Court filing
Joint Appendix Volume 2 — Huisha-Huisha v. Mayorkas
Filed October 21, 2021 in Nancy Huisha-Huisha v. Alejandro Mayorkas; one of 56 filings from this case.
Record facts
| Court | U.S. Court of Appeals for the D.C. Circuit |
|---|---|
| Filed | 2021-10-21 |
U.S. Court of Appeals for the D.C. Circuit · No. 1:21-cv-00100-EGS · Doc. 5-2 · 2021-10-21 · Docket on CourtListener
Full text
[ORAL ARGUMENT NOT YET SCHEDULED]
No. 21-5200
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
NANCY GIMENA HUISHA-HUISHA,
on behalf of herself and others similarly situated,
Plaintiffs-Appellees,
v.
ALEJANDRO MAYORKAS, Secretary of Homeland Security, et al.
Defendants-Appellants.
On Appeal from the United States District Court
for the District of Columbia
JOINT APPENDIX
VOLUME 2
STEPHEN B. KANG
American Civil Liberties Union
Foundation, Immigrants’ Rights Project
39 Drumm Street
San Francisco, CA 94111
(415) 343-0783
LEE GELERNT
American Civil Liberties Union
Foundation, Immigrants’ Rights Project
125 Broad Street, 18th Floor
New York, NY 10004
(212) 549-2600
Counsel for Plaintiffs-Appellees
(additional counsel on next page)
BRIAN M. BOYNTON
Acting Assistant Attorney General
CHANNING PHILLIPS
Acting United States Attorney
SHARON SWINGLE
JOSHUA WALDMAN
ASHLEY A. CHEUNG
Attorneys, Appellate Staff
Civil Division, Room 7232
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
(202) 514-0236
Joshua.waldman@usdoj.gov
Counsel for Defendants-Appellants
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 1 of 365
Additional Counsel for Plaintiffs-Appellants
CODY WOFSY
MORGAN RUSSELL
American Civil Liberties Union
Foundation, Immigrants’ Rights
Project
39 Drumm Street
San Francisco, CA 94111
(415) 343-0783
KARLA M. VARGAS
Texas Civil Rights Project
1017 W. Hackberry Ave.
Alamo, Texas 78516
(956) 787-8171
JAMIE CROOK
Center for Gender & Refugee Studies
200 McAllister Street
San Francisco, CA 94102
(415) 565-4877
DANIEL A. GALINDO
OMAR JADWAT
MING CHEUNG
CELSO PEREZ
American Civil Liberties Union
Foundation, Immigrants’ Rights
Project
125 Broad Street, 18th Floor
New York, NY 10004
(212) 549-2600
SCOTT MICHELMAN
ARTHUR B. SPITZER
American Civil Liberties Union
Foundation of the District of
Columbia
915 15th Street, NW, 2nd floor
Washington, D.C. 20005
(202) 457-0800
TAMARA GOODLETTE
Refugee and Immigrant Center for
Education & Legal Services
802 Kentucky Avenue
San Antonio, TX 78201
(210) 960-3206
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 2 of 365
i
TABLE OF CONTENTS
Page
Declaration of Andrea Meza
D. Ct. Dkt. 5-2 (Jan. 12, 2021) ........................................................... App. 179
Declaration of Stephen Kang,
D. Ct. Dkt. 23-2 (Jan. 28, 2021) ......................................................... App. 182
Declaration of Ming Cheung with Exhibits
D. Ct. Dkts. 57-4, 57-5 ....................................................................... App. 192
Declaration of Public Health Experts in Support of
Plaintiffs’ Motion for Classwide Preliminary Injunction
with Exhibits
D. Ct. Dkts. 57-6, 57-7 (Feb. 5, 20201) .............................................. App. 248
Declaration of Javier O. Hidalgo
D. Ct. Dkt. 57-8 (Feb. 5, 2021) ........................................................... App. 321
Declaration of Allison Herre
D. Ct. Dkt. 57-9 (Feb. 5, 2021) ........................................................... App. 323
Declaration of Linda Corchado
D. Ct. Dkt. 57-10 (Feb. 5, 2021) ......................................................... App. 326
Declaration of Lisa Frydman
D. Ct. Dkt. 57-11 (Feb. 5, 2021) ......................................................... App. 328
Declaration of Taylor Levy
D. Ct. Dkt. 57-12 (Feb. 5, 2021) ......................................................... App. 339
