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Family Law Keyed to Weisberg
J.D. v. Azar
Citation:925 F.3d 1291 (D.C. Cir. 2019)
In 2017, the Department of Health and Human Services, Office of Refugee Resettlement (ORR) instituted a policy that effectively barred any pregnant unaccompanied alien child in its custody from obtaining a pre-viability abortion. ORR announced that shelters were prohibited from taking any action to facilitate such an abortion without approval from the Director of ORR. Director Scott Lloyd denied every abortion request presented to him in his tenure regardless of circumstances. Under this policy, it does not matter whether the unaccompanied minor meets all of the requirements to obtain an abortion under the per the law of the state in which she is being held, whether the minor has her own funding for and transportation to the abortion procedure, or whether her pregnancy is a result of rape. A class of pregnant unaccompanied minors sought a preliminary injunction, challenging the constitutionality of the ORR’s new policy.
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