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Scott Lloyd

Scott Lloyd

Senior Advisor, Center for Faith and Opportunity Initiatives (Partnership Center), November 2018 – present; Former Director, Office of Refugee Resettlement, March 2017 – November 2

At the Partnership Center, Edward Scott (“Scott”) Lloyd will likely be able to set more anti-abortion policy from an office that has increasingly tilted towards catering to conservative Christians. Prior to his transfer to the Partnership Center, Lloyd ran the Office of Refugee Resettlement (ORR) and shaped it through his anti-birth control and anti-abortion views. Previously, he practiced at a law firm that practices by “remaining faithful to Church teaching” for clients like “pro-life” organizations. He also worked on policy at the Knights of Columbus, pushing an extremist anti-abortion agenda guided by his orthodox brand of Catholicism. 

HOW THEIR ROLE AFFECTS ACCESS TO REPRODUCTIVE HEALTH

When Scott Lloyd led the Office of Refugee Resettlement (ORR), the office that cares for unaccompanied migrant minors — including determining their access to health care — he infamously barred Jane Doe, a 17-year-old housed at a Texas detention center, from obtaining an abortion. As ORR director, he denied at least seven women the constitutional right to have an abortion; Lloyd said he had never approved an abortion request while serving as ORR director.

PREVIOUS EMPLOYMENT OF NOTE

Senior Policy Coordinator, Knights of Columbus, a Catholic fraternal and charitable organization, 2011 – 2017

Attorney at LegalWorks Apostolate, which provides legal representation and counsel “while remaining faithful to Church teaching,” 2009 – 2011

Legal Counsel, HHS, OS, OG, General Law Division, 2008 – 2009

Law Clerk, HHS, OS, OG, General Law Division, 2007

Law Clerk/Intern, U.S. House of Representatives Government Reform Committee, Subcommittee on Criminal Justice, Drug Policy, and Human Resources, 2006

TIES TO OTHER ANTI-CHOICE EXTREMISTS

Paula Stannard:

Stannard is senior counsel at HHS. ​Lloyd worked closely with Stannard at HHS during the Bush administration, where they worked on Bush’s “Conscience Regulations,” rules that protected providers who discriminate against patients who seek treatments like abortions.

Knights Of Columbus:

While at the Knights, a “leading anti-abortion group,” Lloyd was the “architect of late-term abortion restrictions.”

Human Life International:

Lloyd’s LegalWorks Apostolate shares an address with Human Life International (HLI), and his co-founder is HLI’s chairman. Human Life International funnels money abroad to push its extreme anti-abortion agenda, including in countries where women are imprisoned for miscarrying.

HIGHLIGHTS

Lloyd Equated Abortion With The Holocaust:

Lloyd wrote, “The Holocaust was the violent result of society assigning lesser value to a vulnerable segment of its population.  Abortion is the same exact thing. One can argue that we need to protect women, or they should be allowed to do what they want for their bodies. What prevents you from saying that German society needed protection and Germany was allowed to do what they wanted with their society? The Jews who died in the Holocaust had a chance to laugh, play, sing, dance, learn, and love each other. The victims of abortion do not, simply because people have decided this is the way it should be, not through any proper discernment of their humanity. Neither type of murder is more or less tragic, but don’t fool yourself into thinking that they are not both tragedies, and they are not both murder.” [Mother Jones, 8/22/18]

Lloyd Has Written That Women Who Have Abortions Should Be Ineligible For “Taxpayer-Bought Contraception”:

Lloyd wrote, “I suggest that the American people make a deal with women: So long as you are using the condom, pill or patch I am providing with my money, you are going to promise not to have an abortion if the contraception fails, which it often does. You will put the baby up for adoption if you don’t want him or her. We can do this by having the woman sign a pledge. If they go on to have an abortion, they become ineligible for more taxpayer-bought contraception. They would have to buy it themselves or turn to private sources of funding for the contraception. Or, they could stop having sex until they are ready to have a child.” [National Catholic Register, 8/28/09].