Supplemental Declaration of Taylor Levy
D. Ct. Dkt. 118-3 (Aug. 11, 2021) ...................................................... App. 342
Declaration of Julia Neusner
D. Ct. Dkt. 118-4 (Aug. 11, 2021) ...................................................... App. 355
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 3 of 365
Add.ii
TABLE OF CONTENTS (CONT’D)
Page
Affidavit of Jennifer K. Harbury
D. Ct. Dkt. 118-5 (Aug. 11, 2021) ...................................................... App. 364
Declaration of Erika Pinheiro
D. Ct. Dkt. 118-6 (Aug. 11, 2021) ...................................................... App. 369
Declaration of Savitri Arvey
D. Ct. Dkt. 118-7 (Aug. 11, 2021) ...................................................... App. 379
Supplemental Declaration of Former Centers for Disease Control
and Prevention (CDC) Officials
D. Ct. Dkt. 118-8 (Aug. 11, 2021) ...................................................... App. 384
Declaration of 32 Medical and Public Health Experts
D. Ct. Dkt. 118-9 (Aug. 11, 2021) ...................................................... App. 396
Second Declaration of Ming Cheung
D. Ct. Dkt. 118-10 (Aug. 11, 2021) .................................................... App. 414
Declaration of Linda Rivas
D. Ct. Dkt. 118-11 (Aug. 11, 2021) .................................................... App. 427
Declaration of Marisa Limón Garza
D. Ct. Dkt. 118-12 (Aug. 11, 2021) .................................................... App. 431
Declaration of Astrid Dominguez
D. Ct. Dkt. 118-13 (Aug. 11, 2021) .................................................... App. 437
Declaration of Chelsea Sachau
D. Ct. Dkt. 118-14 (Aug. 11, 2021) .................................................... App. 440
Declaration of Susana Villén Iglesias
D. Ct. Dkt. 118-15 (Aug. 11, 2021) .................................................... App. 445
Declaration of Teresa Cavendish
D. Ct. Dkt. 118-16 (Aug. 11, 2021) .................................................... App. 452
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 4 of 365
Add.iii
TABLE OF CONTENTS (CONT’D)
Page
Declaration of Kate Clark
D. Ct. Dkt. 118-17 (Aug. 11, 2021) .................................................... App. 455
Declaration of Aaron Reichlin-Melnick
D. Ct. Dkt 118-18 (Aug. 11, 2021) ..................................................... App. 458
Declaration of Alan E. Valdez Juárez
D. Ct. Dkt. 118-19 (Aug. 11, 2021) .................................................... App. 466
Declaration of Edgar Ramírez López
D. Ct. Dkt. 118-20 (Aug. 11, 2021) .................................................... App. 467
Declaration of Samuel Thomas Bishop
D. Ct. Dkt. 118-21 (Aug. 11, 2021) .................................................... App. 468
Declaration of Luis Alberto Lizarraga Tolentino
D. Ct. Dkt. 118-22 (Aug. 11, 2021) .................................................... App. 469
Declaration of Ceclia Menjivar
D. Ct. Dkt. 118-23 (Aug. 11, 2021) .................................................... App. 470
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 5 of 365
DECLARATION OF ANDREA MEZA
I, Andrea Meza, swearing under penalties of perjury, that the following is true and correct to the
best of my knowledge:
1. My name is Andrea Meza and I am an attorney and the Director of the Family Detention
Services Program at the Refugee and Immigrant Center for Education and Legal Services
(“RAICES”). I have been the program Director since March 2019. Prior to my position
as Director I served as the Associate Director from October 2018-March 2019. From
September 2015 to July 2017 I was an Equal Justice Works Fellow and provided direct
legal services to families at Karnes. I have been licensed in the state of Texas since
November 6, 2015.
