What 1944 laws, migrants, and Covid-19 have in common
Sandra Rodríguez with her son Gerson, 10. via Sandra Rodriguez
An analysis of a New York Times article published May 20, 2020, which can be accessed here.
Sandra Rodríguez thought she was sending her son, Gerson, to a new life in the United States to live with his uncle, away from their violent home of Honduras. She waited days to hear from her son and when she finally did, she was horrified to hear that he was back in Honduras. There had been none of the normal border control procedures. There had been no chance for Gerson to plead for asylum or make his case. There had been no contact to any family members to tell them that Gerson had been denied entrance and would be deported, certainly not to Sandra.
The worst part is that Sandra and Gerson’s story are hardly the first; and with concerns about the spread of coronavirus still rampant, it is unlikely that theirs will be the last. But what changed? Historically, unaccompanied minors who arrived at border posts were given shelter, food, education, and a chance to build their case. And they weren’t deported until it was sure that they were returning to a safe home. So why are immigration officers no longer doing this?
It’s all because of the 1944 Public Health Service Act, specifically Section 362 which allows the Surgeon General of the US to block all “introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such a period of time as he may deem necessary for such purpose.”1 Basically, the Surgeon General can block people or items coming in from countries and regions around the world if he or she feels that it will protect the country from disease for however long necessary. That’s what the CDC is using to validate their expulsion policy: it’s to prevent Covid-19 from entering the country2. That sounds pretty reasonable, even now as things start to slow down, so why is this a problem? There are actually a few reasons:
The order ignores and overrides legislation already in place to protect asylum-seekers and unaccompanied minors and prevent proper immigration procedures. This is unprecedented, meaning there is no example in the law where this has happened and been supported by the courts.
The expulsion applies to people traveling into the US from Mexico or Canada, regardless of their country of origin, who don’t have appropriate travel documentation. It mentions nothing about the health of the person or whether they actually have Covid-19.
There are no legal processes provided and expulsion is clearly the goal, even despite a 30-day holding period3.
The order only applies to “covered aliens” traveling by land and there are no limitations for those traveling through other modes, even though all modes of transportation have a risk of congregation and the chance to spread infection.
The 1944 Law applies to all people entering the country, citizens and aliens alike, but the CDC order only applies to aliens. This is especially disturbing considering how many legislative changes have occurred in the US specifically to prevent the discrimination of non-citizens from citizens and to have a more welcoming immigration process4.
By expelling aliens without due legal process, we cannot ensure that they are returning to a safe place, which goes directly against multiple laws including The Refugee Act of 1980 and the Convention Against Torture.
There is no requirement or stipulation that the person being removed must be infected and/or contagious.
So it appears that the CDC is participating in “medical gerrymandering”, as Professor Lucas Guttentag from the Stanford Law School so eloquently puts it4. Covid-19 is an international crisis and should be taken seriously. But this order is using a pandemic as a cover to push a political agenda that is not only compromising people’s safety, but is violating their human rights.
#zerotohero #corona #covid #humanrights #immigration