Interstate Travel for Abortion – What’s Being Criminalized and Where
The New Legal Landscape Around Abortion Travel
Since the Supreme Court overturned Roe v. Wade in 2022, millions of Americans have had to think carefully about their options when it comes to reproductive healthcare. For many people in states with strict abortion bans, traveling to another state has become one of the only available paths. But now, some states are trying to make even that option harder — and in some cases, potentially criminal.
Understanding what is actually being criminalized, where those laws exist, and what your rights are can feel overwhelming. This article breaks it all down in plain language so you know where things stand today.
Why Interstate Travel for Abortion Has Become a Legal Issue
When a state bans abortion, that law only applies within its borders. Historically, Americans have always had the right to travel between states freely. So if someone lives in Texas but travels to New Mexico for an abortion, they are acting legally under both federal and New Mexico law.
The problem is that some states are now trying to reach beyond their borders. Lawmakers in several states have proposed or passed legislation that attempts to punish people for actions they take in other states — or punish those who help them get there. This has created a complicated and fast-moving legal debate about the limits of state power.
What Are “Abortion Travel Bans” and Do They Exist?
True “abortion travel bans” — laws that explicitly make it a crime for a resident to leave a state to get an abortion — do not currently exist in any enforceable form. Courts have blocked attempts to create them, and most legal experts agree they would face serious constitutional challenges. The right to travel is widely recognized as a fundamental constitutional right.
However, that does not mean the legal picture is simple. Several states have taken indirect approaches that can still create real barriers or legal risks for people seeking abortions out of state.
States With the Most Aggressive Enforcement Approaches
A handful of states have been at the forefront of pushing legal boundaries when it comes to out-of-state abortion access. Here is a look at the key approaches being used:
1. Aiding and Abetting Laws
Some states have written abortion bans that include penalties for anyone who “aids or abets” someone in getting an abortion — even if that abortion takes place in another state. Texas, for example, has a law that allows private citizens to sue anyone who “aids or abets” an abortion. Missouri legislators have proposed similar measures that would apply to out-of-state procedures.
These laws can potentially target:
- Friends or family members who drive someone to a clinic in another state
- People who help pay for travel or lodging
- Employers who offer travel benefits for abortion care
- Organizations that fund or coordinate abortion travel assistance
2. Civil Lawsuits Instead of Criminal Prosecution
One way states have tried to work around constitutional protections is by using civil lawsuits rather than criminal charges. Texas’s Senate Bill 8 (SB 8) set the model for this approach. Instead of having state officials prosecute abortion cases, the law allows private individuals to file civil lawsuits against those who assist with abortions. The threat of expensive legal battles can be just as chilling to behavior as criminal prosecution.
3. Threatening Abortion Funds and Helper Networks
Organizations that help pay for travel, lodging, or childcare for people seeking abortions across state lines have found themselves in legal gray areas. Some state attorneys general have sent threatening letters or opened investigations into these groups. While no major criminal convictions have occurred, the pressure is real and ongoing.
Which States Are Most Actively Targeting Out-of-State Abortion?
While the legal landscape changes frequently, several states have been most active in attempting to restrict or penalize out-of-state abortion access:
- Texas: Home to some of the most aggressive private enforcement mechanisms. Lawmakers have repeatedly discussed expanding the state’s reach to include out-of-state procedures.
- Missouri: Legislators have proposed bills that would allow civil suits against Missouri residents who travel out of state for abortions, though these have not yet become law.
- Idaho: Passed a law that makes it a crime to help a minor travel out of state for an abortion without parental consent, which is sometimes called an “abortion trafficking” law.
- Tennessee: Has explored similar parental consent travel restrictions targeting minors.
What Is “Abortion Trafficking” and Should You Be Concerned?
The term “abortion trafficking” has been used in several state legislatures to describe helping a minor cross state lines to get an abortion without parental permission. Idaho was the first state to pass such a law, in 2023. Critics argue the term is misleading and designed to stigmatize both abortion and the people who help others access it.
If you are an adult seeking an abortion in another state, these laws do not directly apply to you. However, if you are helping a minor — even a family member — travel across state lines for reproductive care, you could face legal risk depending on the state you live in.
What Protection Do Abortion-Friendly States Offer?
In direct response to these legal threats, many states that protect abortion access have passed what are called “shield laws.” These laws are designed to protect both patients and providers from out-of-state legal actions. States with active shield laws include:
- California
- Colorado
- Illinois
- Massachusetts
- New York
- Washington
- Oregon
These shield laws generally do the following:
- Prevent state officials from cooperating with out-of-state investigations into legal abortions performed within their borders
- Block extradition requests related to legal abortion activity in the state
- Protect healthcare providers from losing their licenses due to out-of-state legal actions
- Provide legal defense resources for those sued under another state’s laws
Your Constitutional Right to Travel — And Its Limits
The right to travel between states is one of the most established rights in American constitutional law. It has been recognized by the Supreme Court in multiple cases over many decades. No state can legally tell you that you are not allowed to leave.
However, that right has never been fully defined in a single constitutional amendment. This means its exact scope is still debated, especially when it comes to activities that one state considers illegal.
Legal experts point out that while states cannot ban travel itself, they may have some ability to regulate conduct that begins in their state — like paying for or organizing a trip. This is one reason why abortion funds and logistics networks have been targeted rather than individual travelers.
What the Federal Government Is (and Isn’t) Doing
At the federal level, there have been efforts to protect abortion travel rights. The Freedom to Travel for Health Care Act has been introduced in Congress, which would explicitly protect the right to travel for abortion care. As of now, it has not passed.
The Biden administration issued executive guidance stating that federal law protects the right to travel for abortion. However, executive guidance can change with administrations, and it does not carry the same weight as a federal law passed by Congress.
Under the current political climate, the future of federal protection for abortion travel rights remains uncertain, which makes understanding your state-level rights even more important.
Practical Takeaways: What This Means for Real People
If you or someone you know is thinking about traveling for abortion care, here are some practical points to keep in mind:
- Traveling as an adult is currently legal: No state has successfully enforced a ban on adults leaving to seek abortion care elsewhere.
- Be aware of who you ask for help: In certain states, people who help arrange or fund your travel could face civil lawsuits, even if you personally face no criminal risk.
- Helping a minor is more complex: Parental consent and “abortion trafficking” laws in some states create real legal risks for those who help minors travel without parental knowledge.
- Shield laws protect providers and helpers in blue states: If you receive care in a state like California or Illinois, the providers and organizations helping you are generally well-protected legally.
- Stay informed: This area of law is changing rapidly. What is true today may shift within months as new laws are passed and court decisions are made.
The Bigger Legal Battle Still Ahead
Courts are still working through many of the fundamental questions raised by state attempts to regulate out-of-state abortion. Federal courts have blocked some aggressive state laws, but legal challenges take time, and some cases will likely reach the Supreme Court.
The tension between state power and the constitutional right to travel is real. How courts ultimately resolve that tension will shape the lives of millions of Americans for years to come. In the meantime, knowing the current state of the law — and where it is unsettled — is the best tool available for anyone navigating this difficult landscape.
If you are personally affected by these issues, consulting with a reproductive rights legal organization in your state is always a smart step. Groups like the ACLU, Planned Parenthood, and local abortion funds often have legal resources or referrals available at no cost.