2. RAICES, with volunteers and pro bono attorneys, has provided free legal services at
Karnes County Family Residential Center in Karnes City, Texas (“Karnes family
detention center” or “Karnes”) since its opening as a family detention center in August
2014. In 2019, RAICES provided legal services to nearly 5,000 people detained at
Karnes, and to 1,671 individuals at Karnes in 2020. RAICES’ Family Detention Services
program strives to provide free, universal representation through all phases of the
immigration process during detention at Karnes.
3. RAICES is the primary non-profit legal services provider at Karnes, the only pro bono
legal services organization operating on the ground at Karnes, and the primary source of
free legal representation for Karnes detained persons. RAICES estimates that it provides
free legal services to between 80-95% of the population at Karnes.
4. RAICES is dependent on referrals or on client outreach to provide legal services at
Karnes. Immigration and Customs Enforcement (ICE) does not provide RAICES with a
list of newly arrived families at Karnes.
5. As Director, I supervise operations of our team of 27 staff, including 11 attorneys and 9
legal assistants who provide direct representation to detained families. In the course of
our representation, our staff create contemporaneous notes regarding client and case
information. The following information is based on our case records and my
communications with DHS officers.
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App. 179
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6. RAICES first encountered a family in Title 42 proceedings at Karnes on July 7, 2020.
Between July 7, 2020, and October 22, 2020, RAICES represented 42 families in Title 42
proceedings detained at Karnes. During this time RAICES also represented 143 families
in Title 8 proceedings.
7. On October 22, 2020, ICE transferred all families at Karnes in Title 8 proceedings to the
South Texas Family Residential Center (Dilley) in Dilley, Texas and began to use Karnes
as a centralized processing center for families in Title 42 proceedings.
8. It is my understanding through communication with other immigration advocates that
most families at Karnes in Title 42 proceedings are detained in ICE custody because CBP
was unable to secure travel arrangements for their expulsion. The families that CBP
apprehend and quickly remove do not appear at Karnes. Thus, the families in Title 42 at
Karnes are only those whom ICE detains while awaiting expulsion, and they are a subset
of all families put into Title 42 proceedings.
9. RAICES gathers information from each of our clients regarding COVID-19 testing and
conditions of quarantine at Karnes. Based on our clients’ experience, ICE regularly tests
families for COVID-19 at Karnes. It only tells families the results of their COVID-19 test
if they test positive. Families are often tested for COVID-19 upon arrival at the detention
center and again prior to removal.
10. While no information is provided to us or to the public on the number of families at
Karnes, or the number of families in Title 42 at Karnes, we believe there may be as many
as 85 individuals currently detained at Karnes. We believe this number has increased
significantly in the last month.
11. RAICES currently represents eight families detained at Karnes, two of which are in Title
42 proceedings.
12. Our client Josiane Pereira-De Souza is currently detained at Karnes with her four
children. She arrived in the United States on December 11, 2020 and was transferred to
ICE custody at Karnes around December 17, 2020. On December 29th, Ms. Pereira-De
Souza and her children were interviewed through an interpreter for approximately 40
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App. 180
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 7 of 365
minutes to determine whether they feared torture upon return to Brazil. The family
received a negative determination regarding their claim to protection under the
Convention Against Torture.
13. Ms. Pereira-De Souza and her children face imminent deportation and their removal may
be as soon as Tuesday, January 12, 2021. The family was previously tested for COVID-
19 while at Karnes and did not receive further information from ICE or its contractors
about the result of their COVID-19 tests, which is consistent with having tested negative
for COVID. On January 11, 2021, Ms. Pereira-De Souza and her family were again
tested for COVID-19, which is a step ICE takes right before it removes a family.
14. Our client Nancy Gimena Huisha-Huisha, an indigenous Kichwa woman, is currently
detained at Karnes with one of her children. Ms. Huisha-Huisha arrived in the United
States on December 28, 2020 and was transferred to ICE custody at Karnes on January 5,
2021.
15. Ms. H.H. and her child face imminent deportation and their removal may be as soon as
Tuesday, January 12, 2021.
