Thread: HHS Mulls Appeal After Judge Forces Trump Admin To Provide Abortions For Illegals

Posted By Kevin Daley On 4:38 PM 03/31/2018


The U.S. Department of Health & Human Services may appeal a court decision requiring the Trump administration to provide abortions for pregnant, illegal teens in federal custody, The Daily Caller News Foundation has learned.

Though the Trump administration says it has no duty to facilitate abortions, a federal judge in Washington, D.C. found new government policy respecting pregnant minors in immigrant detention likely places an undue burden on abortion access.

“The Department of Health & Human Services strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government’s care,” an HHS spokesperson told TheDCNF. “We are working closely with the Justice Department to review the court’s order and determine next steps.”

Current Office of Refugee Resettlement (ORR) policy requires pregnant minors to obtain written, notarized permission from their parents before terminating a pregnancy. They also must submit for an ultrasound and meet with an options counselor. No abortions can proceed without the approval of agency Director Scott Lloyd.

U.S. District Judge Tanya Chutkan, an Obama appointee, ruled late Friday the directives likely violate the Constitution.

Chutkan also granted the lawsuit class status, allowing all illegal pregnant minors in federal custody — now or in the future — to join the effort and obtain relief from administration policy. The American Civil Liberties Union (ACLU) organized the effort.

Susan B. Anthony List, a pro-life political advocacy group, accused Chutkan and ACLU lawyers of exploiting taxpayers, government workers, and vulnerable women to promote a pro-choice agenda.

“For abortion extremists it is not enough that abortion on-demand is legal through all nine months of pregnancy,” SBA List told TheDCNF. “The abortion lobby, the ACLU, and pro-abortion ideologue judges like Tanya Chutkan are on a mission to force American taxpayers to facilitate abortions for vulnerable women and teen girls coming into the U.S. illegally.”

“We stand firmly behind Secretary Azaar, Scott Lloyd and others who seek to protect the life and dignity of all people in HHS’ care, born and unborn, and commend the Trump administration for refusing to be intimidated,” they added.

HHS can appeal Chutkan’s decision to the U.S. Court of Appeals for the D.C. Circuit. They may struggle to gain traction with that court, however, as the full panel ruled against the administration in a six to three decision in an earlier iteration of this litigation. That case was occasioned in October 2017 when ORR refused to facilitate an abortion for a 17-year-old minor in their custody. The D.C. Circuit allowed the procedure to proceed, and the minor terminated her pregnancy on Oct. 25.

The abortion was performed before the Trump administration could appeal to the U.S. Supreme Court, so government lawyers asked the justices to sanction the minor’s attorneys. The high court has not yet acted on that request.

http://dailycaller.com/2018/03/31/hh...-for-illegals/

So if they have the baby, who pays for that? Why would American taxpayers who want illegal aliens to be deported want to pay for the care and delivery of an anchor baby?

I'm Pro-Choice, so of course, I find the whole thing disgusting and am appalled that HHS and the DOJ would collude on such a perverse travesty as forcing any girl or woman in custody into childbirth against their will, let alone an illegal alien birthing an anchor baby.

It's completely Wack-o-Doodle.

UAC's are foreign runaways. They need to be handed over into the care and custody of THEIR countries authorities within 24 hours.

They are NOT US citizens, whether they are pregnant or not. Not our problem.

Just get them out of here. Let their government take care of them.

We are not the daycare center or maternity ward for the World.

Problem solved!!! Now load them all up on a bus and get these UAC's out of our country.

They all lie, we do not know who they are, who they belong to.

Stop the human trafficking and give them back to their country to sort it out!

Announce appeal of decision forcing govt. to facilitate abortions for illegals

By Stephen Dinan - The Washington Times - Tuesday, April 3, 2018

The Justice Department said Tuesday it will appeal after a federal court last week ordered the administration to facilitate abortions for pregnant illegal immigrant teens in government custody.

Government lawyers said the ruling by Judge Tanya Chutkan risks “incentivizing illegal immigration by compelling the federal government to facilitate an unaccompanied alien child’s request for an elective abortion.”

The Justice Department asked Judge Chutkan, an Obama appointee to the federal district court in D.C., to stay her own ruling while the appeal is pending.

The case is testing the limits of constitutional rights granted to illegal immigrants.

Judge Chutkan last week granted class-action status to pregnant illegal immigrant teens in government custody who came to the U.S. as Unaccompanied Alien Children (UAC), meaning they arrived without their parents.

Judge Chutkan said those girls have a right to abortion in the U.S., and said the Trump administration appeared to be interfering with that right. She ordered the government to facilitate abortions in cases where the girls request them.

But the Trump administration says the issue is more complicated than that. They argue that while the girls are in custody, the government has an interest in both their health and that of their fetus. They also argue that federal law restricts their ability to use taxpayer money to facilitate an abortion — a limit they said Judge Chutkan’s order forces them to breach.

“Holding that [the administration’s] policies violate the Fifth Amendment — and instead that the Constitution in every factual circumstance requires the government to facilitate an elective abortion for all unaccompanied minors that enter the United States — is incorrect,” Justice Department lawyers said in their stay request.

The Health and Human Services Department, which is in charge of UAC, says they have two other good options: They can accept deportation back home, or they can be placed with sponsors here in the U.S. In either case, they are free of U.S. government interference in their decisions, the Trump administration says.

Judge Chutkan rejected that, saying the sponsorship process can take so long that it violates the girls’ rights to a quick abortion, and saying she wouldn’t send the girls back to countries where abortions are illegal, because that too would violate their rights here in the U.S.

She had previously ordered abortions in several individual cases, but in a ruling issued late Friday she went further, declaring a class of all pregnant UAC in custody and ordering the government to assist anyone who requests to terminate her pregnancy.

She also ordered the government not to reveal the decision to abort to anyone.

The government says that’s not only difficult but counterproductive, since it would mean limiting disclosure to medical personnel who would have to treat the UAC after an abortion, and could end up hindering the ability to find an appropriate sponsor to place the girl with.

An early round of arguments had already made its way to to the U.S. Circuit Court of Appeals for the District of Columbia, which upheld Judge Chutkan’s initial ruling ordering abortions in specific cases.

The Trump administration has appealed that earlier decision to the Supreme Court, but the justices have yet to say whether they will hear the case.

https://www.washingtontimes.com/news...more-illegals/

ALL MINOR'S, PREGNANT OR NOT, NEED TO BE DEPORTED BACK TO THEIR COUNTRY WITHIN 24 HOURS!

HAND THEM OVER INTO THE CARE AND CUSTODY OF THEIR SOCIAL SERVICES!

THESE "GIRLS" HAVE NO RIGHT TO BE IN THIS COUNTRY AND NO RIGHT TO ANY MEDICAL CARE!

GET THEM OUT OF HERE!

It's mind-boggling to me to see this because this is forcing anchor baby births in the US which anchors the illegal alien to our soil forever. This is what happens when personal religious beliefs are allowed to drive public policy. The country becomes schizophrenic, stumbling over its own feet and self-destructs.