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Public health determination regarding an exception for unaccompanied noncitizen children from the order suspending the right to introduce certain persons from countries where a quarantinable communicable disease exists : order under Sections 362 & 365 of the Public Health Service Act (42 U.S.C. §§ 265, 268) and 42 CFR 71.40
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July 16, 2021
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Description:During COVID-19, 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 subsequently temporarily excepted unaccompanied noncitizen children from the order; the implementation of this order confirms the exception for unaccompanied noncitizen children.
During COVID-19, 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 subsequently temporarily excepted unaccompanied noncitizen children from the order; the implementation of this order confirms the exception for unaccompanied noncitizen children.
As part of U.S. government efforts to mitigate the introduction, transmission, and spread of COVID-19, CDC issued an Order on March 20, 2020 (March Order), later replaced on October 13, 2020 (October Order), 1suspending the right to introduce 2certain persons into the United States from countries or places where a quarantinable communicable disease 3exists in order to protect the public health from an increase in risk of the introduction of COVID-19. The Orders applied specifically to covered noncitizens 4who would otherwise be introduced into a congregate setting in land or coastal ports of entry (POE) or Border Patrol stations at or near the U.S. borders 5with Canada and Mexico. On February 17, 2021, CDC published a notice 6(February Notice) announcing the temporary exception of unaccompanied noncitizen children from the October Order; the February Notice stated that CDC would complete a public health assessment and publish an additional notice or a modified Order. As explained below, CDC has concluded that it is appropriate to except unaccompanied noncitizen children 7(UC) from the October Order given the measures in place to prevent and mitigate transmission of COVID-19 in this population.
NoticeUnaccompaniedChildren.pdf
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Pages in Document:4 numbered pages
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