[20171127]LSB10032_联邦政府的全体移民权与宪法规定的堕胎权相冲突（上）.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Federal Governments Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part I) Updated November 27, 2017 This Sidebar is the first in a two-part series discussing Garza v. Hargan, a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The second Sidebar is available here. In Garza v. Hargan, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), sitting en banc, upheld a federal district courts order requiring the Department of Health and Human Services (HHS) to allow a detained 17-year-old unaccompanied alien minor to have an abortion. The alien minor (Jane Doe), who had been apprehended by immigration authorities when attempting to enter the United States, sued the federal government on the grounds that HHSs decision to deny her access to an abortion while she remained in agency custody interfered with her right to terminate her pregnancy. Jane Doe obtained an abortion following the D.C. Circuits en banc decision. The Garza decision, however, may have broader