16. On Jan. 11, 2021, I was contacted by the immigration attorney for Ms. Valeria Macancela
Bermejo and her daughter, who are both detained at Karnes in Title 42 proceedings. In
collaboration with her counsel, RAICES staff spoke with Ms. Macancela Bermejo
regarding her immigration case. Ms. Macancela Bermejo entered the United States on
December 6, 2020 and arrived in ICE custody at Karnes on December 9, 2020.
17. Ms. Macancela Bermejo and her daughter face imminent deportation and may be
removed as soon as Tuesday, January 12, 2021.
I declare under penalty of perjury, under the laws of the United States of America and Texas,
that the foregoing is true and correct.
Date: January 12, 2021
/s/ Andrea Meza
Case 1:21-cv-00100-EGS Document 5-2 Filed 01/12/21 Page 3 of 3
App. 181
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DECLARATION OF STEPHEN B. KANG IN SUPPORT OF PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION
I, Stephen B. Kang, hereby declare:
1. I am an attorney at the American Civil Liberties Union Foundation Immigrants’ Rights
Project (“ACLU”), and am counsel for Plaintiffs in this case. I make this declaration to
provide information concerning families subject to the Title 42 Process and describe my
qualifications and those of my colleagues to serve as counsel for the Proposed Class in
this case.
Numbers of Families Subject to the Title 42 Process
2. U.S. Customs & Border Protection (“CBP”) reports data on its public website regarding
the total number of noncitizens apprehended as part of a family (which CBP refers to as
“Family Unit Aliens (FMUA)”) which it apprehends and processes under the Title 42
Policy challenged in this case, and how many it processes through the ordinary
immigration procedures codified in Title 8 of the U.S. Code. See CBP, Southwest Land
Border Encounters, https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters.
3. A “Family Unit” as CBP uses that term means “the number of individuals (either a child
under 18 years old, parent or legal guardian) apprehended with a family member.” See
CBP, U.S. Border Patrol Southwest Border Apprehensions by Sector,
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters/usbp-sw-border-
apprehensions.
4. CBP’s data demonstrates that from March to December 2020, Defendants subjected
approximately 21,515 members of family units to the Title 42 Process.
5. That figure is available by visiting the above Southwest Land Border Encounters website
and selecting the following from the drop-down menus: “2020” and “2021 (FYTD)” for
NANCY GIMENA HUISHA-HUISHA, et al.,
Plaintiffs,
v.
DAVID PEKOSKE, Acting Secretary of Homeland
Security, in his official capacity, et al.,
Defendants.
)
)
)
)
)
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)
No. 1:21-CV-00100-EGS
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 1 of 10
App. 182
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 9 of 365
“FY”; “All” for “Component”; “FMUA” for “Demographic”; “All” for “Citizenship
Grouping”; and “Title 42” for “Title of Authority.” A copy of this search result is
attached as Exhibit A.
6. The same data demonstrates that, since April 2020, Defendants have expelled the vast
majority of asylum-seeking families pursuant to the Title 42 Process. From April to
December 2020, approximately 21,018 members of family units (81%) were expelled
under Title 42, while 4,831 (19%) were processed under Title 8.
7. These data regarding Title 8 processing are available by visiting the Southwest Land
Border Encounters website and selecting the following from the drop-down menus on the
website: “2020” and “2021 (FYTD)” for “FY”; “All” for “Component”; “FMUA” for
“Demographic”; “All” for “Citizenship Grouping”; and “Title 8” for “Title of Authority.”
A copy of this search result is attached as Exhibit B.
Qualifications of Proposed Lead Class Counsel at ACLU
8. The attorneys at the ACLU described herein, including myself, have represented
unaccompanied children in four federal court cases challenging expulsion pursuant to the
Title 42 Process. See J.B.B.C. v. Wolf, No. 20-CV-01509-CJN (D.D.C. filed June 9,
2020); G.Y.J.P. v. Wolf, No. 20-CV-01511-TNM (D.D.C. filed June 9, 2020); Texas Civil
Rights Project v. Wolf, No. 20-CV-02035-BAH (D.D.C. filed July 24, 2020). Most
recently, we were appointed as class counsel in P.J.E.S. v. Wolf, __ F. Supp. 3d. ___, No.
20-CV-02245-EGS, 2020 WL 6770508 (D.D.C. Nov. 18, 2020).
