american travel ban on mexico

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Americans Have Traveled to Mexico Throughout COVID

Technically, there’s a ban on nonessential travel across the border through january 21. then how are people on vacation in cabo and cancun right now.

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While the U.S.-Mexico land border is currently restricted to essential travel, air travel between the United States and Mexico is permitted.

Photo by Shutterstock

We’ve heard stories throughout the COVID pandemic of American travelers wading in nearly empty pools in Puerto Vallarta and enjoying rare stretches of solitude at major resorts in Cancun and Los Cabos that are only at 30 percent capacity. We’ve seen tales on social media of travelers at Mexico resorts experiencing socially distanced buffets. Gibran Chapur, vice president of the Palace resort chain, said his company welcomed about 300 tourists on the first day the hotels reopened in June—and 70 percent of the guests were from the United States.

Despite global bans on travel and ongoing border closures , travel between the United States and Mexico has continued relatively unchecked through 2020. A ban on nonessential land travel across the border between the two countries went into effect on March 21, 2020, and continues to get extended—the latest deadline to reopen the U.S.-Mexico border was pushed to May 21, 2021. (How exactly nonessential travel is defined is problematic in and of itself—in short, there is no set-in-stone definition.)

So with the ban, how are Americans getting to Cancun, Los Cabos, Puerto Vallarta? Are they all rule-breaking desperados? Hardly.

Air travel has been allowed (if not severely limited), and conversations with hoteliers and tourism reps from Los Cabos to Quintana Roo reveal that U.S. travelers still comprise a majority of the guests. “Our domestic market is the United States,” said Rodrigo Esponda, managing director of the Los Cabos Tourism Board, on a call in mid-December. Some 80 percent of guests usually come from America, he noted, and Los Cabos had recovered 80 percent of all travel activity since reopening.

In November, more than half a million Americans visited Mexico, according to The New York Times. By November 18, Mexico had just over 1 million confirmed coronavirus cases and more than 99,000 deaths, according to Johns Hopkins University . The country then experienced record highs in December, confirming 1,401,529 positive cases of COVID-19 on December 29.

The United States experienced a major spike in cases after the holiday travel season. On January 4, the U.S. had recorded 20,636,600 coronavirus cases (up from 11 million in November) and 351,580 deaths, Johns Hopkins University reported. As the numbers fluctuate in both countries, citizens have been encouraged to stay home. The CDC explicitly advises against all travel to Mexico right now .

Given the mixed messages—travel to Mexico has been allowed, then encouraged (to support local businesses), then discouraged as the crisis escalated—it can be hard to decipher the rules and restrictions. We worked with our peers at Travesías Media , a top magazine, book, and city guide publisher in Mexico, to find out what the Mexican government is telling its people and to compare that to what we’re hearing in the United States. Let’s break it down.

What the governments say about Mexico travel restrictions

International flights are still arriving in popular tourist states such as Quintana Roo.

Courtesy of Puerto Morelos Press Office

Travel to Mexico, According to the U.S.

“The United States will temporarily limit inbound land border crossings from Canada and Mexico to ‘essential travel.’ This action does not prevent U.S. citizens from returning home. These restrictions are temporary and went into effect on March 21, 2020. They will remain in effect through 11:59 p.m. on April 21, 2021. This decision has been coordinated with the Governments of Mexico and Canada.” — U.S. Embassy in Mexico

Translation: Technically, air travel has been allowed throughout the COVID-19 pandemic, along with train and sea travel; driving across the border, commuter rail, and ferry travel have been prohibited. International flights have still been arriving in popular tourist states such as Quintana Roo (albeit on a limited schedule and some nearly empty ).

The U.S. Embassy and Consulates in Mexico confirm that U.S. citizens can enter Mexico ; they do not need to show a negative COVID-19 test result or quarantine on arrival. (The website for the embassy is regularly updated with entry and exit information.) Upon arrival in Mexico, travelers face health screenings like temperature checks—Cancun’s airport has thermographic cameras that register travelers with fevers (you might not even notice they’re taking your temperature).

Travel to Mexico, According to Mexico

Per Travesías, “Mexico’s federal government has never closed its borders despite COVID-19. In fact, it’s one of the few countries that currently welcomes travelers from all over the world, without any kind of restriction or mandatory quarantine upon arrival.” Some states in Mexico have called on their federal government to tighten border restrictions as the U.S. case count has risen, reports the Washington Post .

Mexico’s states have each had different phased reopenings, depending on the number of cases and hospital occupation, among other metrics. On June 1, the government introduced a national “stoplight” system to phase in the return of nonessential activities. Red states are essentially in lockdown, with just essential activities allowed; oranges states allow restaurants, hotels, and stores to open with limited capacity. Daily updates are posted here .

What we’re hearing from hotels in Mexico

When Nobu Hotel Los Cabos opened on July 1, Americans made up the bulk of the guests.

Courtesy of Nobu Hotel Los Cabos

When hotels started reopening in Mexico, capacity was capped at 30 percent occupancy to avoid overcrowding. Before the pandemic, occupancy rates of 85 percent were not uncommon. As in the United States, many resorts are welcoming domestic travelers who are staying close to home. At Chablé Yucatan , the majority of guests are national—“This is normal, nothing new,” says general manager Rocco Bova. “Our market was always Mexico, now just slightly higher. We also got some people from the U.S., including guests flying private .”

In interviews with two Leading Hotels of the World properties, Travesias confirmed that hotels have reopened with new safety protocols and global sanitation standards—and that Americans are most definitely visiting. At Nobu Hotel Los Cabos , which opened its doors on July 1, Americans (mostly from California) were the bulk of reservations, says sales director Sofía De la Rosa. Meanwhile, the Chablé Maroma on the Riviera Maya , which reopened on June 8, has seen “50/50 national and American guests,” says general manager Gerardo Ortiz. “We tend to have a lot of American guests, but surprisingly, we have experienced an increase in Mexican travelers—especially honeymooners that needed a sudden change of plans due to COVID-19.”

Ortiz added: “Since the U.S. government has recommended avoiding all nonessential international travel due to COVID-19, many American guests have asked us if they are allowed to enter the country. The answer has always been yes. When arriving into Cancun’s International Airport, they will probably be asked about any current symptoms or other travels in the past 15 days and that’s it. Another question we’ve been asked is whether the beach is open or not. Fortunately, due to our location and privacy, the beach is open and ready to welcome travelers.”

Thanks to a mask mandate and required safety certification for businesses to reopen, Los Cabos has been attracting travelers “interested in relaxing in a controlled, stable environement,” said Rodrigo Esponda of the Los Cabos Tourism Board. “People are spending more and staying longer.”

