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Original Date Announced
March 20, 2020CBP 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 MemoEffective Date
March 20, 2020Subsequent Trump-Era and Court Action(s)
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October 30, 2020
CBP COVID-19 Response: Suspension of Entries and Imports Concept of Operations
HRF obtained internal DHS documents (via FOIA request) detailing Border Patrol practices related to the March 2020 CDC order. These practices include expelling asylum seekers without adequate screening, expelling pregnant women, expelling children, and adopting a more narrow definition of "unaccompanied minor."
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January 29, 2021
2020.11.18 PJES v. Wolf.
In August 2020, ACLU, Texas Civil Rights Project, and Oxfam filed a class action suit, P.J.E.S. v. Wolf (D.D.C. 1:20-cv-02245) challenging the expulsion of unaccompanied minors under Title 42 COVID restrictions. A magistrate judge on Sept. 25, 2020 recommended the grant of a preliminary injunction and class certification. On November 18, 2020, D.D.C. granted the PI. On January 29, 2021, the D.C. Circuit granted a stay of the preliminary injunction pending appeal.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 16, 2021
2021.09.16 Huisha-Huisha v. Mayorkas, No. 21-100(EGS) (D.D.C., September 16, 2021).
To the extent that the policy identified in this entry relied on Title 42, on September 16, 2021, Judge Emmet Sullivan issued a preliminary injunction to prevent U.S. border officials from using Title 42 to expel families with young children seeking asylum.
On September 30, 2021, the U.S. Court of Appeals for the D.C. Circuit granted DHS’s request to stay the district court order that blocked the administration from removing migrant families under Title 42 and scheduled argument for January 2022.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Modified
July 16, 2021Title 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 under Title 42, and replaced the February 2021 Notice.
View DocumentBiden Administration Action: Modified
August 18, 20212021.08.18 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 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 DocumentBiden Administration Action: Modified
February 17, 2022CDC 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 for expelling unaccompanied noncitizen children under the October 13, 2020 policy in this entry. The temporary exception went into effect on January 30, 2021 and remains in effect until the CDC has completed its public health assessment under EO 14010 which requires review of the CDC Order.
View DocumentCurrent Status
Partially in effectJuly 16, 2021Acted on by Biden Administration
August 18, 2021Acted on by Biden Administration
February 17, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Border Asylum, Withholding and CATAssociated or Derivative Policies
- March 20, 2020 COVID-19: CDC order under Title 42 authorizes CBP expulsion of persons arriving by land from Mexico or Canada without valid documents
- March 20, 2020 COVID-19: US-Mexico joint initiative restricts non-essential border crossings
- March 20, 2020 COVID-19: US-Canada joint initiative restricts non-essential border crossings
- September 11, 2020 COVID-19: CDC issues final rule expanding quarantine authority to prohibit "introduction" of noncitizens (except LPR's) into the U.S.
Commentary
Under coronavirus immigration measures, U.S. is expelling border-crossers to Mexico in an average of 96 minutes
Go to article on washingtonpost.comProPublica - Leaked Border Patrol Memo Tells Agents to Send Migrants Back Immediately
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