Trump administration can't block undocumented minors from getting abortions, court rules

President Trump.
(Image credit: Alex Wong/Getty Images)

The D.C. Circuit Court of Appeals ruled on Friday that undocumented immigrant minors in federal custody cannot be blocked from getting abortions, striking down the Trump administration's efforts to prevent migrant teenagers from visiting abortion clinics while detained.

BuzzFeed News reports that the ruling is part of an ongoing fight between the government and the court. The Trump administration tried to block a 17-year-old undocumented immigrant in federal custody from receiving an abortion back in October, but the court decided she should be allowed to visit a clinic "promptly and without delay."

Now, the court has ruled more broadly, deciding they were "rejecting the government's position that its denial of abortion access can be squared with Supreme Court precedent." Trump administration officials implemented a policy in 2017 that banned the Office of Refugee Resettlement from allowing undocumented, unaccompanied minors to receive abortions. The policy was defanged by a district judge shortly after, and the government has since argued that it was being forced to "facilitate" abortions and encouraging "abortion tourism."

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The court on Friday disagreed, saying the various arguments were "misguided" and pointing to the fact that a minor in custody is reliant on the ORR for all health care needs. The judges concluded the policy violated Supreme Court precedent and placed "undue burden" on a person's right to an abortion.

The ACLU cheered the decision, calling the original policy a "blatant abuse of power" and noting the ruling comes amid a push to challenge the Supreme Court's Roe v. Wade ruling. Reuters' Lawrence Hurley agreed, predicting the case is "probably headed to the Supreme Court." Read more at BuzzFeed News.

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Summer Meza, The Week US

Summer Meza has worked at The Week since 2018, serving as a staff writer, a news writer and currently the deputy editor. As a proud news generalist, she edits everything from political punditry and science news to personal finance advice and film reviews. Summer has previously written for Newsweek and the Seattle Post-Intelligencer, covering national politics, transportation and the cannabis industry.