Lloyd Argued That Birth Control Causes Abortion:

In an essay he wrote for Ethika Politika, an online journal affiliated with the Center for Morality in Public Life, Lloyd wrote that “Contraceptives are the cause of abortion.  In fact, if we did not have contraceptives in this country, we would not have anywhere near the abortion rate we do now.  I know this is counter-intuitive, but it is only so because Planned Parenthood and other population control entities have been successful in spreading misinformation for so long.” [Ethika Politika, 4/4/11]

Lloyd Is Anti-LGBTQ:

“To confer the same status to gay and heterosexual relationships is to refuse to acknowledge the many benefits heterosexual relationships provide to society that homosexual relationships simply cannot provide.” [Ethika Politika, 10/10/11]

THE WHOLE STORY

Scott Lloyd Is Anti-Birth Control, Anti-Abortion And Disparages Female Autonomy

Lloyd Is Anti-Birth Control And Believes Contraception Causes Abortion

Lloyd Has Repeatedly Opposed Title X, A Birth Control Program For Low Income People

Lloyd Once Stated That He Would Like To End Title X Funding. [National Catholic Register, 8/28/09]

Lloyd Argued That Title X "Relies Heavily On Contraceptives” And That Increasing Funding For The Program Would Amount To A “Bailout For Abortionists.” “During the debate over the economic stimulus bill earlier this year, congressional Republicans and the American people rebuffed congressional Democrats for adding a $350 million provision for contraceptives. The provision was eventually struck from the bill, but it resurfaced in both the House and the Senate as the Prevention First Act, where the Democrats doubled up, proposing $700 million for Title X, a family-planning program that relies heavily on contraceptives… there are a few reasons to doubt that this increase in Title X funding represents anything other than a bailout for abortionists.” [National Catholic Register, 8/28/09]

Lloyd Is Opposed To Birth Control, Believes It Can Cause Abortion And Thinks Women Who Take Birth Control Should Sign A Pledge Not To Have An Abortion… 

In 2009 Lloyd Wrote That Women On Birth Control Should "Sign A Pledge" Not To Have An Abortion, And Suggested They Become Ineligible For "Taxpayer Bought Contraception" If They Violate The Pledge. Lloyd wrote, “I suggest that the American people make a deal with women: So long as you are using the condom, pill or patch I am providing with my money, you are going to promise not to have an abortion if the contraception fails, which it often does. You will put the baby up for adoption if you don't want him or her. We can do this by having the woman sign a pledge. If they go on to have an abortion, they become ineligible for more taxpayer-bought contraception.” [National Catholic Register, 8/28/09]

In 2011, Lloyd Claimed That "Contraceptives Are The Cause Of Abortion." “Contraceptives are the cause of abortion.  In fact, if we did not have contraceptives in this country, we would not have anywhere near the abortion rate we do now.  I know this is counter-intuitive, but it is only so because Planned Parenthood and other population control entities have been successful in spreading misinformation for so long.”  [Scott Lloyd, Ethika Politika, 4/4/11]

Lloyd Stated That Oral Contraceptives Can Actually “Cause Early Abortions.” Lloyd also claimed that "chemicals and devices billed as contraceptives actually cause early abortions, including oral contraceptives in some instances." [Scott Lloyd, Ethika Politika, 4/4/11]

Lloyd Claimed That Many Mainstream Birth Control Methods “Fall Into The Category Of Interventions" That Work By "Killing Nascent Human Life.” “It includes in 'abortion' certain interventions that rich and politically influential companies can sell easier if consumers think of them as 'contraception.'  The intrauterine device (IUD), Plan B, Ella, and the conventional contraceptive pill all fall into the category of interventions that work either partly or exclusively by killing nascent human life, but that many call or consider to be a “'contraceptive.'” [Scott Lloyd, Ethika Politika, 8/22/11]

