Title 42 Order Reassessment and Exception for Unaccompanied Noncitizen Children

Today, CDC is issuing an Order confirming the exception for unaccompanied noncitizen children (UC) from the Order suspending the right to introduce certain persons into the United States (U.S.). In October 2020, CDC issued an Order (replacing an Order issued in March 2020), suspending the right to introduce covered noncitizens into the United States who would otherwise be introduced into a congregate setting at ports of entry (POE) or Border Patrol stations at or near the U.S. borders into the United States in order to protect the public health from an increase in risk of the introduction of COVID-19.

President Biden signed Executive Order 14010 in February 2021, which, in part, directs CDC to review the October 2020 Order issued under Title 42 to determine if it is still needed and/or if modifications should be made. In February 2021, CDC published a Notice of Temporary Exception from Expulsion of Unaccompanied Noncitizen Children Encountered in the United States Pending Forthcoming Public Health Determination (February Notice), announcing the temporary exception of unaccompanied noncitizen children from the October Order. After careful consideration, the CDC Director has issued an Order, effective immediately, that confirms an exception for unaccompanied noncitizen children (UC) from the October Order.

CDC considered multiple factors in its public health assessment and finds that, at this time, there is appropriate infrastructure in place to protect the children, caregivers, and local communities from elevated risk of COVID-19 transmission as a result of the introduction of UC, and U.S. healthcare resources are not significantly impacted by providing UC necessary care. CDC believes the COVID-19-related public health concerns associated with UC introduction can be adequately addressed without the UC being subject to the October Order, thereby permitting the government to better address the humanitarian challenges for these children.

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U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

CDC works 24/7 protecting America’s health, safety and security. Whether disease start at home or abroad, are curable or preventable, chronic or acute, or from human activity or deliberate attack, CDC responds to America’s most pressing health threats. CDC is headquartered in Atlanta and has experts located throughout the United States and the world.