So . . . what should you do?

The U.S. Centers for Disease Control and Prevention (CDC) advises against traveling to areas where transmission levels are high. Please be sure to check the CDC’s latest guidance for traveling, including wearing a face mask in public settings. Do not travel if you are sick or have likely been exposed to COVID-19, the agency reminds would-be travelers.

The Associated Press contributed reporting. This story originally appeared on August 14, 2020, and was updated on September 15, November 18, 2020, January 4, 2021, and April 1, 2021 to include current information.

>>Next: The Top 10 Pyramids in Mexico

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U.S. State Department Renews Warning About Travel To Mexico — Where It Says Visitors Can Travel This Spring

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Mexico is one of the most popular international destinations for American travelers. Cancun, Tulum, and Playa del Carmen particularly draw high numbers of tourists from the U.S.

However, as the spring break and Easter travel season approaches, anyone planning a trip to Mexico this spring must reckon with the sobering news of four Americans who were recently attacked by gunmen while traveling in Mexico.

The four individuals had traveled to Mexico so one could have a medical procedure. Then, in the city of Matamoros in Tamaulipas state, just south of Brownsville, Texas, the four were shot at and kidnapped. Two of them were killed in the gunfire. The other two, one of whom was also shot, have now been returned to the U.S., according to NBC News .

The U.S. Embassy & Consulates in Mexico issued a statement reminding U.S. citizens that it previously issued a travel advisory listing Tamaulipas state as a “Level 4: Do Not Travel” area in Mexico.

The natural inclination for anyone planning to travel to Mexico, as well as for family and friends of those prospective travelers, is now to question whether or not it’s safe to visit Mexico.

Zachary Rabinor, founder and CEO of the travel company Journey Mexico, says it’s important to remember that the Americans were killed and kidnapped a long distance from popular tourist destinations in Mexico.

“To put things in perspective, Matamoros is about 1,360 miles away from Cancun,” Rabinor said, according to CNN . “That’s about the equivalent distance from the Texas side of the border to Chicago, Illinois.”

Jaime Lopez-Aranda, a senior security manager at travel risk management firm International SOS, agrees that popular resort areas are still fairly safe.

“It is relatively safe for travelers to head to tourist destinations and major urban centers such as Mexico City, Guadalajara, and Monterrey,” Lopez-Aranda told CNN Travel.

Importantly, the U.S. State Department has issued a number of advisories for U.S. citizens traveling to various Mexican states in recent weeks. Now, as violent crime and kidnapping rates increase across Mexico, Americans considering travel to all but two of the states in Mexico should be aware of renewed and increased warnings, the State Department cautions.

“Violent crime — such as homicide, kidnapping, carjacking, and robbery — is widespread and common in Mexico,” the State Department explains .

“The U.S. government has limited ability to provide emergency services to U.S. citizens in many areas of Mexico, as travel by U.S. government employees to certain areas is prohibited or restricted,” the State Department continues. “In many states, local emergency services are limited outside the state capital or major cities.”

Here are the State Department’s travel advisories for each of Mexico’s states.

Do Not Travel To

The State Department advises U.S. citizens to not travel to five states in Mexico due to increasing levels of crime and kidnapping.

Those states are Colima (where Manzanillo is located), Michoacan, Sinaloa (where Mazatlán is located), Tamaulipas, and Zacatecas (home to Zacatecas City).

Guerrero — where Acapulco, Zihuatanejo, and Ixtapa are located — is also on the State Department’s “Do Not Travel” list because crime is widespread in those areas.

Reconsider Travel To

The State Department advises U.S. citizens to “reconsider travel” to five states in Mexico due to crime and kidnapping.

Those states are Baja California (where Tijuana is located), Chihuahua, Guanajuato (where Guanajuato City is located), Jalisco (home to Guadalajara and Puerto Vallarta), and Sonora.

The states of Durango and Morelos are also on the State Department’s “Reconsider Travel To” list due to high crime rates.

Exercise Increased Caution When Traveling To

The State Department advises U.S. citizens to “exercise increased caution when traveling to” 17 areas of Mexico, primarily due to crime rates but also due to the threat of kidnapping in some places.

Those states are Aguascalientes, Baja California Sur (where Cabo San Lucas , San Jose del Cabo, and La Paz are located), Chiapas, Coahuila, Hidalgo, Mexico State, Nayarit, Nuevo Leon, Oaxaca (home of Oaxaca City and Huatulco), Puebla, Queretaro, Quintana Roo (where Cancun , Cozumel, Tulum, and Riviera Maya are located), San Luis Potosi, Tabasco, Tlaxcala, and Veracruz.

Mexico City is also on the list due to high crime rates.

Exercise Normal Precautions When Traveling To

The State Department advises U.S. citizens to “exercise normal precautions when traveling to” Campeche and Yucatan, where Chichen Itza and Merida are located.

Know Before You Go

If you decide to travel to Mexico, the State Department offers some guidance.

“Exercise increased caution when visiting local bars, nightclubs, and casinos,” the State Department recommends. “Do not display signs of wealth, such as wearing expensive watches or jewelry. Be extra vigilant when visiting banks or ATMs.”

U.S. citizens with an emergency are also reminded that they can call the U.S. Embassy & Consulates in Mexico for help.

U.S. citizens on their way to Mexico are also advised to make a note of U.S. Embassy & Consulates emergency contacts in the area where they will be traveling.

Finally, the State Department recommends international travelers enroll in STEP, the Smart Traveler Enrollment Program .

Doing so enables U.S. citizens and nationals traveling and living abroad to enroll their trip with the nearest U.S. Embassy or consulate. That way travelers can receive important information from the Embassy about safety conditions in their destination country, make it easy for the U.S. Embassy to contact travelers in the event of an emergency, and also make it easier for family and friends to contact travelers in case of an emergency.

For more about changing travel conditions in countries around the world, be sure to read our Travel News content, including:

• New Cost To Travel To Europe Delayed Until 2024 — What Visitors Need To Know
• Traveling To Europe This Spring? 5 Countries Where Strikes Could Affect Your Trip
• TSA Is Asking Travelers With Pets To Stop Doing This One Thing — Here’s What It Is

Jim Fulcher has been a writer and editor his entire career. In addition to writing, he also enjoys traveling--particularly in an RV. Over the course of numerous trips, Jim has driven an RV through West Virginia, Virginia, Tennessee, Kentucky, Indiana, Illinois, Wisconsin, Iowa, Nebraska, South Dakota, and Wyoming. His favorite national park is Yellowstone, which he has visited three times.

clock This article was published more than  1 year ago

U.S. Embassy issues Mexico travel warnings to spring breakers

The state department is also warning against visiting six states.