9. Stephen B. Kang. I am a Detention Attorney at ACLU, where I have worked since 2013.
I graduated from New York University School of Law in 2011 and clerked for the
Honorable Kermit V. Lipez of the First Circuit Court of Appeals, and the Honorable
Margaret M. Morrow (ret.) of the U.S. District Court for the Central District of
California. I am admitted to practice in California. I am admitted to the bars of the U.S.
Courts of Appeals for the Third, Fifth, Sixth, and Ninth Circuits, and the U.S. District
Courts for the Central, Northern, and Southern Districts of California and the District of
Colorado.
10. I specialize in systemic litigation and advocacy involving particularly vulnerable
populations in the removal system, such as detained children and asylum-seeking
families. My cases in this area include: Ms. L. v. ICE, 310 F. Supp. 3d 1133 (S.D. Cal.
2018), modified, 330 F.R.D. 284 (S.D. Cal. 2019) (enjoining government practice of
separating asylum-seeking parents from their children at border); Saravia for A.H. v.
Sessions, 905 F.3d 1137 (9th Cir. 2018) (affirming preliminary injunction against
unlawful arrest and detention of noncitizens based on flawed gang allegations); Flores v.
Sessions, 862 F.3d 863 (9th Cir. 2017) (amicus counsel) (upholding rights of detained
immigrant children to custody hearings); Duchitanga v. Lloyd, No. 18-CV-10332
(S.D.N.Y. filed Nov. 6, 2018) (challenging widespread and severe delays in release of
children in government custody due to fingerprinting backlogs); R.I.L-R v. Johnson, 80 F.
Supp. 3d 164 (D.D.C. 2015) (enjoining government’s invocation of deterrence to detain
asylum seeking families).
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 2 of 10
App. 183
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 10 of 365
11. I have also served as counsel in a number of other cases concerning the due process rights
of noncitizens in the removal process, including: C.J.L.G. v. Barr, 880 F.3d 1122 (9th
Cir. 2018) (en banc) (reversing removal order of unrepresented child for failure to advise
of relief eligibility); J.E.F.M. v. Lynch, 837 F.3d 1026 (9th Cir. 2016) (dismissing for
lack of jurisdiction class action seeking appointed counsel for children); Damus v.
Nielsen, 313 F. Supp. 3d 317 (D.D.C. 2018) (enjoining government’s “no release policy”
concerning asylum seekers); Franco-Gonzalez v. Holder, No. 10-CV-02211 DMG
DTBX, 2014 WL 5475097 (C.D. Cal. Oct. 29, 2014) (detailed injunctive order
concerning appointed counsel rights for noncitizens with mental disabilities facing
removal).
12. A number of the cases described above are complex class actions against the federal
government on immigration issues. I am or was class counsel in Ms. L. v. ICE, Saravia v.
Sessions, Damus v. Nielsen, R.I.L-R v. Johnson, J.E.F.M. v. Lynch, and Franco-Gonzalez
v. Holder.
13. I have given CLE presentations to lawyers and advocates concerning the rights of
detained noncitizens and immigrant children, and provide technical assistance to other
practitioners litigating federal cases on these topics. I also speak to nonlegal audiences
regarding immigration and asylum policy.
14. Lee Gelernt. Lee Gelernt has been an attorney with the American Civil Liberties Union
since 1992. He currently holds the positions of Deputy Director of the ACLU’s national
Immigrants’ Rights Project, and Director of the Project’s Program on Access to the
Courts. Mr. Gelernt graduated from Columbia Law School in 1988.
15. Mr. Gelernt is a member of the New York bar, and is admitted to practice in the U.S.
Supreme Court, the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits, and the U.S. District Courts
for the Eastern District of New York and the Eastern District of Michigan. He has argued
dozens of notable immigrants’ rights cases at all levels of the federal court system,
including in the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second,
Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits, and in numerous district
courts around the country.
16. Mr. Gelernt has served as lead counsel, or argued in, many class action immigration
cases, including recently Ms. L. v. ICE (involving the Trump administration’s family
separation practice), and in a series of cases involving classes of long-term U.S. residents
subject to deportation to countries where they feared death, persecution, or other harms.
