The Office of Refugee Resettlement (ORR), an agency within the Department of Health and Human Services (HHS), works to house unaccompanied children (UC) at the border who are not legal American citizens.ORR revised Field Guidance #21 to include directions to send pregnant UC to states without abortion restrictions since SCOTUS overturned Roe v. Wade.In 2017, the ACLU sued the Trump administration (J.D. V. AZAR, FORMERLY GARZA V. AZAR AND GARZA V. HARGAN) after ORR prevented a teenager from getting an abortion.In September 2020, under Biden’s administration, the ORR “adopted a new policy under which it would not interfere with immigrant minors’ access to abortion and related services and would adopt strict limits on disclosure of minors’ pregnancy and abortion information.”Yes. Children. In other words, minors. Humans under 18 years old (emphasis mine):
This Field Guidance confirms that ORR staff and care providers must not prevent UC from accessing legal abortion- related services and that ORR staff and care providers must make all reasonable efforts to facilitate access to these services if requested by the UC. This may involve transporting a minor to a state in which abortion is lawful and available, if the minor is currently in a state in which abortion is not lawful or available.
I cannot find an age restriction within the document. So does that mean they can take little children to get abortions?
ORR stressed the new policy is in compliance with the Garza decision. From the document (emphasis mine):
When receiving a DHS referral for UC to ORR, ORR Intakes Team typically attempts to place the UC at a care provider program located in geographical proximity to the area where DHS encountered the UC, taking into consideration the individual needs of the UC (see UC MAP Section 1.3.2).In the case of any referral of pregnant UC and/or UC who are a victim of sexual based crimes:
• ORR Intakes Team must prioritize placement of pregnant UC and UC who are victims of sexual-based crimes in states without abortion bans and with broad access to reproductive health care for minors. When bed space in those states is limited, the ORR Intakes Team must use their professional discretion and judgment and available information, to place UC in the least restrictive placement with available bed space, prioritizing facilities that are licensed to care for pregnant UC.
The care provider staff must inform the pregnant UC of her “reproductive health care options.”
The provider has to inform ORR immediately if the girl requests an abortion. That’s when ORR will move the girl to an abortion state.
ORR can take a girl to a state with restrictive abortion laws if the state has a clinic willing to perform the abortion:
• ORR will, to the greatest extent possible, transfer pregnant UC requesting an abortion to an ORR program that is state-licensed to care for pregnant UC and in an appropriate location to support the UC’s health care needs and access to an appropriate medical provider who is able to legally perform the requested abortion.• ORR must ensure that the pregnant UC has access to available abortion care they have requested and that the care provider assists in the transportation of the UC for the purpose of an abortion, which may include travel across state lines.• Consistent with Garza, ORR prioritizes the transfer of UC requesting abortion to a state with access to abortion care, in the same manner as ORR would transfer a UC to another care provider to secure appropriate medical services.
o The only instance in which a transfer may be made to a state that does not provide abortion access is if such a transfer will facilitate access to an abortion, such as providing a travel route, because the UC will be placed in a different ORR facility geographically close to lawful abortion care. This may include states with a major airport with routine direct flights to states with abortion access. Travel to access medical services is permissible and routine for UC in ORR care and custody (see ORR Policy Guide Sections 3.4, 3.4.3 and 3.4.4). If access cannot be facilitated, an additional transfer must be made so that the UC can access abortion care.
Who pays for this? Who makes sure the child is not forced to have an abortion?
On the subject of confidentiality, remember, these are female children who’re bouncing around the country. The children are also supposed to have sponsors who are usually relatives:
o In general, ORR federal staff and care providers must not communicate information about a UC’s pregnancy (including the fact of the pregnancy) or UC’s decision on whether to have an abortion (before or after the abortion) to individuals other than ORR federal staff and care providers directly involved in the UC’s case. Procedures in the UC MAP Section 3.4.7 outline four exceptions to the confidentiality requirements.
The policy regarding notification says: “ORR federal staff and care providers shall not communicate information about a UAC’s pregnancy (including the fact of the pregnancy) or decision whether to have an abortion (before or after the abortion) to individuals other than staff members or the UAC…”
The exceptions are if the UC “needs emergency medical care and is unable to inform an emergency medical provider herself; or authorizes the ORR federal staff or care providers to communicate the information to a specific individual.”
The memo includes “in good faith” instructions for the provider:
Nothing in this provision prohibits the ORR federal staff from communicating information to an applicant or approved sponsor regarding a serious health complication arising from pregnancy, birth or abortion that ORR finds in good faith the UAC may experience or require follow-up care to address after having been transferred to the custody of that applicant or approved sponsor. In addition, nothing in this provision prohibits the ORR federal staff from communicating information regarding the UAC’s pregnancy to an applicant or approved sponsor if the ORR federal staff has found in good faith that ORR must communicate the information to confirm that the applicant or approved sponsor can provide the financial and emotional support needed by the UAC associated with carrying the pregnancy to term, giving birth, and/or parenting.
If an ORR official or care provider has a religious objection to abortion, they must file a request for permission not to help with this process.
How about a moral objection to abortion?
An anonymous source told CBS News the federal government has a “relatively small” population of pregnant girls.
The same official confirmed “HHS has already transferred some pregnant girls from states that have banned abortions.”
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