U.S. authorities are sending an array of warnings to Mexico-bound spring break travelers: Be alert against criminal activity, watch out for counterfeit medication, avoid unregulated alcohol, don’t possess or use drugs.

But for the most part, officials are not telling people to stay away from the country, noting that “thousands” of Americans spend spring break in Mexico every year and that “the vast majority travel safely.”

The information comes from a spring break travel alert issued this week by the U.S. Embassy & Consulates in Mexico — and it follows several high-profile eruptions of disorder or violence around the country this year. Most recently, four Americans who crossed from Brownsville, Tex., to Matamoros were kidnapped earlier this month; two were killed and a third was injured.

Is it safe to travel to Mexico? Here's what to know.

“Crime, including violent crime, can occur anywhere in Mexico, including in popular tourist destinations,” the recent travel alert says, echoing a similar one put out last year. “Travelers should maintain a high level of situational awareness, avoid areas where illicit activities occur, and promptly depart from potentially dangerous situations.”

The embassy’s alert directs travelers to the U.S. State Department’s travel advisory for Mexico, which is broken down by state and was last updated in October. Tamaulipas , where the Americans were kidnapped, is one of six states that carry a “Do Not Travel” warning.

6 Mexico vacations that check every travel style

Most Mexican states — including those with tourist hot spots such as Cancún, Cozumel, Cabo San Lucas and Oaxaca — fall under the lower Level 2 category, where travelers are urged to “exercise increased caution.” But the alert warns visitors not to let their guard down, even in those less-risky areas.

“U.S. citizens should exercise increased caution in the downtown areas of popular spring break locations including Cancun, Playa Del Carmen, and Tulum, especially after dark,” it says.

In addition to crime, the travel alert warns of the risks of unknown substances or drinks, cautioning that unregulated alcohol could be tainted, counterfeit medication could contain dangerous ingredients and drug use could result in arrest, illness or worse.

“U.S. citizens have become seriously ill or died in Mexico after using synthetic drugs or adulterated prescription pills,” the warning says.

Travelers should limit the amount of cash they carry, be careful when withdrawing money, stick to regulated taxi services or app-based ride-shares, and stay with a group in clubs and bars or when getting around at night, the embassy says. The alert recommends participating in the Smart Traveler Enrollment Program, which provides information on safety conditions and contact information to the U.S. government.

Understanding the State Department's travel advisories

Another U.S. jurisdiction put out a much stronger warning last week, when the Texas Department of Public Safety urged Texans to avoid trips to Mexico altogether during spring break and after.

“Drug cartel violence and other criminal activity represent a significant safety threat to anyone who crosses into Mexico right now,” the department’s director, Steven McCraw, said in a statement. “We have a duty to inform the public about safety, travel risks and threats. Based on the volatile nature of cartel activity and the violence we are seeing there, we are urging individuals to avoid travel to Mexico at this time.”

The department wrote that “many people do travel to Mexico without incident” but said that “the serious risks cannot be ignored.”

Dale Buckner, CEO of security services firm Global Guardian , told The Washington Post last month that resort destinations are typically in “somewhat of a bubble” where the government has placed extra security and violence is not usually directed at visitors.

“If you’re at one of these hubs and you’re at a high-end resort, you’re going to see security and guys with guns on the beach,” he said. “They’re intentionally creating a safer environment; for the most part, it works.”

He urged travelers to take the kind of preparation they should make before they go anywhere in the world: planning for illness or injury and the need to return home in an emergency; knowing how to get out of a natural disaster; and anticipating what to do if they were hacked or kidnapped. And he said tourists also need to plan their activities with safety in mind, avoiding unnecessary risks.

“We highly encourage people to go to Mexico and enjoy it,” he said last month. “You just need to do a little bit of homework.”

Those who work in the travel industry in Mexico say the country is vast and cannot be painted with a single brush. Zachary Rabinor, founder and CEO of travel planning company Journey Mexico , said in an email last month that his staff monitors safety situations and operates where there are no travel restrictions.

“We are confident that with proper preparation and information, travel to and within Mexico continues to be a great option,” he said last month. “While there is no 100% guarantee of complete safety when traveling anywhere, even within the U.S. and Europe, working with a trusted and professional destination specialist minimizes risk and keeps travelers in the right places at the right time.”

More travel news

How we travel now: More people are taking booze-free trips — and airlines and hotels are taking note. Some couples are ditching the traditional honeymoon for a “buddymoon” with their pals. Interested? Here are the best tools for making a group trip work.

Bad behavior: Entitled tourists are running amok, defacing the Colosseum , getting rowdy in Bali and messing with wild animals in national parks. Some destinations are fighting back with public awareness campaigns — or just by telling out-of-control visitors to stay away .

Safety concerns: A door blew off an Alaska Airlines Boeing 737 Max 9 jet, leaving passengers traumatized — but without serious injuries. The ordeal led to widespread flight cancellations after the jet was grounded, and some travelers have taken steps to avoid the plane in the future. The incident has also sparked a fresh discussion about whether it’s safe to fly with a baby on your lap .

US issues 'do not travel' warning for Mexico

2 americans kidnapped in mexico found dead, 2 found alive.

Two of the four Americans kidnapped in Mexico have been found dead, while the other two have been found alive.

LOS ANGELES - The U.S. State Department is reminding American citizens it has issued its highest-level warning advising against travel to parts of Mexico. 

This comes after the FBI announced four U.S. citizens were kidnapped after gunmen opened fire on their vehicle in the northern Mexico border city of Matamoros. Two of the Americans were killed and the other two found alive after the violent shootout and abduction that was captured on video. 

A relative of one of the victims said the four had traveled together from the Carolinas, entering from Brownsville, Texas , so one of them could get a tummy tuck from a doctor in Matamoros, where Friday’s kidnapping took place. The FBI said that the vehicle came under fire shortly after it entered Mexico.

RELATED: 2 missing Americans kidnapped in Mexico found dead and 2 alive, official says

"All four Americans were placed in a vehicle and taken from the scene by armed men," the office said.

Doctor says OC public defender killed in Mexico was victim of homicide

A doctor now says the death of Elliot Blair could be a homicide and his wife said the police in Rosarito tried to extort them before his death.

SUGGESTED: California family of 6 killed in cartel-style execution: Sheriff

Matamoros is located in the northeastern Mexican state of Tamaulipas, which is included in the travel warning along with Guerrero, Colima, Michoacan, Sinaloa, and Zacatecas.

