If The CDC Director Can Stop Evictions For Public Health Reasons, Can She Stop Catch And Release At The Border?

Written by K. Walker on March 29, 2021

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If they can’t, then…why not?

This pandemic has shown that there is “government overreach” and then there’s GOVERNMENT OVERREACH.

Back in April 2020, Congress included a national eviction moratorium as part of the CARES Act to protect those who had lost income due to lockdowns. The CARES Act eviction moratorium only included “covered dwellings” that “are rental units in properties: (1) that participate in federal assistance programs, (2) are subject to a ‘federally backed mortgage loan,’ or (3) are subject to a ‘federally backed multifamily mortgage loan.'”

It was meant to be a temporary stop-gap measure to give renters time to recoup some money to pay back the missed payments and not be thrown out on the street in the meantime.

While this seemed like a compassionate idea at the time, there were some legitimate concerns that this was an infringement on the rights of property owners, as well as an undermining of federalism and the separation of powers.

The pandemic continued, lockdown after lockdown threatened jobs in most states.

In September, the Center for Disease Control (CDC), a branch of the Department of Health And Human Services (DHS), issued an order to temporarily halt residential evictions in order to prevent the further spread of COVID-19. They were able to do this due to Section 361 of the Public Health Service Act (42 U.S.C. 264) which granted temporary powers to prevent the spread of a dangerous communicable disease.

Is it just me that thinks that it’s weird that the CDC can halt evictions and just continue to extend it and extend it with no end in sight?

When co-President Jamala Biden-Harris took office, they extended foreclosures until March 31, 2021, through an Executive Order.

Recently, ClashDaily reported on an instance in which the moratorium on eviction had been abused:

Buying A New Home? Don’t Let What Happened To This Unsuspecting Family Happen To You

Three courts have found the federal eviction moratorium illegal. Despite that, on Monday, the Director of the CDC, Dr. Rochelle Walensky, extended the federal eviction moratorium until June 30, 2021.

In a statement, Director Walensky said, “Keeping people in their homes and out of crowded or congregate settings—like homeless shelters—by preventing evictions is a key step in helping to stop the spread of COVID-19.”

During her virtual coronavirus briefings on the same day, Dir. Walensky admitted that she’s “scared” because the case counts continue to rise.

Question: If the CDC Director Walensky can halt all evictions across the country for months on end because of a “public health threat”, can she also stop catch and release at the southern border for the same reason?

The very same statute that is being cited to implement and extend a federal eviction moratorium, the Public Health Services Act, also states that people from other countries may be detained and prevented from moving about from state to state.

Except as provided in subsection (d), regulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession.

(d)Apprehension and examination of persons reasonably believed to be infected
(1)Regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be infected with a communicable disease in a qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary. For purposes of this subsection, the term “State” includes, in addition to the several States, only the District of Columbia.
(2)For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—
(A)is in a communicable stage; or
(B)is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
Source: Cornell Law

We are told that asymptomatic spread of the virus is a massive problem, and thousands of people are flooding our borders each month and not being routinely tested for the virus.  These desperate people are being housed in cramped conditions at the border that would be considered inhumane at the best of times, but, according to medical experts who have put limits on large, indoor gatherings, these packed quarters are dangerous — possibly deadly! These are Biden-Harris Super-Spreader Facilities.

So, will Dir. Walensky prevent the spread of the virus by ending travel to other states by people coming from Central America through Mexico to the southern border?

Somehow, I don’t think that she will, no matter how scared she says that she is.

ClashDaily's Associate Editor since August 2016. Self-described political junkie, anti-Third Wave Feminist, and a nightmare to the 'intersectional' crowd. Mrs. Walker has taken a stand against 'white privilege' education in public schools. She's also an amateur Playwright, former Drama teacher, and staunch defender of the Oxford comma. Follow her humble musings on Twitter: @TheMrsKnowItAll