In 2015, Lloyd Stated That "Many Of The Interventions That Doctors Consider 'Contraception' Are Reliant On What The Many Women Using Them Would Classify As Abortion.” In August 2015, Lloyd stated that "many of the interventions that doctors consider 'contraception' are reliant on what the many women using them would classify as abortion.” [Scott Lloyd, The Federalist, 8/18/15]

Lloyd Argued That Contraception Leads To A Desire For Abortion. “More broadly than this, however, is the reality that the contraceptives we have come to rely on come with inherent failure rates, and these contraceptive failures form the core of the demand for abortion. It is not as though women entertain dreams of having a few abortions along the way in life. Instead, it is the case that contraception enables sexual encounters and relationships that would not have happened without it. In other words, when couples use contraception, they agree to sex when pregnancy would be a problem. This leads to a desire for abortion.” [Scott Lloyd, The Federalist, 8/18/15]

…Throughout His Career, Lloyd Has Continually Worked To Reduce Access To Abortion And Suggested That The Procedure Was Worse Than The Holocaust

In A 2004 Essay, Lloyd Reportedly Wrote That “The Jews Who Died In The Holocaust Had A Chance To Laugh, Play, Sing, Dance, Learn, And Love Each Other. The Victims Of Abortion Do Not.” “The Holocaust was the violent result of society assigning lesser value to a vulnerable segment of its population.  Abortion is the same exact thing. One can argue that we need to protect women, or they should be allowed to do what they want for their bodies. What prevents you from saying that German society needed protection and Germany was allowed to do what they wanted with their society? The Jews who died in the Holocaust had a chance to laugh, play, sing, dance, learn, and love each other. The victims of abortion do not, simply because people have decided this is the way it should be, not through any proper discernment of their humanity. Neither type of murder is more or less tragic, but don’t fool yourself into thinking that they are not both tragedies, and they are not both murder.” [Mother Jones, 8/22/18]

From 2011 To 2017, Lloyd Worked As A Senior Policy Coordinator At The Knights Of Columbus, Where He Was The "Architect Of Late-Term Abortion Restrictions.” From 2011 to 2017, Lloyd worked as a Senior Policy Coordinator at the Knights of Columbus Public Policy Office, where he says he was the "architect of late-term abortion restriction that is law in six states and is a bill in U.S. House and Senate." Lloyd also stated that he took three trips to Iraq for "humanitarian work and research for Christians suffering persecution by ISIS" and led a team that compiled a 300-page legal brief "which led to U.S. State Department and Congressional declaration of genocide against religious minorities in Iraq and Syria." As of 2017, Lloyd earned a yearly salary of $248,628 from the Knights of Columbus. [Edward Scott Lloyd, Resume, accessed via American Oversight; Public Financial Disclosure Report, OGE Form 278e, 9/27/17]

While Serving As ORR Director During The Height Of The Family Separation Crisis, Lloyd Decided To Spend His Time As Director Writing An Anti-Abortion Book

ORR Director Lloyd Has Been Writing A Book About His Anti-Abortion Beliefs, Reportedly Prompting HHS Lawyers To Get Involved. “The Trump administration’s controversial refugee office director is writing a book about his anti-abortion beliefs, two individuals with knowledge confirmed to POLITICO.  Scott Lloyd, who’s been under fire for his stewardship of separated migrant children in federal custody, has been working on the book while employed at HHS, the individuals say. Government employees typically are discouraged from writing books about subjects that overlap with their official responsibilities, and HHS lawyers have been involved in the matter.” [Politico, 11/13/18]

Lloyd’s Book Would Reportedly Discuss The Need For Anti-Abortion Policies, Drawing On His Own Spiritual “Awakening.” “Lloyd’s book would detail the need for anti-abortion policies, drawing on his own spiritual ‘awakening,’ said one person familiar with the project. While in law school, Lloyd wrote about his anguished decision to help pay for a partner to get an abortion and how that shaped his beliefs, Mother Jones reported this summer.” [Politico, 11/13/18]

