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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.

    [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

    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 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 requiring review of the CDC Order.

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  4. Biden Administration Action: Modified

    May 18, 2021

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

    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 program's administration. ACLU, representing the plaintiff, indicated that DHS has agreed to exempt up to 250 asylum-seekers a day from Title 42 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).

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  5. 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.

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  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, indefinitely 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. This policy will continue to turn away asylum-seekers.

    Federal register link available here: Federal Register - Public Health Reassessment and Order

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  7. Biden Administration Action: Approved/Retained

    August 6, 2021

    US flying migrants turned away by COVID protocol into Mexico

    On August 5, 2021, the Biden administration began flying noncitizens 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 noncitizens it expels deep into Mexico in order to make it more difficult to attempt to cross the border again.

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  8. 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.

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  9. Biden Administration Action: Approved/Retained

    September 19, 2021

    Biden admin outlines response to surge of Haitian migrants at border - ABC News

    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.

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  10. Biden Administration Action: Modified

    November 1, 2021

    2021.11.1 Guidance for Management and Processing of Undocumented Noncitizens at Southwest Border Land Ports of Entry

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

    On November 1, 2021, Acting CBP Commissioner Troy Miller issued a memo that, although the CDC's August 2, 2021, order will remain in effect, CBP should no longer use its prior "metering" policy. In order to "streamline" port of entry processing for all individuals, CBP will both continue to implement the Title 42 restrictions and endeavor to expand capacity at ports of entry. The memo recognizes that "asylum seekers or others seeking humanitarian protection cannot be required to submit advance information in order to be processed at a Southwest Border land POE. The submission (or lack thereof) of advance information should not influence the outcome of any inspection." All admissibility and processing decisions will continue to be determined case by case.

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  11. Biden Administration Action: Approved/Retained

    December 3, 2021

    After a new review, the Biden administration decided to continue the Trump-era Title 42 border policy, which allows the U.S. to swiftly expel migrants, a CDC spokesperson tells CBS News. “CDC conducted the 60-

    Reported: Camilo Montoya-Galvez reports on December 3, 2021, that a CDC spokesperson reported that: “CDC conducted the 60-day assessment at the end of November and the Order stands.”

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  12. Biden Administration Action: Approved/Retained

    February 2, 2022

    U.S. maintains border policy of expelling migrants, citing Omicron - CBS News

    Reported: CBS reports that on February 2, 2022, the CDC completed another 60-day review of the Title 42 restrictions and decided to retain them. An agency spokesperson said: "The current reassessment examined the present impact of the pandemic throughout the United States and at the U.S. borders, taking special note of the surge in cases and hospitalizations since December due to the highly transmissible Omicron variant. [The CDC] continues to emphasize the need for testing, vaccination, and other mitigation measures at border facilities beyond the use of the Order."

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  13. Biden Administration Action: Modified

    March 17, 2022

    2022.03.17 Public Health Reassessment and Immediate Termination of Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists With Respect to Unaccompanied Noncitizen Children

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

    On March 17, 2022, the CDC terminated "the Order Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists," issued on August 2, 2021 (August Order), and all related prior orders issued pursuant to the authorities in sections 362 and 365 of the Public Health Service (PHS) Act and the implementing regulation, to the extent they apply to Unaccompanied Noncitizen Children (UC)."

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  14. Biden Administration Action: Modified

    March 29, 2022

    2022.03.29 Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

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

    On March 29, 2022, DHS and DOJ issued a joint IFR on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22. The IFR states that DHS and DOJ are soliciting further public comment; they will be considered and addressed in a final rule. Comments on proposed revisions to the Form I-765 instructions are also invited.

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  15. Biden Administration Action: Revoked/Replaced

    April 1, 2022

    Public Health Determination and Order Regarding 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 April 1, 2022, the CDC announced the termination of the Title 42 order in its entirety. The termination will take effect on May 23, 2022. The announcement states that the Title 42 order is no longer needed based on the public health landscape.

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  16. Biden Administration Action: Modified

    January 5, 2023

    FACT SHEET: Biden-⁠Harris Administration Announces New Border Enforcement Actions

    Biden administration extends use of Title 42 to more migrants from Venezuela, Nicaragua, Cuba, and Haiti.

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  17. Biden Administration Action: Other

    April 4, 2023

    OIG’s COVID-19 Public Health Emergency Flexibilities End on May 11, 2023 Upon Expiration of the COVID-19 Public Health Emergency Declaration

    Based on current COVID-19 trends, the public health emergency will expire at the end of the day on May 11, 2023.

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Current Status

Not in effect

Most Recent Action

April 4, 2023 Action: Other OIG’s COVID-19 Public Health Emergency Flexibilities End on May 11, 2023 Upon Expiration of the COVID-19 Public Health Emergency Declaration
February 17, 2021
Acted on by Biden Administration
May 18, 2021
Acted on by Biden Administration
July 16, 2021
Acted on by Biden Administration
August 2, 2021
Acted on by Biden Administration
August 6, 2021
Acted on by Biden Administration
August 18, 2021
Acted on by Biden Administration
September 19, 2021
Acted on by Biden Administration
November 1, 2021
Acted on by Biden Administration
December 3, 2021
Acted on by Biden Administration
February 2, 2022
Acted on by Biden Administration
March 17, 2022
Acted on by Biden Administration
March 29, 2022
Acted on by Biden Administration
April 1, 2022
Acted on by Biden Administration
January 5, 2023
Acted on by Biden Administration
April 4, 2023
Acted on by Biden Administration

Original Trump Policy Status

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

Commentary

  • What is Title 42, the COVID border policy used to expel migrants?

    Extended use of Title 42 for another month in April 2020.

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

    The Associated Press reports that in March 2020, Vice President Pence directed the Centers for Disease Control and Prevention (CDC) "to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus, according to two former health officials."

    According to this news report, Stephen Miller spearheaded the White House's early efforts to issue the CDC's expulsion order. After these efforts were rebuffed by CDC and HHS, VP Pence and Acting Secretary Wolf intervened in mid-March, demanding that CDC Director Robert Redfield issue the order.

    Go to article
  • Biden is defending Trump’s Title 42 policy, family separations in court - Vox

    Go to article

Documents

Trump-Era Policy Documents
Biden Administration Policy Documents

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