However, officials said because Matamoros is a border city, U.S. citizens who live in Brownsville or elsewhere in Texas frequently cross the border to visit family, go to medical appointments, or shop. It also serves as a crossing point for people traveling deeper into Mexico, according to officials. 

The Gateway International Bridge between Brownsville, Texas and Matamoros, Mexico, as seen through the border wall. Viewed from Texas side of the wall. (Photo by: Jon G. Fuller/VW Pics/Universal Images Group via Getty Images)

Matamoros is notorious for warring factions of the Gulf drug cartel , and the violence has become so bad that the U.S. Consulate issued an alert following the kidnapping. 

For years, a night out in Matamoros was also part of the "two-nation vacation" for spring breakers flocking to Texas’ South Padre Island. But increased violence there over the past 10 to 15 years frightened away much of that business.

FOX 11 has reported on several incidents of kidnappings and crimes against American tourists in Mexico. Just last year, an American tourist had his foot hacked by a machete after being kidnapped by his taxi driver. 

PREVIOUS COVERAGE: 

• Tourist kidnapped in Mexico had foot hacked with machete before being left for dead
• Orange County public defender killed in Mexico celebrating first wedding anniversary

In January, 33-year-old Orange County public defender Elliot Blair was found dead in Rosarito during a one-year wedding celebration with his wife. A Mexican prosecutor described Blair's death as an unfortunate accident, saying he fell off the hotel's balcony after ingesting a significant amount of alcohol.  Blair's family, however, does not believe he was intoxicated and fell. They believe he was the victim of a brutal crime. Blair's autopsy report performed in Mexico showed the lawyer sustained 40 fractures to the back of his skull as well as "road rash" on his knees and a toe injury, which indicated he was dragged. The results contradict statement from authorities indicating Blair died from a fall from a balcony at the Rosarito Beach resort where the couple was staying, the family's lawyer said.

If you must travel to Mexico, officials strongly recommend the following: 

• Review the  U.S. Embassy's webpage  on COVID-19.
• Visit the CDC’s web page on  Travel and COVID-19 .
• Keep traveling companions and family back home informed of your travel plans. If separating from your travel group, send a friend your GPS location. If taking a taxi alone, take a photo of the taxi number and/or license plate and text it to a friend.
• Use toll roads when possible and avoid driving alone or at night. In many states, police presence and emergency services are extremely limited outside the state capital or major cities.
• Exercise increased caution when visiting local bars, nightclubs, and casinos.
• Do not display signs of wealth, such as wearing expensive watches or jewelry.
• Be extra vigilant when visiting banks or ATMs.
• Enroll in the  Smart Traveler Enrollment Program (STEP)  to receive Alerts and make it easier to locate you in an emergency.
• Follow the Department of State on  Facebook  and  Twitter .
• Follow the U.S. Embassy on Facebook and Twitter.
• Review the  Country Security Report  for Mexico.
• Mariners planning travel to Mexico should check for U.S. maritime  advisories  and  alerts , which include instructions on reporting suspicious activities and attacks to Mexican naval authorities.
• Prepare a contingency plan for emergency situations. Review the  Traveler’s Checklist .

The Associated Press and FOX News contributed to this report.

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Mexico Travel Warnings to Be Aware of Ahead of Spring Break

Safety and awareness is particularly at the forefront as travelers head out for vacation.

Even though spring break is in full force, the State Department is warning travelers against heading to the popular destination of Mexico.

The State Department's current travel warnings to several states in Mexico, advise travelers to flat out avoid certain places due to crime and kidnapping and to exercise increased caution when going to more than a dozen more. The warnings have been issued for some of the most popular states, like Quintana Roo where Cancun is located and Baja California Sur where Los Cabos is.

Elijah-Lovkoff/Getty Images

While warnings around travel to Mexico isn't unheard of, awareness is particularly at the forefront as four Americans on a road trip were caught up in a drug cartel shootout last week resulting in two of the travelers dying and two being kidnapped before being rescued, The Associated Press reported . The Americans were fired upon shortly after they crossed into the border city of Matamoros on Friday, which sits just south of Brownsville, Texas.

Following the shooting, the U.S. Embassy and Consulates in Mexico issued an alert instructing government employees to avoid the area and reminding “U.S. citizens that Tamaulipas is classified as Level 4: Do Not Travel in the State Department’s travel advisory for Mexico.”

The State Department has issued some kind of warning for most states in the country, but said travelers can “exercise normal precautions when traveling to” the Campeche state and the Yucatan state , where the famous Chichén Itzá ruins are found.

This isn’t the first warning the State Department has issued against travel in Mexico this year. In January, the department warned tourists against taking app-based transportation services like Uber in Quintana Roo amid a rash of incidents that resulted in American travelers getting hurt.

Another new warning on travel to Mexico just ahead of spring break

As tens of thousands of Americans prepare to spend spring break in Mexico, there is yet another new warning for tourists.

The U.S. Embassy and Consulates in Mexico issued a travel alert warning Americans about high levels of crime and the dangers of spiked alcohol, illicit drugs, fake prescription drugs and more.

The alert reads, in part:

Crime, including violent crime, can occur anywhere in Mexico, including in popular tourist destinations. Travelers should maintain a high level of situational awareness, avoid areas where illicit activities occur, and promptly depart from potentially dangerous situations. ... U.S. citizens should exercise increased caution in the downtown areas of popular spring break locations, including Cancun, Playa Del Carmen, and Tulum, especially after dark.

Additionally, the bulletin cautions people to be aware that U.S. citizens have been the victims of rape and sexual assault: "Perpetrators may target inebriated or isolated individuals or may employ drugs that alter the victim's physical or mental state."

The new alert also warns tourists about the danger of illegal drug use in Mexico, "U.S. citizens have become seriously ill or died in Mexico after using synthetic drugs or adulterated prescription pills."

According to the embassy, counterfeit medication is common and could contain dangerous unregulated ingredients.

It comes just days after the state of Texas issued an unusual travel warning for Mexico , saying it's too dangerous to visit for spring break this year. That warning came on the heels of the U.S. Department of State reiterating its calls for caution on travel to Mexico.

The Texas Department of Public Safety urges residents to avoid the country because of drug cartel violence and other crime.

"Based on the volatile nature of cartel activity and the violence we are seeing there, we are urging individuals to avoid travel to Mexico at this time," DPS director Steven McCraw said in a statement.

The State Department also recently renewed its warning to Americans on travel to Mexico. The U.S. government advises Americans to either skip Mexico trips, reconsider travel or at least use extra caution when traveling to parts of the country because of the potential for violence.

