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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 under Title 42, 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 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 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 Document

Current Status

Partially in effect
July 16, 2021
Acted on by Biden Administration
August 18, 2021
Acted on by Biden Administration
February 17, 2022
Acted on by Biden Administration

Original Trump Policy Status

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

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