9942 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 

1See Notice of Order Suspending the Right To 

Introduce Certain Persons From Countries Where a 

Quarantinable Communicable Disease Exists, 85 FR 

65,806, 65,812 (Oct. 16, 2020; eff. Oct. 13, 2020), 

replacing the Order Suspending Introduction of 

Certain Persons from Countries Where a 

Communicable Disease Exists, 85 FR 17,060 (Mar. 

26, 2020; eff. Mar. 20, 2020), as extended, 85 FR 

22,424 (Apr. 22, 2020; eff. Apr. 20, 2020), and as 

amended and extended, 85 FR 31,503 (May 26, 

2020; eff. May 21, 2020). 

2No. 1:20–cv–02245 (D.D.C.), Dkt. Nos. 79–80. 

3No. 20–5357, Doc. No. 1882899. 

4Review of CDC’s 265 Order is also directed by 

Executive Order 14010, Sec. 4(a)(ii)(A), ‘‘Creating a 

Comprehensive Regional Framework to Address the 

Causes of Migration, to Manage Migration 

Throughout North and Central America, and to 

Provide Safe and Orderly Processing of Asylum 

Seekers at the United States Border,’’ Feb, 2, 2021, 

86 FR 8267 (Feb. 5, 2021). 

5Unaccompanied noncitizen children are 

unaccompanied children who do not hold valid 

travel documents and who are encountered by the 

U.S. Department of Homeland Security (DHS) in the 

United States or otherwise upon introduction into 

the United States. CDC understands 

‘‘unaccompanied noncitizen children’’ as the class 

of individuals subject to the PJES litigation (‘‘all 

unaccompanied noncitizen children who (1) are or 

will be detained in U.S. government custody in the 

United States, and (2) are or will be subjected to 

expulsion from the United States under the CDC 

Order Process’’). It is also CDC’s understanding that 

this class of individuals is similar to or the same 

as those individuals who would be considered 

‘‘unaccompanied alien children’’ for purposes of 

HHS Office of Refugee Resettlement custody, were 

DHS to make the necessary immigration 

determinations under Title 8 of the United States 

Code. 

6See 85 FR 65,806. 

Dated: February 10, 2021. 

Dharmesh Vashee, 

Acting General Counsel, Federal Retirement 

Thrift Investment Board. 

[FR Doc. 2021–03102 Filed 2–16–21; 8:45 am] 

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DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Notice of Temporary Exception From 

Expulsion of Unaccompanied 

Noncitizen Children Pending 

Forthcoming Public Health 

Determination 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: General Notice. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), located 

within the Department of Health and 

Human Services (HHS) announces a 

temporary exception from expulsion for 

unaccompanied noncitizen children to 

its Order issued October 13, 2020 

suspending the right to introduce 

certain persons from countries where a 

quarantinable communicable disease 

exists. 

DATES: The temporary exception went 

into effect on or about January 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Buigut, Division of Global 

Migration and Quarantine, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE, MS H16–4, Atlanta, 

Georgia 30329. Telephone: 404–498– 

1600. Email: dgmqpolicyoffice@cdc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2020, the CDC Director 

issued an Agency Order titled ‘Order 

Suspending the Right to Introduce 

Certain Persons From Countries Where 

a Quarantinable Communicable Disease 

Exists’ (85 FR 65806; pub. Oct. 16, 

2020). The CDC Order was based on the 

most current information at that time 

regarding the COVID–19 pandemic and 

the situation at the Nation’s borders. 

The Order implemented a final rule 

published September 11, 2020 entitled 

‘‘Control of Communicable Diseases; 

Foreign Quarantine: Suspension of the 

Right to Introduce and Prohibition of 

Introduction of Persons From 

Designated Countries or Places for 

Public Health Purposes’’ (85 FR 56424). 

The final rule was effective October 13, 

2020. 

CDC has decided to exercise its 

discretion to temporarily except from 

expulsion unaccompanied noncitizen 

children encountered in the United 

States pending the outcome of its 

forthcoming public health reassessment 

of the Order. This temporary exception 

from expulsion went into effect on or 

about Saturday, January 30, 2021, and 

will remain in effect until CDC has 

completed its public health assessment 

and published any notice or modified 

Order. All other terms of the Order, 

including its application to adults, 

remain in place until such time as any 

modified Order is issued. 

Separately, on February 2, 2021 the 

President signed Executive Order 14010, 

‘Creating a Comprehensive Regional 

Framework to Address the Causes of 

Migration, to Manage Migration 

Through Norther and Central America, 

and to Provide Safe and Orderly 

Processing of Asylum Seekers at the 

United States Border’ (86 FR 8267). This 

Executive Order requires a review of the 

CDC Order to determine whether the 

CDC Order should be terminated, 

rescinded, or modified. 

A copy of the Notice can be found at 

https://www.cdc.gov/coronavirus/2019- 

ncov/more/pdf/CDCPauseNoticeExceptfromExpulsion.pdf 

U.S. Department of Health and Human 

Services 

Centers for Disease Control and Prevention 

(CDC) 

Order Under Sections 362 & 365 of the 

Public Health Service Act (42 U.S.C. 265, 

268): 

Notice of Temporary Exception From 

Expulsion of Unaccompanied Noncitizen 

Children Encountered in the United States 

Pending Forthcoming Public Health 

Determination 

* * * 

Pursuant to its authority under 42 U.S.C. 

265, 268, and implementing regulations, and 

due to the COVID–19 pandemic, CDC issued 

an Order suspending the right to introduce 

and prohibiting the introduction of covered 

aliens travelling into the United States from 

Mexico and Canada.1 On November 18, 2020, 

the United States District Court for the 

District of Columbia entered a preliminary 

injunction in PJES v. Mayorkas (‘‘PJES 

injunction’’),2 enjoining the expulsion of 

unaccompanied noncitizen children 

pursuant to the Order. On Friday, January 29, 

2021, the United States Court of Appeals for 

the District of Columbia Circuit granted a 

stay pending appeal of the District Court’s 

PJES preliminary injunction.3

The current COVID–19 pandemic 

continues to be a highly dynamic public 

health emergency. CDC is in the process of 

reassessing the overall public health risk at 

the United States’ borders and its ‘‘Order 

Suspending the Right To Introduce Certain 

Persons From Countries Where a 

Quarantinable Communicable Disease 

Exists’’ based on the most current 

information regarding the COVID–19 

pandemic as well as the situation at the 

Nation’s borders.4 Although the D.C. Circuit’s 

stay pending appeal permits the CDC to 

enforce its order and immediately expel 

unaccompanied noncitizen children, CDC 

has exercised its discretion to temporarily 

except from expulsion unaccompanied 

noncitizen children 5 encountered in the 

United States pending the outcome of its 

forthcoming public health reassessment of 

the Order. This temporary exception went 

into effect on or about Saturday, January 30, 

2021, and will remain in effect until CDC has 

completed its public health assessment and 

published any notice or modified Order. All 

other terms of the Order, including its 

application to adults, remain in place until 

such time as any modified Order is issued.6

In testimony whereof, the Director, Centers 

for Disease Control and Prevention, U.S. 

Department of Health and Human Services, 

has hereunto set her hand at Atlanta, Georgia, 

this 11th day of February, 2021. 

Sherri Berger, 

Acting Chief of Staff, Centers for Disease 

Control and Prevention. 

[FR Doc. 2021–03227 Filed 2–12–21; 11:15 am] 

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