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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.

    View Document
  4. 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 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).

    Go to article on cbsnews.com
  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.

    View Document
  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

    View Document
  7. Biden Administration Action: Modified

    August 6, 2021

    US flying migrants turned away by COVID protocol deep 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 for the non-citizens to attempt to cross the border once again.

    Go to article on nypost.com
  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.

    View Document
  9. 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
  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, the CBP should nonetheless attempt to "streamline" port of entry processing for all individuals, including undocumented individuals.

    Although CBP will continue to implement the Title 42 restrictions, notably, "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."

    View Document
  11. Biden Administration Action: Approved/Retained

    December 3, 2021

    [Twitter thread of Camilo Montoya-Galvez's reporting about the CDC's assessment]

    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.”

    Go to article on twitter.com
  12. Biden Administration Action: Approved/Retained

    February 2, 2022

    After review, U.S. maintains border policy of expelling migrants, citing Omicron

    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."

    Go to article on cbsnews.com
  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)."

    View Document
  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.

    View Document
  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.

    View Document

Current Status

Partially in effect
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

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 the reporter obtained.

    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 expel unaccompanied minors in contravention of the Nov. 18, 2020 P.J.E.S. court order enjoining such action.

    Go to article
  • Biden is defending key Trump immigration policies in court

    Go to article on vox.com
  • 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

Biden Administration Policy Documents

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