Today, following a public health reassessment, the CDC Director is terminating an Order suspending the right to introduce certain persons into the United States (Title 42) with respect to unaccompanied noncitizen children.
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 the July 2021 and August 2021 Orders to the extent that they except unaccompanied children from the Title 42 procedures based solely on their status because, the court found, CDC had not adequately explained its decision to treat unaccompanied noncitizen children differently than other noncitizens subject to the October Order. The court stayed its preliminary injunction for seven days.
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. In recognition of the unique vulnerabilities of unaccompanied 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 CDC's assistance and guidance, the Office of Refugee Resettlement, the component of the Department of Health and Human Services which cares for unaccompanied noncitizen children, is able to care for UC while implementing appropriate COVID-19 mitigation measures through a robust network of care facilities that provide testing and medical care. These measures help reduce the spread of COVID-19 among unaccompanied noncitizen children prior to the children being discharged to vetted sponsors in U.S. communities.
