NEW: The Trump admin has published the text of a final CDC rule that would allow it to continue expelling border-crossers—including asylum-seekers & unaccompanied children—during the pandemic in the name of public health.
It would take effect next month: s3.amazonaws.com/public-inspect…
The CDC says this final rule "can mitigate the danger of the introduction of COVID-19 into the United States regardless of whether" the current CDC order that border officials are using to expel migrants "is vacated or enjoined, or lapses by its own terms" in March 2021.
Unlike the current CDC order and interim final rule being used to expel migrants, the text of the new rule addresses concerns about asylum-seekers and unaccompanied children being expelled during the pandemic, despite laws that allow them to seek humanitarian refuge on US soil.
Important: The CDC argues that unaccompanied children processed under its order are generally not entitled to protections under:
1. The TVPRA: A law that requires their transfer to the US refugee agency.
2. The Flores Settlement that governs US detention of migrant minors.
CDC says it was informed by DHS that allowing asylum-seekers to stay in the US while their cases are adjudicated during the pandemic would require a surge in personnel and resources to the border that would be impractical, expensive and could pose a danger to public health.
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