The Trump administration recently retracted a legal interpretation from the Biden administration, permitting taxpayers to cover costs for services that assist with abortions, including transportation expenses. This policy primarily aimed to support unaccompanied minority immigrants seeking abortions.
Following the Supreme Court’s 2022 decision that overturned Roe v. Wade, the Department of Health and Human Services had utilized taxpayer funds for transportation services for patients, even though Congress had prohibited direct funding for abortions under the Hyde Amendment. At the time, the Department of Justice’s Office of Legal Counsel was criticized for aligning with the Biden administration’s interpretation of legal frameworks.
However, this changed when the Trump administration’s Office of Legal Counsel issued a new opinion, effectively blocking taxpayer funds from being allocated for any “adjusted services” that could facilitate an abortion.
The Biden-era interpretation was significant for the HHS Refugee Resettlement Office, which used federal funds to provide abortion-related assistance to unaccompanied minors. The new opinion released indicates that current regulations ensure unaccompanied children in detention are informed about family planning services, implying that transport across state lines is necessary for accessing these services.
The document suggests that if transport costs are required for individuals to obtain abortions, these costs could be categorized as indirect expenses, which would conflict with longstanding congressional rules surrounding the Hyde Amendment. The opinion clarifies that while HHS may cover associated expenses, these will not be directly allocated to abortion providers or individuals seeking the procedure.
Since a change made to the Hyde Amendment in 1993, a debate has persisted regarding its interpretation. The latest opinion posits that this amendment now encompasses not only direct abortion but also any services related to it.
Despite the publication of this story, Fox News Digital did not receive a comment from the Department of Justice.
The recent revisions follow an Executive Order aimed at ensuring federal tax dollars are not used to fund or promote elective abortions.