Lloyd Promoted The Debunked Concept Of Post-Abortion Trauma… 

In March 2017, Lloyd Visited A San Antonio Shelter Where He Met With A Pregnant Unaccompanied Minor And Asked To Have Her Clinician "Keep A Close Eye On Her," Claiming That “Girls Start To Regret Abortion." In March 2017, Lloyd visited San Antonio, where he met with a pregnant unaccompanied minor. In his email to field staff in San Antonio, Lloyd claimed that the minor had complained about the food at BCFS as well as the mattress. Lloyd also asked to have her clinician "keep a close eye on her" as "often these girls start to regret abortion, and if this comes up, we need to connect her with resources for psychological and or religious counseling," an assertion contrary to the findings of major medical groups such as the American Medical Association, the American College of Obstetricians and Gynecologists, and the American Psychiatric Association. [Exhibit D, Garza V. Hargan, filed 10/14/17; NPR, 3/16/18]

Lloyd Stated That If The Unaccompanied Minor Started To “Regret Abortion,” Then The Department Would Need To “Connect Her With Resources For Psychological And Or Religious Counseling.” [Exhibit D, Garza V. Hargan, filed 10/14/17; NPR, 3/16/18]

…However, The Theory That Abortion Causes Depression Or Trauma Have Been Widely Discredited

According to a 2010 Study Published in Social Science and Medicine, Researchers “Found Little Support for the Abortion-As-Trauma Framework.” “Because of the potential for confounding, published research claiming to find relations between abortion and poor mental health indicators should be subjected to scrutiny and reanalysis. Using the same data and conducting the same analyses as CCSR (2009), we found that their results were not replicable, nor did our numbers approach theirs in the case of 15 mental health disorders. Moreover, we found little support for the abortion-as-trauma framework. Instead, our findings suggest that structural, psychological, and sociodemographic risk factors associated with both having an abortion and having poor mental health drive a relationship between abortion and mental health. Therefore, policy, practice, and research should focus on addressing the correlates of having mental health problems, such as violence and prior mental health problems.” [Social Science and Medicine, Vol.72, No. 1, pp. 72-82, 10/23/10]

A 2018 American Medical Association Study Showed “No Evidence” That “Abortion Causes Depression. A 2018 study in the Journal of the American Medical Association showed “no evidence” that “abortion causes depression.” Researchers conducting the study further wrote that “Some anti-abortion-rights groups claim that psychiatrists have a diagnosis called ‘post-abortion syndrome’ or ‘post-abortion stress syndrome’, although no such diagnosis exists in medical texts.” [NBC News, 5/30/18]

Lloyd Doesn’t Believe In Female Autonomy And Argued For More Rights For Men

Lloyd Has Repeatedly Made Anti-Woman Statements And Policy Suggestions

In 2011, Lloyd Suggested That State Legislators Write A Law That Saying That Women “Must Notify And Gain The Consent Of Their Male Sexual Partners Before Obtaining An Abortion. In June 2011, Lloyd suggested that state legislators should "write a law that says essentially that women must notify the men of their decision to abort, and gain their consent, except in situations where their reasons for aborting relate to the physical realities of pregnancy." [Scott Lloyd, Ethika Politika, 6/2/11]

Lloyd Claimed That When The Supreme Court Recognized The “'Right' To Abortion On Demand,” It “Simultaneously Stripped The Fathers…Of Their Right To Be Parents.” On June 10, 2011 Lloyd wrote that "the Supreme Court, when it claimed to recognize for women the 'right' to abortion on demand, simultaneously stripped the fathers of these children of their right to be parents, and other associated rights." [Scott Lloyd, LegalWorks Apostolate, 6/10/11]

Lloyd Reportedly Wrote That Women Should Not Be Having Sex If They Are Not Ready To Get Pregnant. “Lloyd argued that women who aren’t willing or able to give birth should abstain from sex: “If a woman needs to defend so fiercely the ‘one thing they can call their own—their body,’ then they shouldn’t be so careless with it as to have sex when they are not ready to be pregnant.” And he attacked Roe v. Wade, the 1973 decision legalizing abortion in America, homing in on its discussion of the potential negative consequences to unwanted pregnancies.” [Mother Jones, 8/22/18]

