Update: May 30, 202, 2:57 pm:

According to the Human Rights Watch report cited below, there was no valid medical reason for the Trump/Miller order that excluded hundreds of thousands of Central American and other brown immigrants from entering the US on bogus Title 42 grounds. The order, which Biden has shamefully kept in force for adults, while exempting unaccompanied children, was purely political. HRW states as follows:

"Reporting by the Associated Press as well as our own discussions with a senior CDC official who asked to remain anonymous have made clear that the CDC order closing the border to most migrants was not based in scientifically grounded public health evidence. Instead, it was av response to political pressure.

The policy was called a "Stephen Miller special" by Olivia Troye, a former top aide to then Vice-President Mike Pence, who coordinated the White House coronavirus task force. When top CDC doctors refused to issue the order, saying there was no public health basis for it. Pence called the then-CDC Director Robert Redfied and told him to produce the order anyway."'

My original comment follows:

Recently the "surge" in unaccompanied children from Central America, whom the Biden Administration is allowing to enter the US in a reversal of the inhuman and illegal Trump/Miller exclusion policies, has been dominating the news. The focus has been on the deplorable, overcrowded conditions in the detention centers where these children are being kept, often for the longer than the 72 hours provided by law, while they are waiting to be united with relatives in the US.

But some commentators have suggested that these children should be worried about their future legal status, or lack of it, down the road, For example, in 2015, the American Immigration Council published an article showing that there may be very few options available under current law for these children to gain legal status in the US.


This may be true. But should this factor deter children from coming to the US? Should it prevent America from welcoming these children, who are in many cases fleeing for their lives from intolerable gang violence, abuse and poverty in Central America?

Is worrying about their future legal status nearly as important as providing safe, healthy living conditions for them now while arrangements are being made to unite them with their families in his country? And would there be any difficulty in providing whatever legal status may be needed for them in the future if badly needed immigration reforms were not being blocked in Congress by pro-Trump Republicans trying to appeal to racial animosities among white voters?

The answer to all of the above questions should be a resounding "NO!"

First, let's make clear that using Title 42 to expel hundreds of thousands of asylum seekers and other brown immigrants seeking entry, both adults and children, on public health grounds was a sham from the beginning. Stephen Miller, Trump's immigration Svengali (or Torquemada) was planning to use this pretext for large scale mass deportations and human rights violations well before Covid-19 came on the scene, according to Human Rights Watch:


Human Rights Watch has the following to say about President Biden's appalling failure to revoke the Trump/Miller Title 42 expulsion policy for adult asylum seekers, as well as for unaccompanied children who now benefit from Biden's revocation:

Although President Joe Biden promised during his campaign to restore access to asylum at US borders, and has made an exception in processing unaccompanied children...Stephen Miller's desired border closure remains largely in place. The Title 42 expulsion policy is illegal and violates the human rights of those subjected to it. The Biden administration, now complicit in these rights violations, should rescind the policy immediately..."

To be continued in my next forthcoming comment on this topic.

Roger Algase
Attorney at Law