The Independent View: Biden Administration Ends Trump-Era Border Policy For Unaccompanied Migrant Children

In a 21-page Order, justifying the Decision, Centers for Disease Control and Prevention (CDC) Director, Rochelle Walensky, cited numerous Protocols to Reduce the Spread of Covid-19 among Migrant Children, including Testing, Physical Distancing, and wearing Masks.

Unaccompanied Migrant Children, are transferred to the Custody of the Department of Health and Human Services (HHS), after they're Apprehended at the U.S. Southern Border. HHS also has Mitigation Protocols in place, including Testing and Vaccines for those eligible.

Single Adults and Migrant Families, though, continue to be Subject to the Public Health Order, meaning they can still be turned away at the U.S. Southern Border.

Operational and Facility constraints have kept U.S. Customs and Border Protection (CBP), which First encounters Migrants, from replicating the same Protocols for Families and Adults in its Custody, according to the CDC.

Still, the CDC's decision is significant, as it marks a winding down of the Public Health Authority, that's been in place for nearly Two years despite pushback from Public Health Experts, Immigrant Advocates, and Democratic Lawmakers.

A Federal Appeals Court recently ruled, Migrant Families couldn't be Removed to Places where they will be Persecuted or Tortured, though that hasn't taken effect yet.

The U.S. Court of Appeals for the District of Columbia Circuit, also expressed skepticism in its Ruling about the basis of the Order, particularly the Premise that it Guards against Transmission in Congregate settings, or specifically U.S.-Mexico Border Facilities.

Public Health Experts, have repeatedly Refuted the Justification of the Public Health Order. And this week, Democratic Lawmakers slammed the Administration for continuing to rely on it.

"I continue to be disappointed, deeply disappointed in the administration's response. Title 42 goes against everything this country stands for," Senate Majority Leader, Chuck Schumer (D-NY) said in a Press call Thursday.

Sen. Bob Menendez (D-NJ) echoed Schumer and suggested that use of the Public Health Order is a Policy decision. "I think it's a greater policy issue that the administration is using, and I think using inappropriately," he said.