"Violent crime — such as homicide, kidnapping, carjacking, and robbery — is widespread and common in Mexico," reads the advisory from the U.S. Department of State. Currently, a travel advisory is in place for 30 of Mexico's 32 states.

Related: Cancun travel advisory over taxis

The advisories come as we learn of violence that involved Americans in Matamoros, a town in Mexico near the Texas border.

Current US State Department advisories

The State Department breaks down its Mexican risk assessment on a detailed, state-by-state basis.

Six Mexican states have a "Do not travel" warning: Colima, Guerrero, Michoacan, Sinaloa, Tamaulipas and Zacatecas.

Related: The difference between CDC and State Department travel warnings

Seven states are under a "Reconsider travel" advisory, including Baja and Jalisco – home to the popular destination of Puerto Vallarta .

Another 17 states get an "Exercise increased caution" advisory, including Baja California Sur – home to the popular resorts of Cabo San Lucas — and Nayarit, where you'll find Riviera Nayarit. Mexico City is also included in that category.

The state of Quintana Roo on the Caribbean side of Mexico is also in the "Exercise increased caution" category due to crime and the potential for kidnapping. Quintana Roo includes Cancun , Playa del Carmen and Tulum . It's a region that's generally considered safe for foreigners and is certainly popular for leisure travel.

Campeche and Yucatan are the only states that aren't under any special advisory for U.S. travel.

Mexico travel safety tips

The State Department suggests visitors review personal security plans, be aware of their surroundings, pay attention to local media and immediately call Mexican 911 in case of any issues.

The government also suggests Americans should register with a local Mexican consulate or embassy before they travel to Mexico through the Smart Traveler Enrollment Program.

For its part, the Mexican government insists Mexico is safe for travelers.

"There is no problem in traveling safely in Mexico," President Andrés Manuel López Obrador said in a news conference this week .

Bottom line

While headlines like travel warnings can be scary, remember that millions of tourists visit Mexico every year without ever encountering problems.

In this environment, however, it is probably best to be prepared and use common sense. Of course, that remains true when traveling to any foreign destination.

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US issues 'do not travel' warning for Mexico

As spring break travel gets underway, U.S. authorities have issued its highest-level warning against traveling to parts of Mexico. 

This comes after the FBI announced four U.S. citizens were kidnapped after gunmen opened fire on their vehicle in the northern Mexico border city of Matamoros. Two of the Americans were killed and the other two found alive after the violent shootout and abduction that was captured on video. 

A relative of one of the victims said the four had traveled together from the Carolinas, entering from Brownsville, Texas , so one of them could get a tummy tuck from a doctor in Matamoros, where Friday’s kidnapping took place. The FBI said that the vehicle came under fire shortly after it entered Mexico.

RELATED: 2 missing Americans kidnapped in Mexico found dead and 2 alive, official says

"All four Americans were placed in a vehicle and taken from the scene by armed men," the office said.

Tamaulipas Gov. Américo Villarreal said the four were found in a wooden shack, where they were being guarded by a man who was arrested. Villarreal said the captive Americans had been moved around by their captors, and at one point were taken to a medical clinic "to create confusion and avoid efforts to rescue them."

Villareal said the wounded American, Eric Williams, had been shot in the left leg and the wound was not life threatening. The survivors were taken to Valley Regional Medical Center with an FBI escort, the Brownsville Herald reported . A spokesperson for the hospital referred all inquiries to the FBI.

The U.S. citizens were found in a rural area east of Matamoros called Ejido Tecolote on the way to the Gulf coast known as "Bagdad Beach," according to Tamaulipas state chief prosecutor Irving Barrios.

READ MORE: Cause of death released for Arlington firefighter who died in Cancun

Matamoros is located in the northeastern Mexican state of Tamaulipas, which is included in the travel warning along with Guerrero, Colima, Michoacan, Sinaloa, and Zacatecas.

However, officials said because Matamoros is a border city, U.S. citizens who live in Brownsville or elsewhere in Texas frequently cross the border to visit family, go to medical appointments, or shop. It also serves as a crossing point for people traveling deeper into Mexico, according to officials. 

Matamoros is notorious for warring factions of the Gulf drug cartel , and the violence has become so bad that the U.S. Consulate issued an alert following the kidnapping. 

For years, a night out in Matamoros was also part of the "two-nation vacation" for spring breakers flocking to Texas’ South Padre Island. But increased violence there over the past 10 to 15 years frightened away much of that business.

In January, 33-year-old California public defender Elliot Blair was found dead in Rosarito during a one-year wedding celebration with his wife. A Mexican prosecutor described Blair's death as an unfortunate accident, saying he fell off the hotel's balcony after ingesting a significant amount of alcohol.  Blair's family, however, does not believe he was intoxicated and fell. They believe he was the victim of a brutal crime. Blair's autopsy report performed in Mexico showed the lawyer sustained 40 fractures to the back of his skull as well as "road rash" on his knees and a toe injury, which indicated he was dragged. The results contradict statement from authorities indicating Blair died from a fall from a balcony at the Rosarito Beach resort where the couple was staying, the family's lawyer said.

If you must travel to Mexico, officials strongly recommend the following: 

• Review the  U.S. Embassy's webpage  on COVID-19.
• Visit the CDC’s web page on  Travel and COVID-19 .
• Keep traveling companions and family back home informed of your travel plans. If separating from your travel group, send a friend your GPS location. If taking a taxi alone, take a photo of the taxi number and/or license plate and text it to a friend.
• Use toll roads when possible and avoid driving alone or at night. In many states, police presence and emergency services are extremely limited outside the state capital or major cities.
• Exercise increased caution when visiting local bars, nightclubs, and casinos.
• Do not display signs of wealth, such as wearing expensive watches or jewelry.
• Be extra vigilant when visiting banks or ATMs.
• Enroll in the  Smart Traveler Enrollment Program (STEP)  to receive Alerts and make it easier to locate you in an emergency.
• Follow the Department of State on  Facebook  and  Twitter .
• Follow the U.S. Embassy on Facebook and Twitter.
• Review the  Country Security Report  for Mexico.
• Mariners planning travel to Mexico should check for U.S. maritime  advisories  and  alerts , which include instructions on reporting suspicious activities and attacks to Mexican naval authorities.
• Prepare a contingency plan for emergency situations. Review the  Traveler’s Checklist .

The Associated Press, FOX News, FOX 11 Los Angeles and FOX 10 Phoenix contributed to this report.

