Skip to main content
PRINT EDITION

From Precedent to Policy: The Effects of Dobbs on Detained Immigrant Youth

Abstract: In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its care.

This Comment discusses the impact of Dobbs on the rights of unaccompanied immigrant children (UCs) detained in immigration custody by ORR. Now that detained UCs’ right to abortion is only protected by agency policy, it can be changed by ORR without going through notice and comment rulemaking. This Comment explains the historical context of the rights of migrant children and the right to an abortion. It advances the argument that states that want to protect abortion for detained immigrant youth must incorporate those rights in child welfare laws.

Download the Full Article

Other Articles from WLR Print Edition

December 1, 2024 in PRINT EDITION

How Detrimental is Transunion v. Ramirez, Really? Understanding the Impact on Environmental Law

Abstract: In 2021, the United States Supreme Court issued a controversial opinion with the potential to constrict the standing doctrine. TransUnion v. Ramirez appeared to alter standing’s “concrete harm” requirement, which would…
Read More
December 1, 2024 in PRINT EDITION

Abdication of Power: Arizona v. Navajo Nation and Judicial Refusal to Enforce the Federal Trust Relationship

Abstract: Over 150 years ago, the federal government signed a treaty promising the Navajo people a permanent home within the bounds of their ancestral homeland. To this day, that promise…
Read More
December 1, 2024 in PRINT EDITION

Adverse Elements: How Requiring an Adverse Employment Action Element in ADA Failure-to-Accommodate Claims Hinders Disability Rights

Abstract: Individuals with disabilities are continuously marginalized by a world tailored to the able-bodied. One of the most visible areas where this marginalization manifests is employment. The Americans with Disabilities…
Read More