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Immigration Law

ORR Field Guidance #21 – Compliance with Garza Requirements and Procedures for Unaccompanied Children Needing Reproductive Healthcare (Rev. Nov. 10, 2022)

ORR, Nov. 10, 2022

"Congress made the Secretary of the Department of Health and Human Services (HHS) responsible for the care of all unaccompanied children (UC) while in federal custody, see 8 U.S.C. § 1232(b)(1). This Field Guidance confirms that ORR staff and care providers must not prevent UC from accessing legal abortion-related services and that ORR staff and care providers must make all reasonable efforts to facilitate access to these services if requested by the UC. This may involve transporting a minor to a state in which abortion is lawful and available, if the minor is currently in a state in which abortion is not lawful or available. This Field Guidance provides instructions to ORR staff on the intake and initial placement of pregnant UC and UC who have experienced sexual violence, as well as the transfer of pregnant UC, including UC seeking an abortion. The guidance applies to staff who are providing direct care to UC at all ORR-funded facilities, including Emergency Intake Sites and Influx Care Facilities. ..."