Two Republican lawmakers are pushing legislation to permanently block federal funding from assisting unaccompanied illegal alien children in the U.S. who seek abortion access.
Rep. Mark Harris (R-NC) and Rep. Mary Miller (R-IL) introduced the bill to prevent taxpayer dollars from being used for transportation or related services for abortion purposes.
“No American should ever have their tax dollars used to shuttle illegal aliens across state lines for abortions,” Harris told The Daily Signal. “We’re going to end this outrageous policy and restore accountability to federal programs.”
The measure codifies a Trump-era effort to reverse a Biden administration rule that required the Office of Refugee Resettlement (ORR) to arrange and fund travel for unaccompanied minors seeking medical care, including abortion, even when federal funds could not pay for the procedure itself.
The rule, finalized in April 2024, ensured that unaccompanied minors could access out-of-state medical services.
Harris and Miller’s legislation explicitly bars federal spending on travel, lodging, meals, child care, translation services, doula care and patient education if the purpose is to assist an illegal alien in obtaining an abortion.
Miller condemned the prior policy, saying, “President Biden turned federal agencies into abortion facilitators. The Trump administration is rightfully moving to restore compliance with the Hyde Amendment, and this legislation ensures taxpayers are no longer funding this abuse.”
The Hyde Amendment, passed in 1976, prohibits federal funding for abortions.
In July 2025, a memorandum from the Office of Legal Counsel concluded that prior interpretations allowing ancillary services in support of abortion violated this law.
The U.S. Department of Health and Human Services (HHS) is reviewing the regulation to ensure compliance, according to the outlet.
Critics argue the foundational ORR rule, codified under 45 CFR Part 410, circumvented state abortion restrictions and exceeded statutory authority.
The U.S. Conference of Catholic Bishops condemned the policy, calling it a mechanism that effectively enabled interstate abortion travel at taxpayer expense.
Medical experts, including the American Medical Association, raised concerns about potential conflicts with medical protocols and legal standards for minors in federal custody.
The Harris-Miller bill has drawn support from multiple Republican co-sponsors across at least 28 states, including prominent lawmakers such as Reps. Marjorie Taylor Greene (R-GA), Thomas Massie (R-KY), Randy Weber (R-TX) and Clay Higgins (R-LA).
Leading pro-life organizations, including the Family Research Council, March for Life Action, Students for Life Action and CatholicVote, have endorsed the legislation.
By codifying the Trump administration rollback and clarifying Hyde Amendment limitations, the legislation aims to prevent future administrations from using ORR resources to facilitate abortion access for illegal alien minors.
Harris and Miller describe the bill as both a safeguard for taxpayer funds and a measure to uphold state laws and protect child welfare.
“This legislation is about accountability and ensuring federal programs respect both the law and the well-being of children,” Miller said.
The measure is expected to reignite debate over the role of federal agencies in providing services to unaccompanied minors and whether taxpayer resources should ever facilitate abortion access.
Republicans argue it addresses a clear legal and ethical violation, while opponents may view it as restricting healthcare options for minors in federal custody.
As HHS continues its review and Congress advances the legislation, the bill could set a lasting precedent for how federal agencies handle medical care for unaccompanied minors and define the limits of taxpayer funding in sensitive cases, making compliance and oversight a permanent requirement.
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