'We cannot accept the suggestion that minors in ORR custody should be compelled to carry pregnancies to term against their wishes ... so that others will be deterred from desiring to come here.'
WASHINGTON — The Trump administration cannot block pregnant, undocumented teenagers held in government custody from getting abortions, a federal appeals court ruled Friday., the court concluded that they were"rejecting the government’s position that its denial of abortion access can be squared with Supreme Court precedent."
Starting in 2017, the Trump administration instituted a policy that prohibited undocumented, unaccompanied minors from obtaining abortions while in US custody. The Office of Refugee Resettlement, an arm of the Department of Health and Human Services, manages care for unaccompanied migrant children and teenagers. Adult migrants being held by immigration authorities are allowed to have the procedure.
The Justice Department agreed in the case that the overarching principle that women have a constitutional right to choose an abortion applied to the migrant teenagers in its care. But the Trump administration argued these minors weren't being completely blocked from getting the procedure — if they agreed to leave the country, they could get the abortion in their home country, the government said.
The government also argued it was being forced to"facilitate" abortions, which it wasn't required to do. But the court found that ORR was denying abortion access even when the young women used other sources of funding to pay for the procedure and secured their own transportation.
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