A three-judge appellate panel rules that the government should have time to try to release the 17-year-old so she can obtain the procedure outside of federal custody.
The Department of Justice has requested information on users who "liked" a page that helped organize protests.
The Justice Department finds "insufficient evidence to support federal criminal civil rights charges."
Such a policy change would put survivors in a vulnerable position in which they could be shamed for reporting an attack.
The timing of the statement was conspicuous, given President Trump's recently tweeted stance on transgender members of the military.
New directives limit use of a storied civil rights enforcement tool in the Justice Department and loosen Education Department rules on investigations.
It could be the president's only option if he ends up entangled by his own incriminating statements, and by evidence from others.
Tuesday marked the third time a Donald Trump policy connected to immigration has been struck down on constitutional grounds.
In a lawsuit over the emoluments clause, attorneys for the United States are representing Trump’s personal financial interests, not the broader interests of American citizens.