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COVID-19: CDC order under Title 42 authorizes CBP expulsion of persons arriving by land from Mexico or Canada without valid documents

  1. Original Date Announced

    March 20, 2020

    CDC issues a Notice of Order under the Public Health Service Act suspending for 30 days the introduction of persons from countries where a communicable disease exists, subject to certain exceptions, and authorizing immediate expulsion by Border Patrol. Order is applicable to persons traveling by land from Mexico or Canada (regardless of nationality), and applies to "covered aliens" who are those entering without valid travel documents, contrary to law, or seeking to enter unlawfully. Impact falls on asylum-seekers and unaccompanied minors.

    [ID #839]

    Centers for Disease Control and Prevention Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists
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  3. Biden Administration Action: Modified

    October 16, 2020

    Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists

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

    On October 16, 2020, the CDC issued notice of a new order replacing the Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists issued on March 20, 2020, extended on April 20, 2020, and amended May 19, 2020. While the October order is substantially similar to original March order, it defines COVID-19 as a "quarantinable communicable disease," a designation not made in prior orders. The new order went into effect on October 13, 2020.

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  4. Biden Administration Action: Modified

    February 17, 2021

    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 the expulsion of unaccompanied noncitizen children under the October 13, 2020 policy in this entry. The temporary exception went into effect on January 30, 2021 and will remain in effect until the CDC has completed its public health assessment under EO 14010 requiring review of the CDC Order.

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  5. Biden Administration Action: Modified

    May 18, 2021

    CBS News: U.S. commits to admitting 250 asylum-seekers per day in concession to advocates

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

    Amid litigation over the legality of the Title 42 expulsion program, DHS is planning certain changes to the administration of the program. ACLU, representing the plaintiff, indicated that DHS has agreed to exempt up to 250 asylum-seekers a day from expulsion and to streamline a system to identify and exempt particularly vulnerable individuals from the restrictions. The case is Huisha-Huisha v. Gaynor, 1:21-cv-00100 (D.D.C., Jan 12, 2021).

    Go to article on cbsnews.com
  6. Biden Administration Action: Approved/Retained

    August 2, 2021

    2021.08.02 Public health reassessment and order suspending the right to introduce certain persons from countries where a quarantinable communicable disease exists

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

    On August 2, 2021, the CDC issued an order pursuant to Sections 362 and 365 of the Public Health Service Act, continuing the Trump-era policy temporarily suspending entry by non-citizens at the Mexican and Canadian borders due the the public health threat of the COVID-19 pandemic. Unaccompanied minors, whom the Biden administration exempted from this program in July, are unaffected.

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  7. Biden Administration Action: Approved/Retained

    August 5, 2021

    2021.08.05 Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists

    This Biden administration policy affirms and continues the Trump-era policy identified in this entry.

    On August 5, 2021, CDC issued a notice of a policy that took effect on August 2, 2021, to continue refusing entry to individuals under Title 42. This policy will continue to turn away asylum-seekers.

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  8. Biden Administration Action: Approved/Retained

    August 5, 2021

    US flying migrants turned away by COVID protocol deep into Mexico

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

    On August 5, 2021, the Biden administration began flying non-citizens it had expelled pursuant to Title 42 to southern Mexican cities. According to sources in the Biden administration not authorized to speak on the matter, the Biden administration will continue a policy of flying non-citizens it expels deep into Mexico in order to make it more difficult for the non-citizens to attempt to cross the border once again.

    Go to article on nypost.com
  9. 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 the preexisting exceptions to this policy in order to provide 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 the CBP Form 2500 (indicating that she is pregnant)."

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  10. Biden Administration Action: Approved/Retained

    September 19, 2021

    Biden admin outlines response to surge of Haitian migrants at border

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

    On September 19, 2021, Border Patrol Chief Raul Ortiz held a press conference in which he outlined steps the Biden administration would take in response to a surge of migrants along the southern border. Ortiz stated the administration would increase removal flights of Haitians at the border, hoping to have all migrants processed within a week, thus continuing enforcement of Title 42.

    Go to article on msn.com

Current Status

Partially in effect
October 16, 2020
Acted on by Biden Administration
February 17, 2021
Acted on by Biden Administration
May 18, 2021
Acted on by Biden Administration
August 2, 2021
Acted on by Biden Administration
August 5, 2021
Acted on by Biden Administration
August 5, 2021
Acted on by Biden Administration
August 18, 2021
Acted on by Biden Administration
September 19, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: CBP DHS CDC

Commentary

  • Under Trump border rules, U.S. has granted refuge to just two people since late March during coronavirus outbreak, records show

    Go to article
  • 03.10.20 Pence ordered borders closed after CDC experts refused

    Discusses Vice President Pence's role in CDC's order.

    Go to article
  • Buzzfeed News: Border Officials Turned Away Unaccompanied Immigrant Children More Than 13,000 Times Under Trump’s Pandemic Policy

    On October 28, 2020, Buzzfeed News reported that DHS has expelled unaccompanied immigrant children from the U.S. border more than 13,000 times since March, according to an internal document obtained by BuzzFeed News.

    Go to article on buzzfeednews.com
  • 2020.12.23 U.S. border officials expelled dozens of migrant children in violation of court order

    CNN reports: CBP continues to expell unaccompanied minors in contravention to the Nov. 18th P.J.E.S. court order enjoining such action.

    Go to article
  • Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions

    CBP publishes monthly data on the number of expulsions and apprehensions at U.S. land borders


    Go to article on cbp.gov

Documents

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