Trump Administration to Reverse Biden’s Abortion Travel Policy for Minors
In a significant move, the Trump administration plans to undo a regulation from the Biden era that used taxpayer funds to facilitate travel for unaccompanied immigrant minors seeking abortions in the U.S. This information comes from sources familiar with the matter.
According to officials from the Department of Health and Human Services (HHS), this effort aims to align with the Hyde Amendment, which prohibits federal funding for most abortions. “HHS is reviewing the relevant regulations and guidance to ensure compliance with all applicable laws, including the Hyde Amendment,” stated an HHS official.
While the Trump administration has not found any current funding being used to facilitate travel for abortions through the Office of Refugee Resettlement, it’s noted that this office does not track such data.
Biden’s Unaccompanied Children Program Foundational Rule
In November 2022, the Biden administration introduced the “Unaccompanied Children Program Foundational Rule.” This ruling mandated that the Office of Refugee Resettlement ensures unaccompanied minors have access to necessary medical care, including transportation across state lines for services like family planning and specialist visits. The guidance explicitly stated that this requirement holds regardless of federal appropriations law regarding funding for medical care.
This guideline formed the basis for providing transportation for minors to receive abortions, even traveling to states where abortion is prohibited.
Critics argue that this rule violates the Hyde Amendment. A July memo from Trump’s Office of Legal Counsel concluded that the use of federal funds for such purposes is not permissible. “We now conclude that the Hyde Amendment prohibits the use of federal funds to provide ancillary services necessary to receive an abortion,” the memo stated.
This reassessment led the Office of Legal Counsel to retract its previous stance, now aligning with interpretations of the Hyde Amendment.
Legal Background: Azar v. Garza
In 2017, before the Biden rule, the D.C. Circuit Court ruled that the government must allow a pregnant unaccompanied minor to obtain an abortion. The case involved a girl known as “Jane Doe,” who was in custody after entering the U.S. as a minor. Following the government’s denial of her abortion request, her guardian sought legal recourse, ultimately winning in federal court. The judge ruled that the government’s policy imposed an undue burden on a woman’s right to abortion.
She ordered the government to either facilitate the abortion or release her to her guardian for transport. The government did not appeal after the abortion was performed, filing instead to nullify the ruling to avoid setting a precedent.
Although the Supreme Court deemed the case moot, as the abortion had already occurred, experts suggest this doesn’t hinder further regulatory changes by HHS.
Future Steps for the Trump Administration
Experts like Matt Bowman from Alliance Defending Freedom contend that the Trump administration can take significant actions to alter the policies concerning taxpayer support for minors seeking abortions. He suggests the Department of Justice should revoke earlier memos endorsing abortion funding related to unaccompanied minors. Furthermore, HHS should rescind the Biden-era rule altogether.
Bowman anticipates legal challenges will arise from these efforts but believes it will be a chance to establish new court precedents post-Roe v. Wade. “They were decided under Roe v. Wade with the premise of a constitutional right to abortion—something that simply isn’t applicable anymore,” Bowman argues.
Timeline for Implementation
If HHS adopts these recommendations, there will be a requisite period for public comment on the new rule, likely followed by potential lawsuits from abortion rights advocates. This situation presents an opportunity for the Trump administration to potentially influence legal standards moving forward.
“There’s hope that the administration will take steps to ensure federal resources aren’t used to facilitate abortion services for minors who cross the border illegally,” Bowman expressed.
