Partial end of border policy for unaccompanied migrant children

(Trends Wide) — The Biden administration partially withdrew a controversial Trump-era border policy overnight after a Texas court ruling forced the administration’s hand and amid fierce criticism from allies of President Joe Biden for continued use of the policy.

While Biden has conveyed progress in fighting the coronavirus pandemic, the administration has sent a mixed message at the border by continuing to largely bar migrants from seeking asylum using a pandemic emergency rule.

But in the early hours of Saturday morning, the Centers for Disease Control and Prevention terminated the public health order, known as Title 42, as it relates to unaccompanied migrant children arriving in the border between the United States and Mexico.

The Biden administration had already exempted minors who arrive at the border without their parents from being subject to authority, but a court ruling last week would have forced the administration to restart the removal of minors.

Judge Mark Pittman in the Northern District Court of Texas ruled against the Biden administration’s decision to exempt unaccompanied migrant children from being subject to authority and gave the administration seven days to appeal or restart the removals. of unaccompanied children. That deadline came this Friday.

In a statement minutes after midnight, the CDC said: “In the current termination, the CDC is addressing the court’s concerns and has determined, after considering current public health conditions and recent developments, that the removal of children unaccompanied non-citizens is not justified to protect public health.”

In a 21-page order justifying the decision, CDC Director Rochelle Walensky cited numerous protocols to reduce the spread of Covid-19 among migrant children, including testing, physical distancing and wearing masks.

Unaccompanied migrant children are transferred to the custody of the Department of Health and Human Services after being apprehended at the southern US border. HHS also has mitigation protocols in place, including testing and immunizations for eligible individuals.

However, single adults and migrant families remain subject to the public health order, meaning they may still be turned away at the southern US border. Facility and operational restrictions have prevented Customs and US Border Protection, which is the first to encounter migrants, replicate the same protocols for families and adults in their custody, according to the CDC.

Still, the CDC’s decision is important, as it marks the liquidation of the public health authority that has been in place for nearly two years despite pushback from public health experts, immigrant advocates and Democratic lawmakers. .

A federal appeals court recently ruled that migrant families cannot be moved to places where they will be persecuted or tortured, though that has not yet gone into effect. The US Court of Appeals for the District of Columbia Circuit also expressed skepticism in its ruling on the basis of the order, particularly the premise that it protects against transmission in congregate settings, or specifically at border facilities. USA and Mexico.

Public health experts have repeatedly refuted the justification for the public health order. And this week, Democratic lawmakers criticized the administration for continuing to trust her.

“I continue to be disappointed, deeply disappointed with the administration’s response. Title 42 goes against everything this country stands for,” Senate Majority Leader Chuck Schumer said at a news conference on Thursday.

Democratic Sen. Bob Menendez of New Jersey echoed Schumer, suggesting that the use of the public health order is a political decision. “I think it’s a bigger policy issue that the administration is using, and I think they’re using it inappropriately,” he said.