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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBiden administration says it will not expel migrant children following court order
The Biden administration announced late Friday it is ending a Trump-era border deportation policy as it pertains to unaccompanied migrant children in response to a court ruling that could've forced officials to expel those minors without an asylum screening.
The Centers of Disease Control and Prevention (CDC), which first authorized the migrant expulsions in March 2020, terminated the government's ability to expel children who enter U.S. border custody without their parents. U.S. border officials can still use Title 42 to expel single adult migrants and families traveling with children to Mexico or their home countries.
Despite criticism from Democratic allies and advocates, the Biden administration has defended Title 42 as a key tool to stop the spread of the coronavirus inside border facilities, but it exempted unaccompanied minors from the policy early last year.
Last week, U.S. District Court Judge Mark Pittman said the administration could no longer exempt unaccompanied children from Title 42, arguing that Texas, which challenged the exemption, was financially harmed by the placement of migrant children in the state due to medical and schooling costs.
https://www.cbsnews.com/news/biden-administration-says-it-will-not-expel-migrant-children-following-court-order/
XiJung
(81 posts)XiJung
(81 posts)Are they going to defy the court's order? Or am I missing something?
BumRushDaShow
(128,717 posts)The court order was based on the 2020 (pre-Biden) CDC policy that had been retained into the new administration, which has now been changed due to the court order -
In a notice Friday, CDC officials said they recognized the "unique vulnerabilities" of unaccompanied minors.
"In the current termination, CDC addresses the court's concerns and has determined, after considering current public health conditions and recent developments, that expulsion of unaccompanied noncitizen children is not warranted to protect the public health," the agency said.
In a separate 21-page order justifying the decision to end Title 42 for unaccompanied children, CDC Director Rochelle Walensky cited the recent nationwide decrease in COVID-19 cases, as well as increased vaccination rates in the U.S. and in the home countries of migrants who journey to the southern border.
(snip)
https://www.cbsnews.com/news/biden-administration-says-it-will-not-expel-migrant-children-following-court-order/
Here is CDC's revision announced in a media advisory- https://www.cdc.gov/media/releases/2022/s0311-title-42-termination.html
Media Statement
Contact: Media Relations
(404) 639-3286
Today, following a public health reassessment, the CDC Director is terminating with respect to unaccompanied noncitizen children an Order under Title 42 suspending the right to introduce certain persons into the United States. In effect, this means that unaccompanied noncitizen children will not be expelled from the United States under CDCs order.
CDC initially temporarily excepted unaccompanied noncitizen children from expulsion in January 2021, and later formally excepted such children from subsequent orders. On March 4, 2022, the District Court for the Northern District of Texas issued a preliminary injunction enjoining and restraining CDC from enforcing its orders to the extent that they except unaccompanied noncitizen children from the Title 42 procedures based solely on their status as unaccompanied children. The court found that CDC had not adequately explained its decision to treat unaccompanied noncitizen children differently than other noncitizens subject to the CDC orders. The court stayed its preliminary injunction for seven days.
In the current termination, CDC addresses the courts concerns and has determined, after considering current public health conditions and recent developments, that expulsion of unaccompanied noncitizen children is not warranted to protect the public health. Because it is not warranted, and in recognition of the unique vulnerabilities of unaccompanied noncitizen children, CDC is immediately terminating the CDC Orders to the extent they apply to them. In making this determination, CDC considered multiple factors in its public health assessment.
With CDCs assistance and guidance, the Office of Refugee Resettlement, the component of the Department of Health and Human Services that cares for unaccompanied noncitizen children, is able to care for unaccompanied noncitizen children while implementing appropriate COVID-19 mitigation measures through a robust network of care facilities that provide testing, vaccinations and medical care. DHS has also implemented additional COVID-19 mitigation procedures as to unaccompanied noncitizen children since the previous CDC orders were issued. These measures sufficiently mitigate the risk posed by unaccompanied noncitizen children prior to the children being discharged to vetted sponsors in U.S. communities. Moreover, children are not released from facilities to their parents or other sponsors until they have been medically cleared for release.
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U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
And from here (includes the actual linked new order (PDF) with statue citations) - https://www.cdc.gov/coronavirus/2019-ncov/cdcresponse/laws-regulations.html
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 pdf icon[370 KB, 21 pages
During the COVID-19 pandemic, CDC issued an order suspending the right to introduce certain noncitizens attempting to enter the U.S. from Canada or Mexico (regardless of country of origin) at or between ports of entry. CDC has terminated the Order with respect to unaccompanied noncitizen children.
The above-linked order has this as justification for rescinding for the benefit of the court to address the concerns -
The policy change is only for that specific group - the "unaccompanied minors" and is not changing the previous policy for expulsion of adults and families (which may include "accompanied children" ).