[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Page 9942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03227]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Notice of Temporary Exception From Expulsion of Unaccompanied 
Noncitizen Children Pending Forthcoming Public Health Determination

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: General Notice.

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SUMMARY: The Centers for Disease Control and Prevention (CDC), located 
within the Department of Health and Human Services (HHS) announces a 
temporary exception from expulsion for unaccompanied noncitizen 
children to its Order issued October 13, 2020 suspending the right to 
introduce certain persons from countries where a quarantinable 
communicable disease exists.

DATES: The temporary exception went into effect on or about January 30, 
2021.

FOR FURTHER INFORMATION CONTACT: Jennifer Buigut, Division of Global 
Migration and Quarantine, Centers for Disease Control and Prevention, 
1600 Clifton Road NE, MS H16-4, Atlanta, Georgia 30329. Telephone: 404-
498-1600. Email: [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2020, the CDC Director issued 
an Agency Order titled `Order Suspending the Right to Introduce Certain 
Persons From Countries Where a Quarantinable Communicable Disease 
Exists' (85 FR 65806; pub. Oct. 16, 2020). The CDC Order was based on 
the most current information at that time regarding the COVID-19 
pandemic and the situation at the Nation's borders. The Order 
implemented a final rule published September 11, 2020 entitled 
``Control of Communicable Diseases; Foreign Quarantine: Suspension of 
the Right to Introduce and Prohibition of Introduction of Persons From 
Designated Countries or Places for Public Health Purposes'' (85 FR 
56424). The final rule was effective October 13, 2020.
    CDC has decided to exercise its discretion to temporarily except 
from expulsion unaccompanied noncitizen children encountered in the 
United States pending the outcome of its forthcoming public health 
reassessment of the Order. This temporary exception from expulsion went 
into effect on or about Saturday, January 30, 2021, and will remain in 
effect until CDC has completed its public health assessment and 
published any notice or modified Order. All other terms of the Order, 
including its application to adults, remain in place until such time as 
any modified Order is issued.
    Separately, on February 2, 2021 the President signed Executive 
Order 14010, `Creating a Comprehensive Regional Framework to Address 
the Causes of Migration, to Manage Migration Through Norther and 
Central America, and to Provide Safe and Orderly Processing of Asylum 
Seekers at the United States Border' (86 FR 8267). This Executive Order 
requires a review of the CDC Order to determine whether the CDC Order 
should be terminated, rescinded, or modified.
    A copy of the Notice can be found at https://www.cdc.gov/coronavirus/2019-ncov/more/pdf/CDCPauseNotice-ExceptfromExpulsion.pdf

U.S. Department of Health and Human Services

Centers for Disease Control and Prevention (CDC)

Order Under Sections 362 & 365 of the Public Health Service Act (42 
U.S.C. 265, 268):

Notice of Temporary Exception From Expulsion of Unaccompanied 
Noncitizen Children Encountered in the United States Pending 
Forthcoming Public Health Determination

* * *

    Pursuant to its authority under 42 U.S.C. 265, 268, and 
implementing regulations, and due to the COVID-19 pandemic, CDC 
issued an Order suspending the right to introduce and prohibiting 
the introduction of covered aliens travelling into the United States 
from Mexico and Canada.\1\ On November 18, 2020, the United States 
District Court for the District of Columbia entered a preliminary 
injunction in PJES v. Mayorkas (``PJES injunction''),\2\ enjoining 
the expulsion of unaccompanied noncitizen children pursuant to the 
Order. On Friday, January 29, 2021, the United States Court of 
Appeals for the District of Columbia Circuit granted a stay pending 
appeal of the District Court's PJES preliminary injunction.\3\
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    \1\ See Notice of Order Suspending the Right To Introduce 
Certain Persons From Countries Where a Quarantinable Communicable 
Disease Exists, 85 FR 65,806, 65,812 (Oct. 16, 2020; eff. Oct. 13, 
2020), replacing the Order Suspending Introduction of Certain 
Persons from Countries Where a Communicable Disease Exists, 85 FR 
17,060 (Mar. 26, 2020; eff. Mar. 20, 2020), as extended, 85 FR 
22,424 (Apr. 22, 2020; eff. Apr. 20, 2020), and as amended and 
extended, 85 FR 31,503 (May 26, 2020; eff. May 21, 2020).
    \2\ No. 1:20-cv-02245 (D.D.C.), Dkt. Nos. 79-80.
    \3\ No. 20-5357, Doc. No. 1882899.
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    The current COVID-19 pandemic continues to be a highly dynamic 
public health emergency. CDC is in the process of reassessing the 
overall public health risk at the United States' borders and its 
``Order Suspending the Right To Introduce Certain Persons From 
Countries Where a Quarantinable Communicable Disease Exists'' based 
on the most current information regarding the COVID-19 pandemic as 
well as the situation at the Nation's borders.\4\ Although the D.C. 
Circuit's stay pending appeal permits the CDC to enforce its order 
and immediately expel unaccompanied noncitizen children, CDC has 
exercised its discretion to temporarily except from expulsion 
unaccompanied noncitizen children \5\ encountered in the United 
States pending the outcome of its forthcoming public health 
reassessment of the Order. This temporary exception went into effect 
on or about Saturday, January 30, 2021, and will remain in effect 
until CDC has completed its public health assessment and published 
any notice or modified Order. All other terms of the Order, 
including its application to adults, remain in place until such time 
as any modified Order is issued.\6\
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    \4\ Review of CDC's 265 Order is also directed by Executive 
Order 14010, Sec. 4(a)(ii)(A), ``Creating a Comprehensive Regional 
Framework to Address the Causes of Migration, to Manage Migration 
Throughout North and Central America, and to Provide Safe and 
Orderly Processing of Asylum Seekers at the United States Border,'' 
Feb, 2, 2021, 86 FR 8267 (Feb. 5, 2021).
    \5\ Unaccompanied noncitizen children are unaccompanied children 
who do not hold valid travel documents and who are encountered by 
the U.S. Department of Homeland Security (DHS) in the United States 
or otherwise upon introduction into the United States. CDC 
understands ``unaccompanied noncitizen children'' as the class of 
individuals subject to the PJES litigation (``all unaccompanied 
noncitizen children who (1) are or will be detained in U.S. 
government custody in the United States, and (2) are or will be 
subjected to expulsion from the United States under the CDC Order 
Process''). It is also CDC's understanding that this class of 
individuals is similar to or the same as those individuals who would 
be considered ``unaccompanied alien children'' for purposes of HHS 
Office of Refugee Resettlement custody, were DHS to make the 
necessary immigration determinations under Title 8 of the United 
States Code.
    \6\ See 85 FR 65,806.
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    In testimony whereof, the Director, Centers for Disease Control 
and Prevention, U.S. Department of Health and Human Services, has 
hereunto set her hand at Atlanta, Georgia, this 11th day of 
February, 2021.

Sherri Berger,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-03227 Filed 2-12-21; 11:15 am]
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