When the existence of a communicable disease in a foreign country presents a serious danger of the introduction of such disease into the United States, and that danger would be increased by the introduction of persons or property from such country, 42 U.S.C. § 265 permits the Executive Branch to prohibit people from that country from entering the U.S.

The Trump administration used this authority to prohibit people from entering the United States by land from Mexico or Canada, and the Biden administration has continued the practice. The original order applies primarily to migrants attempting to enter the United States without valid entry documents who otherwise would be subjected to immigration processing at crowded border patrol processing centers.

A group of asylum-seeking migrants sued the Department of Homeland Security (DHS) in a U.S. District Court, claiming — among other things — that the order violates their right to apply for asylum. In a preliminary decision issued on Sept. 16, 2021, the District Court granted a temporary injunction requiring DHS to suspend the order pending the outcome of the suit. DHS appealed to the D.C. Court of Appeals.

On Friday, March 4, the appeals court issued a decision permitting DHS to expel covered migrants pending the outcome of its suit in the District Court, but only to places where they will not be persecuted or tortured.

Decision

Read more at https://thehill.com/opinion/immigrat...ay-be-deported

Published initially on The Hill.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow his blog at https://nolanrappaport.blogspot.com.