Posted on October 5, 2020

Pence Ordered Borders Closed After CDC Experts Refused

Jason Dearen and Garance Burke, Associated Press, October 3, 2020

Vice President Mike Pence in March directed the nation’s top disease control agency to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus, according to two former health officials. The action has so far caused nearly 150,000 children and adults to be expelled from the country.

The top Centers for Disease Control and Prevention doctor who oversees these types of orders had refused to comply with a Trump administration directive saying there was no valid public health reason to issue it, according to three people with direct knowledge of the doctor’s refusal.

So Pence intervened in early March. The vice president, who had taken over the Trump administration’s response to the growing pandemic, called Dr. Robert Redfield, the CDC’s director, and told him to use the agency’s special legal authority in a pandemic anyway.

{snip} Redfield immediately ordered his senior staff to get it done, according to a former CDC official who was not authorized to discuss internal deliberations and spoke on condition of anonymity.

The CDC’s order covered the U.S. borders with both Mexico and Canada, but has mostly affected the thousands of asylum seekers and immigrants arriving at the southern border. Public health experts had urged the administration to focus on a national mask mandate, enforce social distancing and increase the number of contact tracers to track down people exposed to the virus.

But Stephen Miller, a top aide to President Donald Trump who has been a vocal opponent of immigration, pushed for the expulsion order.

“That was a Stephen Miller special. He was all over that,” said Olivia Troye, a former top aide to Pence, who coordinated the White House coronavirus task force. She recently resigned in protest, saying the administration had placed politics above public health. “There was a lot of pressure on DHS and CDC to push this forward.”

Title 42 of the Public Health Service Act gives federal health officials unique powers during a pandemic to take extraordinary measures to limit transmission of an infectious disease. One of those is the ability to stop the flow of immigration from countries with high numbers of confirmed cases, a legal authority the CDC does not normally have.


Since the order went into effect on March 20, nearly 150,000 people — including at least 8,800 unaccompanied children who are normally afforded special legal protections under a court settlement and federal law — have been sent back to their countries of origin without typical due process. Many have been returned to dangerous and violent conditions in El Salvador, Honduras and Guatemala.

Pence’s spokeswoman Katie Miller, who is Stephen Miller’s wife, called the account of the phone call “false.”

“Vice President Pence never directed the CDC on this issue,” she said in an email.


In recent months, Trump has highlighted the decision to shut down the border as an argument for his reelection in November.

And the Title 42 order has been renewed multiple times since it first passed as a month-long temporary measure. Mark Morgan, the acting Customs and Border Protection commissioner, said in August that the expulsions were necessary to protect his agents, and that 10 CBP employees had died after contracting COVID-19.


Before March, Central American children who crossed into the U.S. alone were generally sent to facilities overseen by the Department of Health and Human Services. HHS shelters are required to be state licensed, have beds and provide schooling. Most children are eventually placed with family or friends who serve as sponsors while they await their day in court.

Under the Title 42 order this year, the administration instead detained some migrant children in hotels, sometimes for weeks, before expelling them to their home countries.