Two people have been arrested and charged with performing illegal abortions at a Houston-area health clinic, the first criminal charges brought under the state’s near-total abortion ban.

Maria Margarita Rojas, 48, a certified nurse midwife, and Jose Ley, 29 and her employee, were charged with the illegal performance of an abortion, as well as practicing medicine without a license. The abortion charge is a second-degree felony, which comes with up to 20 years in prison.

Rojas, who identified herself as Dr. Maria, operates a network of clinics in Waller, Cypress and Spring, where she “unlawfully employed unlicensed individuals who falsely presented themselves as licensed medical professionals,” according to a press release from Attorney General Ken Paxton.

Rojas, with Ley’s assistance, attempted an abortion on a person identified as E.G. on two separate occasions in March, according to court records. In interviews with investigators, E.G. said Rojas’ employees portrayed her as a doctor, so when Rojas told E.G. that her pregnancy was likely non-viable, she agreed to take the abortion pills Rojas offered.

The woman told investigators that she would have continued the pregnancy, but “since the gynecologist informed her of medical complications that would arise should she continue with the pregnancy, she relied on that medical advice.”

In its bail motion, the state says Rojas also performed an abortion in Harris County earlier this year. Calls to Rojas’ clinics were not immediately answered Monday.

Court records show Rojas was first arrested on March 6, charged with practicing medicine without a license and given a $10,000 bond. She was again arrested Monday morning, alongside Ley, and charged with practicing medicine without a license and performing illegal abortions. A third person, Rubildo Labanino

Matos, was arrested March 8 and charged with conspiracy to practice medicine without a license, Paxton said Tuesday.

Inside the investigation

The investigation into Rojas’ practices spanned more than a month and involved more than a dozen people with the Office of the Attorney General, the arrest affidavit shows.

It started with an anonymous complaint filed to the state Health and Human Services Commission, alleging two women had received abortions at the Clinica Waller Latinoamericana in Waller. K.P., 26, had an abortion at three months pregnant in September 2023, and D.V. had an abortion at eight weeks pregnant in January, the affidavit said.

The complaint was initially filed Jan. 17, and in a follow-up email a week later, the person who sent the complaint said the facility had been performing abortions “for some side money” for some time. They said the two abortions they were aware of were not due to medical complications and suggested the patients acted irresponsibly by “not wanting to protect themselves using birth control.”

Investigators with the attorney general’s office and the Harris County Sheriff’s Office began surveilling Rojas’ clinics in late January and early February. They observed a man later identified as Ley working alone in one of the clinics as people came in and out, apparently seeking medical care.

Ley is not licensed to practice medicine in Texas. He was a licensed doctor in Cuba, but came to the United States illegally in 2022 and later was paroled and received a green card, according to the affidavit. Ley later told investigators that he was connected with Rojas after training with the global health nonprofit Doctors without Borders.