Lloyd Would Not Allow Women In His Care To Make Their Own Healthcare Decisions

Lloyd Tries To Control The Reproductive Health Of Young Women In His Care

Lloyd Receives A Weekly Spreadsheet On All Pregnant Teens In ORR Care…

Lloyd Receives A Weekly Spreadsheet With "Detailed Information" On All Pregnant Teens In ORR Care. On May 21, 2017 Lloyd began receiving an updated spreadsheet on the pregnant unaccompanied minors in the care of ORR, which he requested according to the email. [Document 56-4, Garza V. Hargan, filed 11/27/17; New Yorker, 3/9/18]

He Even Denied A Rape Victim’s Request For An Abortion And Argued That He Could Determine What Is In Her Best Interest Despite Her Stated Choice…  

Lloyd Has "Denied Abortion Requests Even In The Context Where The Pregnancy Is As A Result Of Rape.” Lloyd admitted that he has "denied abortion requests even in the context where the pregnancy is as a result of rape." [Deposition of Scott Lloyd, Garza V. Hargan, Washington D.C., 12/8/17]

  • In 2017, Lloyd Stated That He Refused An Undocumented Teen And Rape Victims' Request For Abortion, Arguing That You Cannot “Cure Violence With Further Violence.” “'I am mindful that abortion is offered by some as a solution to a rape,' Lloyd wrote. But, he added, 'implicit here are the dubious notions that it is possible to cure violence with further violence, and that the destruction of an unborn child’s life can in some instances be acceptable as a means to an end.'” [Associated Press, 12/21/17]

Lloyd Said That Regardless Of An Unaccompanied Minor’s Position, He Could Make A Determination That An Abortion Is “Not In Her Best Interest.” Lloyd answered “yes” when asked “If a minor is firm in her decision that she wants to have an abortion, do you believe you can override that decision and determine that the abortion is not in her best interest using your totality of circumstances test.” [Deposition of Scott Lloyd, Garza V. Hargan, Washington D.C., 12/8/17]

…He Also Discussed A Potential Controversial “Abortion Reversal” For A Pregnant Teen Who Had Been Raped

Lloyd And Other ORR Officials Also Discussed "Abortion Reversal" For An Undocumented Pregnant Teen Who Had Been Raped And Already Secured A Judicial Bypass. “Scott Lloyd, a longtime crusader against abortion who heads the agency that oversees undocumented minors who enter the country without their parents, spoke with staffers about trying to reverse the abortion of a pregnant teen in their custody, according to a deposition he underwent as part of a lawsuit between the Trump administration and the American Civil Liberties Union… On March 3, 2017, the teen, a 17-year-old from El Salvador, took a pill to start her medication abortion, according to the March 6 memo. The teen, presumably in federal custody after entering the country without authorization, told immigration officials her pregnancy was the result of rape. She’d also already secured the permission of a Texas judge to carry out the abortion.” [Vice News, 1/31/18]

  • Abortion Reversal Is A Controversial Treatment That Anti-Choice Advocates Have Used To Attempt To Halt Medication Abortions. “Abortion 'reversal' is a controversial treatment that anti-choice doctors and advocates maintain can stop a pill-induced, or medication abortion. But the American Congress of Obstetricians and Gynecologists, among others, has called the technique 'unproven and unethical.'” [Rewire, 2/16/18]

Lloyd Urged Federally Funded Shelters To Bring Pregnant Minors Who Wanted Abortion To Anti-Abortion Crisis Pregnancy Centers To Receive “Spiritual Counseling”

