortion rights from the constitution in August 2022.

• Michigan - In November 2022, voters approved a measure to provide a state constitutional right to "reproductive freedom." It was the first state to pass a citizen-initiated constitutional amendment on abortion, according to KFF.

• Ohio - In November 2023, the state passed a citizen-initiated state constitutional amendment to protect reproductive choices, only allowing the state to regulate abortions after viability.

Jessica Onsurez is news director for USA TODAY-NEW MEXICO. She can be reached at jonsurez@gannett.com.

USA TODAY reporter Kinsey Crowley contributed to this reporting, as did Arizona Republic reporters Mary Jo Pitzl, Reagan Priest, Stephanie Innes and Reach reporter Stacey Barchenger

This article originally appeared on Las Cruces Sun-News: What does Arizona abortion ban mean to New Mexico?