Biden-Era Loophole on Indirect Abortion Funding for Unaccompanied Minors Closed by Trump Team

The Biden administration quietly authorized taxpayer dollars to support travel and related costs for abortions, especially for unaccompanied migrant minors. The Trump administration just overturned that taxpayer funded giveaway, tightening protections under the Hyde Amendment.

Key Facts:

  • The Biden-era DOJ approved using federal funds for abortion-related travel expenses, including for migrant minors.
  • This interpretation followed the 2022 Supreme Court decision overturning Roe v. Wade.
  • Trump’s DOJ issued a new opinion on July 11, 2025, revoking the previous stance.
  • The new opinion argues that even indirect abortion-related expenses, like transportation, violate the Hyde Amendment.
  • The shift supports Executive Order 14182, which prohibits using taxpayer funds to promote elective abortion.

The Rest of The Story:

Under the Biden administration, the Department of Justice issued a legal opinion that allowed taxpayer money to be used for “ancillary services” related to abortion access.

That included transportation, particularly for unaccompanied migrant children in federal custody.

This was based on the belief that while the Hyde Amendment prohibited direct abortion funding, indirect support like transportation didn’t fall under that ban.

The Health and Human Services Department followed that opinion, and its Office of Refugee Resettlement used the funds accordingly.

But on July 11, 2025, the Trump administration’s Office of Legal Counsel reversed that interpretation.

It stated that using federal money for transportation to obtain an abortion still conflicts with the intent of the Hyde Amendment.

The new opinion reads, “It would thus be inconsistent with longstanding congressional policy… for HHS to fund such expenses merely because they do not go directly to the person or entity performing the abortion.”

Commentary:

This is another example of how Democrats tend to bend or reinterpret laws when they don’t get their way.

In this case, they used a creative reading of the Hyde Amendment to funnel taxpayer dollars into abortion-related services, despite the law’s clear intent.

We’ve seen this before. When the Supreme Court struck down race-based admissions, liberal universities scrambled to find workarounds.

When the Court overturned Roe, the Biden administration looked for indirect routes to keep the abortion industry alive—with taxpayer help.

What’s especially troubling here is how quietly this was done. The public was largely unaware that taxpayer money was funding transportation for abortions, especially among vulnerable populations like unaccompanied migrant minors.

This isn’t about access to healthcare—it’s about bypassing clear legislative boundaries.

Congress has repeatedly said: no taxpayer dollars for abortions. The Biden administration’s workaround flew in the face of that. Thankfully, the Trump administration caught it.

Their new opinion restores integrity to how the Hyde Amendment is applied and reflects the will of the people as expressed through Congress.

This move also supports President Trump’s Executive Order 14182, which directs agencies to stop the misuse of federal funds for promoting elective abortions.

It’s a step back toward respecting both the letter and spirit of the law. Critics may cry foul, but this correction was long overdue.

It’s not just about abortion—it’s about holding the executive branch accountable to Congress and the law.

The Bottom Line:

The Trump administration has shut down a backdoor policy that used taxpayer dollars to indirectly support abortions through transportation funding.

The reversal strengthens the Hyde Amendment and sends a clear message about respecting congressional limits.

By catching and correcting this legal stretch, the administration has reaffirmed the public’s stance that taxpayer funds shouldn’t be used to promote elective abortion—directly or indirectly.

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