US Border Arrests Fall in March, Bucking Seasonal Trends Amid Increased Enforcement in Mexico

Arrests for crossing the U.S. border illegally fell slightly in March, bucking a usual spring increase amid increased immigration enforcement in Mexico

Gregory Bull

Migrants wait between border walls separating Tijuana, Mexico, and San Diego, to apply for asylum with U.S. authorities, Friday, April 12, 2024, seen from San Diego. (AP Photo/Gregory Bull)

WASHINGTON (AP) — Arrests for crossing the U.S. border illegally fell slightly in March, authorities said Friday, bucking a usual spring increase amid increased immigration enforcement in Mexico.

The Border Patrol made 137,480 arrests of people entering from Mexico, down 2.3% from 140,638 arrests in February, the first time since 2017 that arrests fell in March from the previous month. Crossings typically rise as temperatures turn warmer.

Mexico detained migrants 240,000 times in the first two months of the year, more than triple from the same period of 2023, sending many deeper south into the country to discourage them from coming to the United States. While Mexico hasn't released figures for March, U.S. officials have said Mexican enforcement is largely responsible for recent declines.

“Encounters at our southern border are lower right now, but we remain prepared for changes, continually managing operations to respond to ever-shifting transnational criminal activities and migration patterns,” said Troy Miller, acting commissioner of U.S. Customs and Border Protection.

The March arrest tally is one of the lowest of Joe Biden's presidency after a record high of nearly 250,000 in December. While conditions quickly change, the decline is welcome news for the White House at a time when immigration has become a top voter concern in an election year. Biden said this month that he is still considering executive action to suspend asylum at the border if crossings hit a certain threshold.

Tucson, Arizona, was again the busiest of the Border Patrol's nine sectors on the Mexican border in March, a position it has held since summer, followed by San Diego and El Paso, Texas. Texas' Rio Grande Valley, the busiest corridor for illegal crossings for much of the last decade, is fifth busiest, signaling how quickly routes are changing.

Photos You Should See - April 2024

The arrest tally excludes new and expanded paths to enter the country legally under presidential powers, known as parole, which allow people to stay temporarily and apply for work permits.

U.S. authorities granted entry to 44,000 people at land crossings with Mexico in March through an online appointment system, CBP One. More than 547,000 have been allowed in the country through CBP One since it was introduced in January, led by Venezuelans, Haitians and Mexicans.

More than 400,000 people from Cuba, Haiti, Nicaragua and Venezuela have been allowed to enter the U.S. through March after applying online with a financial sponsor and arriving at an airport, paying their way.

Copyright 2024 The  Associated Press . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Mexican public health officials are sounding an alarm after a study discovered the presence of animal tranquilizer Xylazine in opioids in cities on the country's northwest border with the United States.

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Live Coverage: Sirens and blasts over Israel after Iran launches retaliatory drone attack

Iran launched dozens of drones at Israel on Saturday, Israel's military said. Iran has vowed retaliation for what it called an Israeli strike on its Damascus consulate earlier this month. Israel neither confirmed nor denied responsibility for the attack.

The Sydney police officer who shot dead a man after he killed six people in a stabbing attack at one of the city's busiest shopping malls on Saturday has been identified as Inspector Amy Scott.

Jordan's air force intercepted and shot down dozens of Iranian drones that violated its airspace and were heading to Israel, two regional security sources said.

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 [email protected].

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 

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Mexico, a leading producer of illicit fentanyl, can’t get enough for medical use, study finds

Workers unpack medicine at a “mega-pharmacy” warehouse on its inauguration day in Huehuetoca, Mexico, Dec. 29, 2023. A new report released by the Mexican government Friday, April 12, 2024, says the country is facing a dire shortage of fentanyl for medical use, even as Mexican cartels pump out tons of the illicit narcotic. (AP Photo/Fernando Llano, File)

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MEXICO CITY (AP) — A report released by the Mexican government Friday says the country is facing a dire shortage of fentanyl for medical use, even as Mexican cartels pump out tons of the illicit narcotic .

The paradox was reported in a study by Mexico’s National Commission on Mental Health and Addictions. The study did not give a reason for the shortage of the synthetic opioid, which is needed for anesthesia in hospitals, but claimed it was a worldwide problem.

The commission said fentanyl had to be imported, and that imports fell by more than 50% between 2022 and 2023.

Nonetheless, Mexican cartels appear to be having no problem importing tons of precursor chemicals and making their own fentanyl, which they smuggle into the United States. The report says Mexican seizures of illicit fentanyl rose 1.24 tons in 2020 to 1.85 tons in 2023.

Some of that is now spilling back across the border, with an increase in illicit fentanyl addiction reported in some Mexican border regions — a problem Mexico paradoxically blamed on the United States.

“Despite the limitations of availability in pharmaceutical fentanyl in our country, the excessive use of opiates in recent decades in the United States has had important repercussions on consumption and supply in Mexico,” the report states.

The report said that requests for addiction treatment in Mexico increased from 72 cases in 2020, to 430 cases in 2023. That sounds like a tiny number compared to the estimated 70,000 annual overdose deaths in the United States in recent years related to synthetic opioids. But in fact, the Mexican government does very little to offer addiction treatment, so the numbers probably don’t reflect the real scope of the problem.

The shortage of medical anesthetic drugs has caused some real problems in Mexico.

Local problems with the availability of morphine and fentanyl have led anesthesiologists to acquire their own supplies, carry the vials around with them, and administer multiple doses from a single vial to conserve their supply.

In 2022, anesthetics contaminated by those practices caused a meningitis outbreak in the northern state of Durango that killed about three dozen people, many of whom were pregnant women given epidurals. Several Americans died because of a similar outbreak after having surgery at clinics in the Mexican border city of Matamoros in 2023.

The response by the administration of President Andrés Manuel López Obrador to those twin problems — not enough legal fentanyl, and too much of the illicit stuff — has been contradictory.

In 2023, López Obrador briefly proposed banning fentanyl even for medical use, but has not mentioned that idea lately after it drew a wave of criticism from doctors.

Meanwhile, the president has steadfastly denied that Mexican cartels produce the drug, despite overwhelming evidence that they import precursor chemicals from Asia and carry out the chemical processes to make fentanyl. López Obrador claims they only press the drug into pill form.

According to the U.S. Department of State’s 2023 International Narcotics Control Strategy Report, “approximately 96 percent of all fentanyl seized by CBP originated in Mexico, with only 270 kg reaching the United States from other destinations.”

