Thread by @NicoletteGlazer

BREAKING: Sure enough! An amended CDC #SealTheBorder and ban asylum order to be published tomorrow in FR:
* in effect until rescinded
* applies to land and coastal Ports of Entry and Border Patrol stations that would otherwise hold ppl in a congregate setting.

https://twitter.com/NicoletteGlazer/status/1264960024025022465

Timing provision:Order will be in effect "until [CDC Director] determines that the risk of further introduction of COVID–19 into the United States from covered aliens has ceased to be a serious danger to the public health, &Order is no longer necessary to protect the publ
health"

So basically they are banking and (fully embracing the prognosis that coronavirus is here to stay for a while) to COMPLETELY prevent any non-citizen, other than those engaged in essential work or trade, from stepping foot in America!

Expanding the restrictions to specifically cover coastal areas/stations appears to be directed at both cruise ships and any other vessel regardless of humanitarian aspects.

Translation: Stephen Miller is preparing for boats of refugees approaching a la Mediterranean crisis and

... wants to make sure that there is no possibility for NGOs to seek or use humanitarian 'right to dock' under customary international law.

They are also drafting in anticipation of litigation: they are not claiming it's impossible 4 CBP to expand POE stations to meet CDC reqs or to provide PPE, rather they are taking the approach: we know it is doable but it is too expensive (which it is) & waste of taxpayers $$

"CDC believes such an endeavor would be ill-advised in that it would consume a signif amount of scarce medical resources that could otherwise be used to meet the needs of the domestic population. Nor could such interventions-particularly those involving structural &engineering...

... additions or changes to hundreds of DHS facilities—be implemented quickly enough to mitigate the current risk of
allowing covered aliens to be introduced into POEs and Border Patrol stations."

Got to hand it to them: much more litig proof.

Here is the logic of using title 42 and hiding behind CDC:
1: W initial order + extension Miller was milking "risk of introduction of individuals who have traveled through Canada/Mexico into the congregate settings of POEs and Border Patrol stations." ...

...
2: Coz no Court enjoined it we now have proof "COVID–19 is a contagious" and it is now spreading throughout Canada and Mexico, so "individuals coming from these countries pose a risk of introducing or spreading COVID–19 into the United States once they enter POEs"

...
3. Because "covered aliens" lack proper immigration documentation for entering the United States, "they would
have been likely to spend a material amount of time (i.e., hours or days) in the congregate holding areas of POEs & Border Patrol stations while" they are processed.

Remember the abomination that were Border Tents facilities & their claim how they were the best & state of the art ... Naah! New tune: "POEs and Border Patrol stations have capacity only for short-term processing and holding of inadmissible aliens."

But the pure evil of this Admin when it comes to asylum seekers has somehow managed to find a new outlet to spew hatred: According to CDC Dir coz these folks are undocumented "there is significant uncertainty that covered aliens would be able to effectively self-quarantine, ..

... self-isolate, or otherwise comply w existing social distancing guidelines, if they were conditionally released. CDC & local public health juris simply lack resources & personnel necessary to effectively monitor covered aliens who would otherwise be conditionally released into

... US but for the Order. Accordingly, covered aliens must be returned to the country from which they entered the
United States, to their country of origin, or to another appropriate location."

Clearly this new Order is not the braintrust of Chad, Ken, Stephen Miller & OIL. Seems like they recruited from outside agency to craft this new abomination. Better written and intended for judicial audiences of their liking.

Some interesting stats thrown in the mix:
* Feb 3 to Mar 20 daily average POE/BPstation 3,249
* Mar 21 May 6 "daily average of 395 covered aliens in
custody"
* with approximately 100 non-citizens in CBP facilities at any given time.

Got to double-check but those numbers are off from what CBP/ICE has been reporting.

So bottom line: everyone, regardless of age or condition, will be turned back and released back into MX; those who MX will not accept will be held in CBP/BP stations before boarded of ICEAir charter flights to their country of origins.

Now, there is a pro forma exemption ...

... for a case-by-case determination but the chain of approval is unheard of:

* officer in the field must recommend
* supervisor must approve
* CDC must confirm!!!

I dunno for you, but I doubt that field recommendations are in double digits -- we are talking about CBP & BP officers in the era of Trump, here! In their mind if you are a POC even if you are carrying an US passport you're suspicious to them.

here is da big gaping hole in this shit of an Order: inspection, admission, deportation of non-citizens is entirely regulated by Title 8: it is comprehensive and all inclusive regulatory scheme. There is no authority for consultation w CDC & no such thing as "expulsion" &"return"

Sec 212 also contains a wide-raging medical ground for inadmissibility!!!

If a person has no entry docs or is otherwise inadmissible Congress provided for both expedited and regular "removal proceeding" and codified the due process (well, sorta) required for each. Can't just jump over these provisions and pull 42 U.S.C. 265 & 268 out of your ass to

supplant INA coz you don't want asylum seekers.

But this exactly what they are doing! BP are apprehending ppl including children traveling alone, fingerprinting/photographing them, & just sending them back to MX.

Now, they are not issuing removal orders but also I bet they will claim they don't code returns.

So, when it comes time for oversight they are likely to claim that because of the urgency of the situation and to reduce as possible the time of contact w CBP officers they did not use regulatory processing protocols so no records of how many were "returned".

So, we will be left with the average of 100 per day that were held for ICEAir returns. Just, think about!

But here is a wrinkle, once fingerprinted they are in the system, so if they try at anytime thereafter to seek either admission or cross between POE, they will show up immediately. Not sure what and how DHS will use it but they will figure out a way to twist it into a bar.

Well, Happy Memorial Day, America!