Lloyd Advised A Federally Funded Shelter To Make Sure That An Unaccompanied Minor Seeking An Abortion Was “Aware Of The Option Of Having Spiritual Counseling,” To Make Sure She Received Her Ultrasound At The Crisis Pregnancy Center. On March 24, 2017, Lloyd wrote an email in which he gave "ad hoc" guidance regarding an unaccompanied minor at Southwest Key Las Palmas who was requesting a pregnancy termination. In his email, Lloyd instructed the shelter to "make sure that she is aware of the option of having spiritual counseling that is sensitive to her religious preference," and "if she has not had her ultrasound yet," to make sure she has one at the CPC of Greater Phoenix or receive a session of "options counseling" from the CPC of Greater Phoenix. In the same email, Lloyd also stated that the minor would need parental consent "which will necessitate options counseling with them," if she still wanted to obtain an abortion. Lloyd also claimed that the department would work on "formalizing these procedures." [Exhibit G, Garza V. Hargan, filed 10/14/17]

In March 2017 Lloyd Wrote An Email To Federally Funded Shelters, Stating That They “Should Not Be Supporting Abortion Services Pre Or Post-Release; Only Pregnancy Services And Life-Affirming Options Counseling." On March 30, 2017, when discussing the unaccompanied minor's previous request for abortion services, Lloyd wrote in an email that "grantees should not be supporting abortion services pre or post-release; only pregnancy services and life-affirming options counseling." [Exhibit C, Garza V. Hargan, filed 10/14/17]

Lloyd’s Attempts To Block Teens From Obtaining Abortion Care Were Rebuked By A U.S. District Court Judge

In March 2018, A District Court Ruled That ORR Was Violating The Unaccompanied Teens Constitutional Rights To Obtain An Abortion. “A federal judge on Friday evening temporarily blocked Trump administration officials from stopping pregnant, unaccompanied immigrant teens who are or will be in federal custody from getting an abortion. Judge Tanya Chutkan of the U.S. District Court for the District of Columbia said the Office of Refugee Resettlement (ORR) is violating the teens' constitutional rights to obtain the procedure. According to the judge, the administration cannot strip unaccompanied immigrant minor children "of their right to make their own reproductive choices,” Chutkan wrote in the decision. Chutkan's preliminary injunction stops Health and Human Services Deputy Secretary Eric Hargan, Acting Assistant Secretary of the Administration for Children and Families Steve Wagner, Office of Refugee Resettlement Director Scott Lloyd and their associates from interfering or obstructing access to abortion, counseling, medical appointments or other pregnancy-related care.” [The Hill, 3/30/18]

Lloyd Grossly Mismanaged The Office Of Refugee Resettlement — But Rather Than Being Fired, He Was Reassigned To A Different Office In HHS

Lloyd Was Removed As ORR Director And Reassigned To Work For The Center for Faith and Opportunity Initiatives…  

Lloyd Will Move To The HHS’s Center for Faith and Opportunity Initiatives, While Hayes Will Step Up From His Current Role As ORR Chief Of Staff. “Scott Lloyd, the anti-abortion crusader who headed the Office of Refugee Resettlement during the Trump administration’s monthlong experiment with family separations at the border, will no longer serve in that role. Instead, he will work at Department of Health and Human Services’ Center for Faith and Opportunity Initiatives…ORR’s current chief of staff Jonathan Hayes will serve as interim director.” [Huffington Post, 11/19/18]

…Where He Will Work With Shannon Royce — HHS’ Key Liaison To Religious Organizations, Who Has Also Used Her Position To Promote Anti-Abortion Ideology

In Early 2018, The Center Director Decided To Selectively Post Public Comments That Were Overwhelmingly Anti-Abortion. “But inside HHS, staff say that those leaders are steering their offices to support evangelicals at the expense of other voices, such as a recent decision to selectively post public comments that were overwhelmingly anti-abortion. ‘It’s supposed to be the faith-based partnership center, not the Christian-based partnership center,’ said a longtime HHS staffer, referencing the HHS Center for Faith-Based and Neighborhood Partnerships led by Royce. “ [Politico, 1/22/18]

Under Royce’s Leadership, The Center Has Become More Focused On So-Called “Religious Liberty” For Christians Than On Building Partnerships