Follow AP’s coverage of Latin America and the Caribbean at https://apnews.com/hub/latin-america

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Arizona Supreme Court rules a near-total abortion ban from 1864 is enforceable

PHOENIX — The Arizona Supreme Court ruled Tuesday that a 160-year-old near-total abortion ban still on the books in the state is enforceable, a bombshell decision that adds the state to the growing lists of places where abortion care is effectively banned.

The ruling allows an 1864 law in Arizona to stand that made abortion a felony punishable by two to five years in prison for anyone who performs one or helps a woman obtain one. 

The law — which was codified in 1901, and again in 1913 — outlaws abortion from the moment of conception but includes an exception to save the woman’s life.

That Civil War-era law — enacted a half-century before Arizona even gained statehood — was never repealed and an appellate court ruled last year that it could remain on the books as long as it was “harmonized” with a 2022 law, leading to substantial confusion in Arizona regarding exactly when during a pregnancy abortion was outlawed.

The decision — which could shutter abortion clinics in the state — effectively undoes a lower court’s ruling that stated that a more recent 15-week ban from March 2022 superseded the 1864 law.

The Arizona Supreme Court said it would put its decision on hold for 14 days, writing that it would send the case back to a lower court so that court could consider “additional constitutional challenges” that haven’t yet been cleared up.

Attorney General Kris Mayes, a Democrat, said moments after the ruling that she would not enforce the law.

“Let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state,” Mayes said in a statement, adding that the decision was “unconscionable” and “an affront to freedom.”

Democrats all the way up to President Joe Biden also blasted the ruling.

“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden said in a statement. He called the ban “cruel” and “a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom” and vowed to “continue to fight to protect reproductive rights.”

Vice President Kamala Harris announced shortly after the ruling that she would travel to Arizona on Friday “to continue her leadership in the fight for reproductive freedoms."

Responding to questions from NBC News about the Arizona ruling, a spokesperson for Donald Trump's campaign referred only to the former president's comments on Monday that abortion restrictions should be left to states.

“President Trump could not have been more clear. These are decisions for people of each state to make," Trump campaign national press secretary Karoline Leavitt said.

Arizona Gov. Katie Hobbs called for the GOP-controlled Legislature, which is currently in session, to repeal the 1864 ban, though there was no immediate indication that Republican lawmakers in either chamber would take up such an effort.

"We are 14 days away from this extreme ban coming back to life," Hobbs, a Democrat, said at a press conference. "It must be repealed immediately."

While Hobbs said she was "sure" reproductive rights advocates would appeal the ruling in the 14-day window they were given, she also suggested that the best avenue to counter the ruling would be for voters to support abortion rights on the November ballot. A separate, ongoing suit would allow for abortion providers to continue providing services through the 15th week of pregnancy for another 45 days.

"It is more urgent than ever that Arizonans have the opportunity to vote to enshrine the right to abortion in our constitution this November. I’m confident that Arizonans will support this ballot measure, and I’m going to continue doing everything in my power to make sure it is successful," Hobbs said.

In a 4-2 ruling, the court’s majority concluded that the 15-week ban “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the Civil War-era ban “but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” by the 2022 Dobbs decision that overturned Roe v. Wade.

“Absent the federal constitutional abortion right, and because” the 2022 law "does not independently authorize abortion, there is no provision in federal or state law prohibiting” the 1864 ban.

They added that the ban “is now enforceable.”

Tuesday’s ruling is the latest chapter in a decadeslong saga of litigation in the battleground state over abortion rights. 

Reproductive rights groups had sued to overturn the 19th century law in 1971. But when the Roe decision came down in 1973, a lower state court ruled against those groups and placed an injunction on the 1864 ban that remained in effect until the Dobbs decision.

In March 2022, Republican lawmakers in the state enacted the 15-week trigger ban, which, months later — after the Dobbs decision — snapped into effect. The law makes exceptions for medical emergencies but not for rape or incest. 

Litigation resumed after that decision as lawmakers on both sides of the issue sought clarity on whether to enforce the 1864 near-total ban or the 2022 15-week ban.

A state appellate court initially ruled that both the 1864 and 2022 laws could eventually be “harmonized,” but also said that the 15-week ban superseded the near-total abortion ban and put on hold large parts of the older law.

The decision also sent shockwaves through the reproductive rights community in Arizona and nationally.

Angela Florez, the president of Planned Parenthood Arizona, one of the state's remaining abortion care providers, said her group would now only be able to provide abortion care through the 15th week of pregnancy — and only "for a very short period of time."

The issue, however, could soon be in the hands of voters.

Abortion rights groups in the state are likely to succeed in their goal of putting a proposed constitutional amendment on the November ballot that would create a “fundamental right” to receive abortion care up until fetal viability, or about the 24th week of pregnancy.

If voters approved the ballot measure, it would effectively undo the 1864 ban that now remains law in the state. It would bar the state from restricting abortion care in situations where the health or life of the pregnant person is at risk after the point of viability, according to the treating health care professional.

That ballot effort is one of at least 11 across the country that seek to put the issue directly in the hands of voters — a move that has the potential to significantly boost turnout for Democratic candidates emphasizing the issue. 

In 2024, that could factor heavily into the outcome of both the presidential and U.S. Senate races in Arizona. Biden, whose campaign is leaning heavily into reproductive rights, won the state by just over 10,000 votes four years ago. And the Senate race features a tough battle to fill the seat held by the retiring independent Sen. Kyrsten Sinema, most likely between Democrat Ruben Gallego and Republican Kari Lake. 

During her unsuccessful 2022 run for governor in Arizona, Lake said she supported the 1864 law, calling it “ a great law that’s already on the books .” But Lake now says she opposes the 1864 law , as well as a federal abortion ban, while also acknowledging that her own views regarding state policy conflict with some voters’ preferences.

In a statement following the decision, Lake said she opposed the ruling, adding that "it is abundantly clear that the pre-statehood law is out of step with Arizonans." She called on state lawmakers to "come up with an immediate common sense solution that Arizonans can support."

"Ultimately, Arizona voters will make the decision on the ballot come November," she added. 

Gallego, who is backed by several reproductive rights groups, has said he supports the ballot measure. As a member of the U.S. House, he is among the co-sponsors of the Women’s Health Protection Act, which would create federal abortion protections.

In a video posted to X after the ruling, Gallego said he would, with reproductive rights supporters, "fight all the way to November so we can get abortion rights back for women in Arizona."

Other Republicans in the state who’d previously expressed robust support for Roe being overturned joined Lake in condemning the ruling. Reps. Juan Ciscomani and David Schweikert , who both face tough re-elections this fall, both called on state lawmakers to address the issue “immediately.”

