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Original Date Announced
March 4, 2017The Office of Refugee Resettlement (ORR) issues a memo prohibiting federally funded detention shelters from taking "any action that facilitates" abortion for unaccompanied children without written approval from the director of ORR.
[ID #255]
ORR Memo: ORR custodial decisions to preserve the health of a pregnant UACEffective Date
March 4, 2017Subsequent Trump and Court Action(s)
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March 30, 2018
Garza v. Hargan Order
In Garza v. Hargan, the DC District Court issued an order enjoining ORR from interfering with or obstructing any class member’s access to: (1) a judicial bypass, (2) medical appointments related to pregnancy dating, (3) non-directive options counseling, (4) abortion counseling, (5) an abortion, or (6) other pregnancy-related care.
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June 4, 2018
Supreme Court Vacates Garza v. Hargan
The Supreme Court vacated the DC Circuit Court's order and remanded the case with instructions to direct the District Court to dismiss the relevant individual claim for injunctive relief as moot.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
September 29, 2020
Policy Memorandum: Medical Services Requiring Heightened ORR Involvement (UAC PM 20-1)(09/29/20)
ORR issued a new policy memo on September 29, 2020, that prohibited obstruction or interference with access to abortion for unaccompanied minors who request an abortion or abortion counseling. Following this action, the parties in J.D. v. Azar (originally Garza v. Hargan), Case. No. 1:17-cv-02122 (D.D.C.) filed a joint stipulation for dismissal without prejudice.
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Biden Administration Action: Revoked/Replaced
October 1, 2021re: Field Guidance 21: Compliance with Garza Requirements for Pregnant Unaccompanied Children in Texas
On October 1, 2021, the Administration for Children & Families within the Office of Refugee Resettlement (ORR) published new guidance to ORR staff on intakes, placement, and transfers of unaccompanied migrant children who are pregnant, including when care providers in Texas discover that an unaccompanied child in their care and custody is pregnant.
View DocumentBiden Administration Action: Revoked/Replaced
November 10, 2022Field Guidance #21 – Compliance with Garza Requirements and Procedures for Unaccompanied Children Needing Reproductive Healthcare
On November 10, 2022, the Office of Refugee Resettlement (ORR) published new guidance aimed at ensuring that unaccompanied migrant children in ORR's care can access abortion care. The guidance instructs officials to avoid placing children who are pregnant or victims of sexual assault in states with abortion bans. If a child lives in a state with an abortion ban, and requests access to abortion services, the guidance directs officials to take all reasonable efforts to transfer the child to a state where abortion care is lawful and available.
View DocumentBiden Administration Action: Revoked/Replaced
April 30, 20242024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)
This Biden administration policy revokes the Trump-era policy identified in this entry.
On April 30, 2024, the Department of Health and Human Services, Administration of Children and Families, enacts a final rule regulating key aspects of the placement, care, and services provided to unaccompanied children in custody of the Office of Refugee Resettlement (ORR). The final rule implements the 1997 Flores Settlement Agreement.
Section 410.1307 of final rule addresses Healthcare Services. The rule requires ORR "make reasonable efforts to facilitate access" to "medical services requiring heightened ORR involvement," which includes abortions. Where state law conflicts with ORR's ability to facilitate abortions, the rule states that "ORR is required to abide by their Federal duties."
View DocumentCurrent Status
Not in effectMost Recent Action
April 30, 2024 Action: Revoked/Replaced 2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)October 1, 2021Acted on by Biden Administration
November 10, 2022Acted on by Biden Administration
April 30, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In Litigation ReplacedTrump Administration Action: Agency DirectiveAgencies Affected: ORRPre Trump-Era Policies
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March 21, 2008
When a grantee learns that a UAC has been advised by a doctor to undergo or wishes to seek medical services requiring heightened ORR involvement (i.e., significant surgical or medical procedures, abortions, and services that may threaten the life of the UAC), the grantee must follow the procedures for Significant Incident Documentation and Reporting at section 1.03 and for Medical Services at section 3.04 In additional, the grantee must immediately call the DUCS Director and provide all available details about the situation.
March 21, 2008 memorandum, "Medical Services Requiring Heightened ORR Involvement"
Documents
Trump-Era Policy Documents
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New Policy
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Prior Policy
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Subsequent Action
Original Source:
Preliminary injunction against the order
- Subsequent Action
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Commentary
Original Source:
ACLU article
Biden Administration Policy Documents
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Commentary
Second Legal Battle Over Abortion Rights for Immigrant Teens Takes Unexpected Turns
The ACLU in Garza v. Hargan is challenging the government's premise that allowing young women to leave shelters to get abortion care is tantamount to facilitating an abortion.
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