During The Trump Administration, The Center Has Claimed That Its Role Is To “Champion ‘Religious Liberty’ In All HHS Programs And Initiatives.” “Additionally, the Center has been challenged to seek out and remove barriers to full and active engagement by the faith-based community and to champion religious liberty in all HHS programs and initiatives. The priorities of the Partnership Center are consistent with the freedoms assured in the First Amendment of the U.S. Constitution, and ensuring the free exercise of religion of individuals and faith-based organizations.” [About HHS Center for Faith and Opportunity Initiatives, accessed 12/3/18]  

…Which Is A Departure From The Center’s Pre-Trump Initiative Of Building “Partnerships Between Government And Community And Faith-Based Organizations, Which Help HHS Serve Individuals, Families And Communities In Need.” “We work to build partnerships between government and community and faith-based organizations, which help HHS serve individuals, families and communities in need. The Partnership Center works in collaboration with HHS agencies, and our goal is to extend the reach and impact of HHS programs into communities.” [Archived, About Faith-based and Neighborhood Partnerships, accessed 12/3/18]

Former ORR Director Lloyd Waived An ORR-Contracted Facility’s Requirement to Perform A “Child Abuse And Neglect” Check On Its Staff…

The “Child Abuse And Neglect” Check Is A Child Protective Services Check Performed By The State, But May Be Waived By The ORR Director For “Good Cause”… 

The “Child Abuse And Neglect” Check Is A Child Protective Services Check Performed By The State To Determine If An Individual Has A Record Of “Substantiated Maltreatment Of A Child.” “These background checks must include, at a minimum, two separate types of checks: (1) an FBI fingerprint check of national and State criminal history repositories and (2) a child protective services check performed by the State, also known as the child abuse and neglect check (CA/N). Both checks must be updated at a minimum of every 5 years…The CA/N check determines whether an individual has a record of substantiated maltreatment of a child. ORR requires care provider facilities to complete the check with the staff’s State(s) of U.S. residence during the last 5 years. CA/N checks are performed by State authorities. Currently, there is no Federal or national repository to facilitate conducting these types of checks.” [HHS OIG Report, 11/27/18]

Although ORR-Funded Facilities Are Required To Conduct CA/N Checks On Their Staff, The ORR Director Has The Authority To Waive Or Modify The Requirement For “Good Cause.” "...Although ORR policy requires that ORR-funded facilities conduct CA/N checks on their staff, ORR has the authority to waive or modify this requirement. Specifically, ORR regulations provide that the ORR Director may, using unreviewable discretion, waive or modify specific sections of the regulation for an emergency care provider facility for ‘good cause.’” [HHS OIG Report, 11/27/18]

…And In June 2018, Lloyd Granted The Influx Facility A Waiver To Not Comply With The Check

…In June 2018, Former ORR Director Lloyd Granted Tornillo A Waiver To Allow The Tornillo Facility Not To Comply With The “Child Abuse And Neglect” Check. “We found that Tornillo was not conducting the required CA/N check. During our communications with ORR staff, we learned that ORR had granted Tornillo a waiver from conducting the CA/N check. The ORR Director had granted Tornillo a waiver of the CA/N checks in a memorandum dated June 12, 2018, two days before Tornillo began its operations. ORR’s rationale for the waiver was based on two concerns: the urgent time constraints that the facility was under in order to be operational in a short time and that the State may be unwilling or unable to perform CA/N checks for a facility that was under Federal jurisdiction.” [HHS OIG Report, 11/27/18]

  • Lloyd’s June Memo Was “Justified” On The Basis That “Staff At Tornillo Had Undergone FBI Fingerprint Background Checks,” Which Was Not The Case. “The memorandum further justified waiver of the CA/N checks on the basis of ORR’s assumption that staff at Tornillo had undergone FBI fingerprint background checks. However, as OIG has learned, that was not the case” [HHS OIG Report, 11/27/18]

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