The ruling Tuesday — the second in a swing state on the issue in as many weeks — further highlights the already prominent role abortion rights will play in Arizona and across the country.

Last week, the Florida Supreme Court upheld a 15-week ban on abortion in the state, which effectively meant that a six-week abortion ban, with exceptions for rape, incest and the life of the woman, that Gov. Ron DeSantis signed into law last year will take effect. The state's high court also allowed a proposed amendment that would enshrine abortion protections in the state constitution to appear on the November ballot.

Tuesday's decision, while jarring to reproductive rights groups, wasn’t entirely unexpected. All seven justices on the Arizona Supreme Court were appointed by Republican governors, and during opening arguments in December, they aggressively, but civilly, quizzed attorneys on both sides about the fact that the 15-week ban enacted last year did not feature any language making clear whether it was designed to repeal or replace the 1864 ban.

Only six justices participated in Tuesday’s decision, however, after Justice Bill Montgomery — who previously accused Planned Parenthood of practicing “generational genocide” — recused himself. (The court’s chief justice did not appoint another judge to take the spot, which is an option under Arizona law.)

The abortion landscape in Arizona has been uniquely confusing since Roe v. Wade was overturned. 

While the 1864 law had been on hold after the Supreme Court’s 1973 Roe decision, then-Arizona Attorney General Mark Brnovich, a Republican, successfully sued in 2022 to have that injunction lifted following the overturning of Roe, putting the ban back into effect — though a higher court put that ruling on hold. 

But after Mayes succeeded Brnovich as attorney general, she announced that she would not enforce the 1864 ban.

That led to suits from anti-abortion groups seeking enforcement of the ban, which ultimately led to the case making its way up to the state Supreme Court.

Adam Edelman is a political reporter for NBC News.

Alex Tabet is a 2024 NBC News campaign embed.

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The History Behind Arizona’s 160-Year-Old Abortion Ban

The state’s Supreme Court ruled that the 1864 law is enforceable today. Here is what led to its enactment.

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By Pam Belluck

Pam Belluck has covered reproductive health for more than a decade.

The 160-year-old Arizona abortion ban that was upheld on Tuesday by the state’s highest court was among a wave of anti-abortion laws propelled by some historical twists and turns that might seem surprising.

For decades after the United States became a nation, abortion was legal until fetal movement could be felt, usually well into the second trimester. Movement, known as quickening, was the threshold because, in a time before pregnancy tests or ultrasounds, it was the clearest sign that a woman was pregnant.

Before that point, “women could try to obtain an abortion without having to fear that it was illegal,” said Johanna Schoen, a professor of history at Rutgers University. After quickening, abortion providers could be charged with a misdemeanor.

“I don’t think it was particularly stigmatized,” Dr. Schoen said. “I think what was stigmatized was maybe this idea that you were having sex outside of marriage, but of course, married women also ended their pregnancies.”

Women would terminate pregnancies in several different ways, such as ingesting herbs or medicinal potions that were thought to induce a miscarriage, Dr. Schoen said. The herbs commonly used included pennyroyal and tansy. Another method involved inserting an object in the cervix to try to interrupt a pregnancy or terminate it by causing an infection, Dr. Schoen said.

Since tools to determine early pregnancy did not yet exist, many women could honestly say that they were not sure if they were pregnant and were simply taking herbs to restore their menstrual period.

Abortion providers described their services in discreet but widely understood terms.

“It was open, but sort of in code words,” said Mary Fissell, a professor of the history of medicine at Johns Hopkins University. Abortion medications or herbs were called “female lunar pills” or “French renovating pills,” she said.

Newspaper advertisements made clear these abortion services were available.

“Abortion is commercializing in the mid-19th century, up to the Civil War,” Dr. Fissell said. “You couldn’t pretend that abortion wasn’t happening.”

In the 1820s, some states began to pass laws restricting abortion and establishing some penalties for providers, according to historians.

By the 1840s, there were some high-profile trials in cases where women who had or sought abortions became very ill or died. Some cases involved a British-born midwife, Ann Trow Summers Lohman, known as Madame Restell, who provided herbal pills and other abortion services in New York , which passed a law under which providers could be charged with manslaughter for abortions after quickening and providers and patients could be charged with misdemeanors for abortions before quickening.

But strikingly, a major catalyst of abortion bans being enacted across the country was the emergence of organized and professionalized medicine, historians say.

After the American Medical Association, which would eventually become the largest doctors’ organization in the country, formed in 1847, its members — all male and white at that time — sought to curtail medical activities by midwives and other nondoctors, most of whom were women. Pregnancy termination methods were often provided by people in those vocations, and historians say that was one reason for the association’s desire to ban abortion.

A campaign that became known as the Physicians’ Crusade Against Abortion began in 1857 to urge states to pass anti-abortion laws. Its leader, Dr. Horatio Robinson Storer , wrote a paper against abortion that was officially adopted by the A.M.A. and later published as a book titled “ On Criminal Abortion in America. ”

Later, the association published “ Why Not? A Book for Every Woman ,” also written by Dr. Storer, which said that abortion was immoral and criminal and argued that married women had a moral and societal obligation to have children.

Dr. Storer promoted an argument that life began at conception.

“He creates a kind of moral high ground bandwagon, and he does that for a bunch of reasons that make it appealing,” Dr. Fissell said. In one sense, the argument coincided with the emerging medical understanding of embryology that characterized pregnancy as a continuum of development and did not consider quickening to be its defining stage.

There were also social and cultural forces and prejudices at play. Women were beginning to press for more independence, and the male-dominated medical establishment believed “women need to be home having babies,” Dr. Fissell said.

Racism and anti-immigrant attitudes in the second half of the 19th century began fueling support of eugenics. Several historians have said that these undercurrents were partially behind the anti-abortion campaign that Dr. Storer led.

“People like Storer were very worried that the wrong Americans were reproducing, and that the nice white Anglo-Saxon ones were having abortions and not having enough children,” Dr. Fissell said.

A moralistic streak was also gaining prominence, including with the passage of the Comstock Act in 1873, which outlawed the mailing of pornographic materials and anything related to contraception or abortion.

By 1880, about 40 states had banned abortion. Arizona enacted its ban in 1864 as part of a legal code it adopted soon after it became a territory.

The law, ARS 13-3603, states: “A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.”

“It was an early one,” Dr. Schoen said, “but it is part of that whole wave of legislation that gets passed between the 1860s and the 1880s.”

Pam Belluck is a health and science reporter, covering a range of subjects, including reproductive health, long Covid, brain science, neurological disorders, mental health and genetics. More about Pam Belluck