COVID-19 and Immigration Issues

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Table of Contents

Background
March 20th Order Main Provisions
March 20th Order and Human Rights Controversy
March 20th Order: Implications and Amendments
References

Background

COVID-19 pandemic has affected the United States severely, as our country suffered the most in terms of absolute numbers. Despite the hard work of our brave medical personnel, the USA reported almost 34 million cases by May 21st, which resulted in more than 600 000 reported deaths (Worldometer, 2021). On March 20th, 2020, the Centers for Disease Control and Prevention (CDC, 2020a) of the US Department of Health and Human Services issued a special order to curb the spread of COVID-19. Relying on a disease suspension provision from the 1944 Public Health Service Act (Guttentag, 2020), the order applied to several groups of persons traveling from Canada and Mexico. The 20th March order targeted all aliens from Canada and Mexico who travel without proper documents or try to enter the United States unlawfully. Therefore, it can be seen not only as a public health measure but as an immigration control instrument as well.

March 20th Order Main Provisions

The March 20^th order recognized a rapid global spread of COVID-19 and offered a solution, which was supposed to protect the USA from disease outbreaks. The order stressed that COVID-19 easily spreads and sustains itself within communities (CDC, 2020a). Since the aliens from Canada and Mexico arrive in groups through the land Ports of Entry (POE) and Border Patrol stations, they spend a significant time in congregate settings. Such groups provide a perfect environment for COVID-19 spread and its subsequent introduction into the US territory. Therefore, the order immediately ceased the introduction of all covered aliens for 30 days, with a possibility of extension (CDC, 2020a). The covered aliens already present in POEs and Border Patrol stations were subjected to fast repatriation. However, the time and statistics have shown that the 20th March order was not sufficient to prevent the extreme COVID-19 situation in the US.

March 20th Order and Human Rights Controversy

Soon after its implementation, the 20^th March order became a subject of sharp criticism from the legal and human rights protection points of view. First of all, the fast implementation of the order put it in conflict with various provisions and conventions to which the USA adheres. For instance, the repatriation and suspensions of all covered aliens contradicted the 1980 Refugee Act and the Convention Against Torture (Guttentag, 2020). Moreover, the order failed to address the issue of asylum seekers, thus indiscriminately returning them to potentially dangerous conditions without proper attending to their cases (HRW, 2020). Customs and Border Protection Commissioner Mark Morgan claimed that this is not about immigration, and public health was a priority (Montoya-Galvez, 2020). The original motives behind the March 20^th order will probably stay hidden, but it caused legal and ethical controversies.

March 20th Order: Implications and Amendments

As stated before, the March 20th order directly targeted asylum seekers, including children. By May 7th, 2020, the officials repatriated about 20 000 unauthorized migrants (Montoya-Galvez, 2020). According to Human Rights Watch comment, US Customs and Border Protection expelled hundreds of unaccompanied children, thus putting their lives in danger (HRW, 2020). Whether intentional or simply a side effect of a poorly thought and implemented ad hoc public health measure, this situation cannot be considered normal.

To the CDCs credit, they amended the March 20th order to adjust it to the human rights agenda and finally replaced it. The version of October 13th, 2020, does not apply to aliens without a negative COVID-19 test (CDC, 2020b). In addition, the current order does not cover people who can be excepted from repatriation based on humanitarian interests (CDC, 2020b). Overall, the CDC order ceased to be as harsh to migrants as it used to be right after implementation. However, the current COVID-19 statistics show that the control measures over Canadian and Mexican borders were ineffective against the pandemic. The Trump administration was caught by surprise and could not develop sufficient means of public health protection in time. The CDC order was one of those haphazard solutions, which did not work.

References

Centers for Disease Control. Order suspending introduction of certain persons from countries where a communicable disease exists (2020a). Web.

Centers for Disease Control. Order suspending the right to introduce certain persons from countries where a quarantinable communicable disease exists (2020b). Web.

Guttentag, L. (2020). Coronavirus border expulsions: CDCs assault on asylum seekers and unaccompanied minors Stanford Law School. Web.

Human Rights Watch. (2020). Human Rights Watch comment on CDC Interim Final Rule suspending entry of persons into the US. Web.

Montoya-Galvez, C. (2020). 20,000 migrants have been expelled along border under coronavirus directive CBS News. Web.

Worldometer: COVID-19 coronavirus pandemic (2021). Web.

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