CDC Completes Sixty-Day Assessment of Order under 42 U.S.C. 265

Media Statement

For Immediate Release: Saturday, October 2, 2021
Contact: Media Relations
(404) 639-3286

On August 2, 2021 the Centers for Disease Control and Prevention (CDC) issued an Order under Sections 362 and 365 of the Public Health Service Act, and associated implementing regulations, that temporarily suspended the right to introduce certain noncitizens into the United States based on the Director’s determination that introduction of such noncitizens, regardless of their country of origin, migrating through Canada and Mexico into the United States creates a serious danger of the introduction of COVID-19 into the United States, and the danger is so increased by the introduction of such noncitizens that a temporary suspension is necessary to protect the public health. Unaccompanied noncitizen children, already excepted under a July 16, 2021 order, remained excepted from the order’s coverage.

As specified in that Order, CDC reviewed the latest information regarding the status of the COVID-19 pandemic and associated public health risks to determine whether the Order remains necessary to protect the public health. After examining the current impact of the COVID-19 pandemic throughout the United States and at the U.S. borders, the ongoing risks of transmission and spread of COVID-19 in the congregate settings of facilities at the ports of entry and U.S. Border Patrol stations, the continued threat from the Delta variant, and the availability of testing, vaccination, and other mitigation measures, CDC has determined that the Order continues to be necessary at this time. CDC will continue to reassess the Order.


CDC works 24/7 protecting America’s health, safety and security. Whether disease start at home or abroad, are curable or preventable, chronic or acute, or from human activity or deliberate attack, CDC responds to America’s most pressing health threats. CDC is headquartered in Atlanta and has experts located throughout the United States and the world.

Page last reviewed: October 2, 2021