Key Points
- Females who are travelling through or to the United States can be asked whether they have terminated a pregnancy.
- Madolline Gourley said she was asked if she had an abortion in June, prompting concerns for other Australian women.
Females who are travelling through or to the United States can be asked whether they have terminated a pregnancy if detained for questioning at an airport, officials have confirmed.
The confirmation from US Customs Border and Protection (CBP) has left 32-year-old Brisbane woman Madolline Gourley shocked, more than two months after she told the Guardian she was deported to Australia after being asked if she had had an abortion, a claim US CBP disputed.
Now she wants to warn other female travellers transiting through or visiting the US to beware of questions regarding their reproductive health.
"Pretty much every female traveller coming from Australia should be concerned that they could be pulled in and asked these kinds of questions," she told SBS News.
Madolline, 32, was travelling through the US to house- and cat-sit in Montreal, Canada. Source: Supplied / Madolline Gourley
During her detainment at the airport, where she was patted down, interviewed twice and held for five hours, Ms Gourley said she was asked by a female officer: "Have you recently had an abortion?"
Following its assessment, US CBP confirmed she would be sent back to Australia, without providing her with any documents that explained her deportation.
Her detainment came just a week after the for almost half a century. Since then, abortion has been banned in at least 15 states, spurring international outcry from pro-abortion activists.
US customs denies any wrongdoing
More than two months later, the CBP denied any wrongdoing in a statement to US-based media outlet the Daily Beast.
The CBP it is standard procedure to ask health-related questions to detainees at the airport, including those related to pregnancy and "pregnancy loss".
A CBP spokesperson also told SBS News on Sunday it is part of the CBP policy issued in November 2021 to provide appropriate care for people in custody who are pregnant, postpartum, nursing, or caring for infants.
The directive referenced by the spokesperson said care should be provided for other "covered individuals", including those who have experienced "pregnancy loss".
Examples in the directive include stillbirths and miscarriages, but there is no mention of abortion.
I definitely wasn't asked any other health-related questions.Madolline Gourley
However, in its statement to SBS News, the CBP revealed its guidelines also extend to asking "childbearing age females" about "termination of pregnancy".
"CBP officers ask overall medical concern questions to ALL travelers found inadmissible (males and females) under temporary detention. For childbearing age females there are additional questions regarding pregnancy," a CBP spokesperson said in a statement.
"Under current guidelines CBP officials are required to collect information regarding potential medical issues of concern, including pregnancy, postpartum and termination of pregnancy to childbearing females in CBP custody."
The CBP spokesperson said these were questions that are in line with the standard procedure for the health and wellbeing of travellers.
But another Australian woman - who does not wish to be identified - reached out to Ms Gourley to tell her she was also detained in LA for eight hours.
In her three interviews with officers, she said she was not asked if she was pregnant, experienced a pregnancy loss, had a termination of pregnancy or had an abortion.
Females travelling through or to the United States can be asked if they have had a "termination of pregnancy" while being detained for questioning. Source: Getty / MediaNews Group / Long Beach Press
"[The form] says, 'does the traveller have a skin rash? Does the traveller have a cough?' ... I definitely wasn't asked any other health-related questions," Ms Gourley said.
"I'm an Australian citizen who is literally just entering the country to walk from one terminal to the next to get my flight to another country.
"Asking pregnancy questions of anyone unless that person says they're pregnant, I don't know why they asked them. There are so many other questions they could ask if they were concerned about your health."
Ms Gourley said she was only asked about any medication use in her second interview, hours after being detained.
Abortion, termination of pregnancy, or pregnancy loss?
SBS has confirmed that US CBP is required to ask travellers whether they have undergone a "termination of pregnancy", but officers do not use the term "abortion" - an admission that has taken Ms Gourley aback.
"Loss of pregnancy is very different to termination of pregnancy," she said.
"I think if they said one thing on Friday, and they're saying something totally different today, will they say they actually did say abortion tomorrow?"
The CBP officials initially became suspicious of Ms Gourley after she failed to present her Qantas boarding passes for connecting flights.
Later, the officers cited their concerns about her intentions to visit Canada, where she was planning to house-and-cat-sit in exchange for accommodation under the US visa waiver program.
Madolline has previously done cat-sitting in the US under the visa waiver program without being deported or detained by airport security. Source: Supplied / Madolline Gourley
"Under the Visa Waiver Program, applicants must not engage in any type of employment or get compensation for services rendered," the CBP spokesperson said.
In an email seen by SBS News, Qantas explained to Ms Gourley that boarding passes for connecting flights cannot always be provided immediately if subsequent airlines have not yet opened their flights.
"If customers do not have onward boarding passes, they can show immigration officials a copy of their flight itinerary," the email said.
But despite showing her flight booking to a CBP officer on her phone, she said it was disregarded.
No paperwork provided
Since her return to Australia in July, Ms Gourley has sought help from various officials, including federal Greens MP Elizabeth Watson-Brown, Australia's foreign ministry and Australia's Consulate in Los Angeles.
In an email seen by SBS News, the Consulate told Ms Gourley she should have received US immigration paperwork relating to her deportation.
"The Australian Consulate-General in Los Angeles has confirmed the US authorities should have provided you with paperwork at the time of your deportation," a representative from the Department of Foreign Affairs and Trade (DFAT) said on 8 August.
"If that did not occur you will need to pursue this with US officials. They will not disclose details to the Consulate or to DFAT due to privacy considerations."
A DFAT spokesperson told SBS News that "details or reasons for the denial of her entry were not provided at the time of notification by the authorities".
They confirmed they cannot intervene in the matter or obtain documents relating to an individual's deportation.
"DFAT urges all Australians to inform themselves about entry, transit and exit requirements for their destination ... All travellers are responsible for ensuring they meet the entry and residency requirements of countries they visit."
After following up with the CBP to determine the outcome of their investigation into her treatment at the airport, Ms Gourley received an email from its agent last week that said: "The investigation is complete".
The agent provided her with a website link to file a complaint about failing to receive the documents.
Ms Gourley has written twice to the new US Ambassador to Australia, Caroline Kennedy, in the hopes she can receive her support. She has only received a response from Ms Kennedy's staff.
SBS News has contacted the US Embassy in Australia for comment.
