FR 2021-03227

The document issued by the Centers for Disease Control and Prevention (CDC), as part of the Department of Health and Human Services (HHS), introduces a significant change in policy regarding unaccompanied noncitizen children. This notice, published on February 17, 2021, highlights a temporary exception from expulsion for these children despite a broader order from the CDC limiting the entry of individuals from countries where transmissible diseases, such as COVID-19, are prevalent.

General Summary

In October 2020, the CDC issued an order suspending the right to introduce certain persons from countries with communicable diseases, motivated by concerns over COVID-19. However, as of January 30, 2021, the CDC has temporarily excluded unaccompanied noncitizen children from this order. This move follows a public health reassessment that is currently underway, and it aligns with an executive order from the President aimed at addressing migration issues more broadly and ensuring fair processing for asylum seekers.

Significant Issues or Concerns

The document, while regulatory in nature, is dense with legal and administrative jargon that may be difficult for the general public to grasp. It does not provide an in-depth explanation for why the specific exception for unaccompanied children is warranted, relying instead on references to ongoing court cases and the global pandemic.

Furthermore, the timeline for the reassessment of the original order by the CDC is unspecified, leaving ambiguity about when the order might be modified. This lack of a concrete timeline could lead to uncertainty and anxiety among affected populations and stakeholders awaiting further clarity.

Public Impact

Broadly speaking, the temporary exception for unaccompanied noncitizen children could be seen as a compassionate response to the humanitarian needs at the nation's borders. By allowing these children to remain in the United States while further assessments are undertaken, the CDC is potentially safeguarding vulnerable individuals who would otherwise face expulsion.

However, this temporary relaxation only directly affects children, while adults remain subject to the original order pending further changes. This policy might lead to family separations if adults accompanying these children are expelled while the children are allowed to stay.

Stakeholder Impact

For the children affected, this decision offers a temporary reprieve and an opportunity to remain safe from potential exposure to COVID-19 in their home countries, or worse circumstances resulting from forced repatriation. Organizations advocating for the rights of migrants and asylum seekers may view this as a positive step toward more humane treatment, albeit temporary and specific to a narrow demographic.

Conversely, this policy could engender criticism or concern from stakeholders prioritizing strict border controls and public health measures. The ongoing absence of a definitive timeline or comprehensive reassessment might make it harder for these stakeholders to anticipate and plan for future policy directions.

In conclusion, while the CDC's notice provides immediate relief to a vulnerable group, it also underscores the need for clear communication and definitive policies balancing public health and humanitarian obligations. This temporary exception is part of a broader, ongoing dialogue about how best to manage migration and public health in extraordinary times.