People protest against Idaho's abortion ban at the state Capitol in January. Women who faced pregnancy complications and the Center for Reproductive Rights challenged abortion restrictions in Idaho, Oklahoma and Tennessee.

Last month, pro-choice advocates were shaken when Kadyn Swainston, 18, and his mother Rachel Swainston, 42, were arrested in Idaho and charged with felony kidnapping after the pair helped Kadyn’s 15-year-old girlfriend obtain an abortion in Bend.

According to court documents, they specifically chose to travel to Oregon because the state does not require parental consent for minors seeking an abortion. But in states like Idaho, where abortion is universally banned, new laws are being created to enforce pro-life regulations even as patients travel across state lines to obtain the procedure.

No Central Oregon law enforcement agencies appear to have assisted the Pocatello Police Department in the Swainston investigation. However, The Bulletin learned the Bend Police Department, the Deschutes County Sheriff’s Office and Oregon State Police have no policies when it comes to assisting out-of-state law enforcement in abortion-related cases.

“This is a very polarizing topic and not necessarily one for law enforcement to weigh in on,” said Sgt. Jason Wall, Deschutes County Sheriff’s Office spokesman, as he emphasized agency’s neutrality on the subject of abortion.

With legislation — and enforcement — of abortion policies returned to the states in 2021, the abortion landscape has changed dramatically nationwide. Currently, Planned Parenthood in Bend is the only location to obtain an abortion in Central Oregon and it is one of the closest clinics for residents in states where abortion is outlawed at any stage of pregnancy.

In Oregon, out of state patients have increased more than 50% since 2020, which is the last full year of data collected by the state of Oregon before Roe v. Wade was overturned.

So far, the state has recorded 1,020 abortions from out-of-state patients through September, compared to a total of 672 for the whole of 2020.

Amid this trend where more patients traveling to Oregon for abortion care, pro-life legislators in states like Idaho or Texas are working to criminalize the act of assisting in an abortion.

Recently, a federal judge blocked an Idaho law that would make it a felony to assist a minor traveling out of state for an abortion.

Another route pro-life prosecutors can take, is charging those assisting the patient with other crimes, like kidnapping.

This is what happened to the Swainstons.

Planned Parenthood Columbia Willamette declined to comment on the implications of cross-state enforcement, providing The Bulletin with a statement from the organization’s interim president and CEO, Kenji Nozaki.

“At Planned Parenthood Columbia Willamette, our licensed providers and health center staff at each of our Oregon and SW Washington health centers are deeply committed to providing accessible, expert, and inclusive sexual and reproductive health services that entrusts our patients to make the best decisions for themselves,” Nozaki said. “As always, we comply with all state and federal laws, as well as adhere to patient confidentiality and HIPAA guidelines.”

Bend Police Department spokesperson Sheila Miller said the department has no policies regarding abortion laws in other states or prohibiting Bend Police from assisting in an abortion-related investigation from an out of state agency.

Miller said Bend Police could make an arrest for

an out-of-state agency, or assist by conducting interviews, depending on the case.

“As a department, we ask agencies outside of the state or county to assist us on cases sometimes,” Miller told The Bulletin. “Likewise, agencies from other parts of the state/nation ask us for assistance as well. … We would not conduct an investigation, but might provide assistance, depending on the case.”

Wall, sheriff’s spokesman, said the Deschutes County agency would likewise not assist in investigating an abortion that took place in Oregon “because in the state of Oregon it is not against the law. … However we will investigate incidents constituted as a crime in the state of Oregon, such as kidnapping.”

OSP Capt. Kyle Kennedy confirmed the state agency did not have policies regarding agency assistance in abortion cases but added he doesn’t comment on hypotheticals.

“We enforce the laws that are currently on the books and do not have authority to go beyond what the Legislature has codified into law,” Kennedy said. “Kidnapping is a different thing, but we do not have laws against abortion in Oregon.”

Despite a lack of policies, many pro-life advocates believe the enforceability of abortion crimes across state lines will be the next battleground in the fight for or against abortion access.

Recently, a lawsuit in Texas sought to combat access to abortion nationwide by challenging the FDA certification of mifepristone, an early abortion medication.

In Oregon, mifepristone is widely available to patients through the mail and through telehealth appointments.

“This meritless lawsuit is part of a larger campaign to ban abortion in every state, including those with legal protections for abortion access,” said Gov. Tina Kotek in a news release in April about the lawsuit. “We cannot afford to stand by and watch our fundamental right to reproductive health care be stripped away.”

To date, the lawsuit has had no effect on the national supply of mifepristone after the Supreme Court issued an injunction until the appeals process is completed.

Still, Kotek has partnered Oregon Health and Science University to obtain a

three-year supply of mifepristone.

In Idaho, Kadyn and Rachel Swainston are scheduled for separate preliminary hearings in Bannock County this December.

At this time, there is no indication that the minor who obtained the abortion faces any charges.

— Reporter Bryce Dole assisted in this investigation.