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Republicans Demand End to Proposed HHS Rule Facilitating Abortions for Unaccompanied Migrant Youth
BY Katherine Hamilton
Republican senators are demanding the reversal of a proposed rule that enables the federal government to assist pregnant unaccompanied migrant youth in ending the lives of their unborn babies via abortion.
Several GOP lawmakers sent a letter to Department of Health and Human Services (HHS) Secretary Xavier Becerra on Wednesday, opposing the Office of Refugee Resettlement’s (ORR) proposed rule called the “Unaccompanied Children Program Foundational Rule.” Lawmakers attest that the proposed rule “blatantly violates prohibitions on the use of federal funds to facilitate abortions and ignores the best interest of the unaccompanied minor.”
The lawmakers wrote: As you are aware, federal law requires that HHS “ensure that the interests of the child are considered in decision and actions related to the care and custody of an unaccompanied alien child.” It is of great concern that the proposed rule makes the harmful, politically-motivated assumption that abortion is what is in the best interest of a pregnant UAC.
“This prioritization of abortion will inevitably lead to further trauma and harm, including the cover up of human smuggling and sex trafficking,” they added.
After the Supreme Court issued its Dobbs decision overturning Roe v. Wade in the summer of 2022, the ORR issued written guidance allowing unaccompanied pregnant migrants younger than 18 years old to be assigned to shelters in states that allow abortions.
“Pregnant migrants under 18 who want an abortion should also be provided transportation, if necessary, from states such as Texas, where abortion is largely banned, to a state where it is legal,” the Associated Press reported at the time.
Lawmakers say the October 4 proposed rule would “continue the practice of directing ORR staff to submit requests to transfer pregnant minors to ORR facilities in other states in order to circumvent state laws that protect life while continuing the practice of distributing dangerous chemical abortion drugs without direct medical supervision to vulnerable children.”
“Additionally, the proposed rule would now include abortion to the definition of ‘medical services requiring heightened ORR involvement,’ to prioritize the taking of unborn life rather than prioritizing the interests of the Unaccompanied Alien Child (UAC),” the letter reads.
Lawmakers said they are especially concerned the proposed rule “neglects the conscience and religious freedom protections that Congress has afforded to ORR employees and contractors.”
“The proposed rule would shockingly require ORR staff and contractors to transport children across state lines for the purpose of obtaining an abortion,” the letter reads, emphasizing that while the preamble vaguely acknowledges conscience protections under the Religious Freedom Restoration Act (RFRA), the text of the proposed rule itself “neglects to include reference to these protections.”
According to the letter: The proposed rule also neglects to include reference to Title VII of the Civil Rights Act of 1964, which prohibits federal agencies, including HHS, from discriminating against employees because of their religious beliefs, observances and practices, which includes religious objections to abortion and disregard for state laws protecting life.
The letter goes on to note that lawmakers wrote to the HHS about its abortion guidance in September 2022 — a letter which allegedly “went unanswered” — warning that the Hyde Amendment restricts the HHS from funding elective abortions or allowing the federal government “to use taxpayer dollars, facilities, staff, and other resources to circumvent any State laws that protect life or federal prohibitions on funding abortions.”
“Instead of adhering to the law, responding to Congressional inquiry, heeding Congress’ warning, and treating unaccompanied minors with the dignity and respect they deserve as young mothers,” the letter states, “HHS ORR has decided to codify these flagrant violations of the Hyde Amendment through the proposed rule.”
Republicans also took the opportunity to slam the Biden administration for neglecting the border crisis while promoting ending the lives of the unborn via abortion.
“It is unacceptable that the Biden administration would choose to extend its radical abortion agenda to vulnerable, often helpless, migrant children, instead of dedicating its time and efforts toward addressing the crisis at our southern border,” Republicans wrote.
They continued: In fiscal year 2022, there were 2.37 million migrant encounters at the southern border; through August of fiscal year 2023, there were at least an additional 2.23 million. Customs and Border Protection Agents have seized nearly 14.7K pounds of deadly fentanyl in fiscal year 2022 and 25.6K pounds in fiscal year 2023 and stopped 227 individuals on the terrorist watchlist crossing the southern border in the last two fiscal years as well. Rather than enact common-sense policies that would help secure the border and curb the flow of migrants and drugs into our country, the Biden administration has chosen to ignore the crisis and instead promote its illegal and unconscionable directive on taking unborn life. Every life is worthy of protection, born or unborn, and the UACs who are encountered at the border need appropriate and compassionate humanitarian assistance, not more violence.
Republicans ultimately requested that any final ORR rule regarding the care of pregnant unaccompanied minors “respect state laws regarding the protection of unborn life” and honor federal conscience and religious freedom protections.
Sens. Roger Marshall (R-KS) Cindy Hyde-Smith (R-MS), Joni Ernst (R-IA), Mike Braun (R-IN), Rick Scott (R-FL), Josh Hawley (R-MO), and Ted Cruz (R-TX) joined Sens. Steve Daines (R-MT) and James Lankford (R-OK) in sending the letter.