Trump Administration Moves to Reverse Biden Rule Funding Abortion Travel for Illegal Alien Minors

U.S. President Donald Trump. Photo: Andrew Harnik/Getty Images

WASHINGTON, D.C. — The Trump administration is taking steps to overturn a Biden-era regulation that permitted taxpayer funds to cover travel expenses for unaccompanied illegal alien minors seeking abortions.

According to reporting from Elizabeth Troutman Mitchell of The Daily Signal, officials at the Department of Health and Human Services (HHS) said the move aims to bring federal policy into compliance with the Hyde Amendment, which prohibits federal funding for abortions. “HHS is reviewing the relevant regulations and guidance to ensure they align with all applicable laws, including the Hyde Amendment,” an agency spokesperson said to The Daily Signal.

The rule in question — the “Unaccompanied Children Program Foundational Rule” finalized in April 2024 — required HHS’ Office of Refugee Resettlement (ORR) to ensure minors had access to medical care, including out-of-state transportation for abortion procedures, even in states with bans in place.

According to a July memorandum from the Trump administration’s Office of Legal Counsel, this rule violated the Hyde Amendment. The Office of Legal Counsel has since withdrawn its earlier 2022 opinion that had allowed the funding of abortion-related travel, now concluding that such expenditures are unlawful.

The reversal follows years of legal contention stemming from cases like Azar v. Garza, in which a D.C. court ordered the government in 2017 to permit an unaccompanied minor to obtain an abortion. The case was later vacated as moot, but it established temporary precedent supporting access to abortions for migrant minors.

Legal experts say the Trump administration’s actions could set the stage for new court battles. Matt Bowman, senior counsel at Alliance Defending Freedom and former HHS deputy general counsel, said both the DOJ and HHS should repeal Biden-era abortion guidance and regulations.

Bowman added that any changes will likely face legal challenges from abortion advocacy groups — challenges he urged the administration to fight “all the way to the Supreme Court” in the post-Dobbs legal landscape.

“The Trump administration, we hope, will do everything they can to reverse the policies that make federal programs into an Uber service for abortions for illegal alien children,” Bowman told The Daily Signal.

Previously, UOJ reported that White House Press Secretary Karoline Leavitt said the administration is not interested in building the Third Temple in Jerusalem.

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