Skip to main content

COVID-19: CBP issues memo on turning away migrants at borders, including unaccompanied minors and asylum seekers

  1. Original Date Announced

    March 20, 2020

    CBP issues memo implementing CDC March 20, 2020, Notice of Order under the Public Health Service Act, instructing Border Patrol agents to expel or repatriate all noncitizens arriving without documents from Mexico or Canada, in particular affecting asylum seekers and unaccompanied minors; memo provides for minimal CAT screening.

    [ID #840]

    See Biden administration action below.

    CBP COVID-19 CAPIO Implementation Memo
  2. Effective Date

    March 20, 2020
  3.  
  4. Biden Administration Action: Modified

    July 16, 2021

    Title 42 Order Reassessment and Exception for Unaccompanied Noncitizen Children

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On July 16, 2021, the CDC issued an Order confirming the exception for unaccompanied noncitizen children from the October 13, 2020 policy in this entry. The Order was issued pursuant to EO 14010, which directed review of the October 2020 CDC Order and replaced the February 2021 Notice.

    View Document
  5. Biden Administration Action: Modified

    August 18, 2021

    2021.08.18 Miller Memo: Pregnancy and Childbirth

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On August 18, 2021, Acting CBP Commissioner Troy Miller issued a memo stating that CBP officers/agents now have discretion to determine whether, given the totality of the circumstances, women who have already given birth in CBP custody should be included in the preexisting exceptions to this policy for purposes of medical attention.

    The memo also requires CBP officers to offer a medical screening to any female who answers “yes” to question 5 in the "Alien Health Background" section of CBP Form 2500 (indicating that she is pregnant).

    See also CBP's Nov. 29, 2021 "Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody," https://www.cbp.gov/document/directives/policy-statement-and-required-actions-regarding-pregnant-postpartum-nursing.

    View Document
  6. Biden Administration Action: Modified

    February 17, 2022

    CDC Notice of Temporary Exception From Expulsion of Unaccompanied Noncitizen Children Pending Forthcoming Public Health Determination

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On February 17, 2021, the CDC issued a Notice announcing the temporary exception from expulsion of unaccompanied noncitizen children under the October 13, 2020 policy in this entry. The temporary exception went into effect on January 30, 2021, until the CDC completed its public-health assessment under EO 14010, which requires review of the CDC Order.

    View Document
  7. Biden Administration Action: Revoked/Replaced

    April 1, 2022

    2022.04,01 Public Health Determiantion and Order Regarding the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists

    On April 1, 2022, the Centers for Disease Control and Prevention (CDC) issued an order under the Public Health Service Act rescinding the Trump administration's use of Title 42 at the border. The rescission took effect on May 23, 2022.

    View Document

Current Status

Not in effect

Most Recent Action

April 1, 2022 Action: Revoked/Replaced 2022.04,01 Public Health Determiantion and Order Regarding the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists
July 16, 2021
Acted on by Biden Administration
August 18, 2021
Acted on by Biden Administration
February 17, 2022
Acted on by Biden Administration
April 1, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: CBP CDC

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.