See Hamama v. Adducci, 258 F. Supp. 3d 828, (E.D. Mich. 2017), vacated and remanded
by 912 F.3d 869 (6th Cir. 2018); Devitri v. Cronen, 290 F. Supp. 3d 86 (D. Mass. 2017);
Ibrahim v. Acosta, No. 17-CV-24574, 2018 WL 582520 (S.D. Fla. Jan. 26, 2018); Nak
Kim Chhoeun v. Marin, No. 17-CV-01898, 2018 WL 571503 (C.D. Cal. Jan. 25, 2018).
17. Mr. Gelernt is also lead counsel in numerous systemic cases challenging the federal
government’s efforts to restrict noncitizens from accessing asylum. See, e.g., East Bay
Sanctuary Covenant v. Barr, 964 F.3d 832 (9th Cir. 2020) (affirming injunction of bar on
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App. 184
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asylum for individuals who transit through third country); Capital Area Immigrants’
Rights Coal. v. Trump, No. 19-CV-2117-TJK, 2020 WL 3542481 (D.D.C. June 30, 2020)
(vacating same bar); East Bay Sanctuary Covenant v. Trump, 950 F.3d 1242 (9th Cir.
2020) (affirming injunction of ban of asylum for noncitizens entering between ports of
entry); East Bay Sanctuary Covenant v. Trump, 932 F.3d 742 (9th Cir. 2018) (denying
stay of same injunction), stay denied, No. 18A615, 2018 WL 6713079 (U.S. Dec. 21,
2018).
18. Mr. Gelernt has also testified as an expert before both the U.S. Senate and House of
Representatives on immigration issues. He served as a law clerk to the Honorable Frank
M. Coffin, formerly of the First Circuit Court of Appeals. In addition to his work at the
ACLU, Mr. Gelernt is adjunct professor at Columbia Law School, and for many years
taught at Yale Law School as an adjunct.
19. Cody Wofsy. Cody Wofsy is a Staff Attorney at the ACLU. He is a member of the
California bar, and is admitted to practice in the U.S. Supreme Court, U.S. Courts of
Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Ninth, and D.C. Circuits, and
the U.S. District Courts for the Northern, Southern, Central, and Eastern Districts of
California. Mr. Wofsy graduated from Yale Law School in 2013 and served as a Law
Clerk to the Honorable Myron H. Thompson of the U.S. District Court for the Middle
District of Alabama and the Honorable Marsha S. Berzon of the Ninth Circuit Court of
Appeals.
20. Mr. Wofsy litigates complex immigration-related cases at all levels of the federal and
state courts. See, e.g., Grace v. Barr, 965 F.3d 883 (D.C. Cir. 2020) (affirming in part
injunction of policies limiting asylum within the expedited removal system); East Bay
Sanctuary Covenant v. Barr, Capital Area Immigrants’ Rights Coal. v. Trump, East Bay
Sanctuary Covenant v. Trump (all described above); Trump v. Int’l Refugee Assistance
Project, 137 S. Ct. 2080 (2017) (denying stay in part of preliminary injunction of an
Executive Order barring nationals of certain countries from entering the United States);
Morales v. Chadbourne, 235 F. Supp. 3d 388 (D.R.I. 2017) (granting partial summary
judgment in case challenging immigration arrest); Ramon v. Short, 2020 MT 69, 399
Mont. 254, 460 P.3d 867 (holding state officers lack authority to conduct civil
immigration arrests); People ex rel. Wells v. DeMarco, 168 A.D.3d 31, 88 N.Y.S.3d 518
(N.Y. App. Div. 2018) (same).
21. Mr. Wofsy also represents amici in a number of cases involving the federal government’s
administration of the immigration laws. See, e.g., Guerrero-Lasprilla v. Barr, 140 S. Ct.
1062 (2020) (rejecting government’s interpretation of jurisdictional provision); City of
Chicago v. Barr, 961 F.3d 882 (7th Cir. 2020) (rejecting government assertion of
authority to impose immigration related conditions on grant program); City of Providence
v. Barr, 954 F.3d 23 (1st Cir. 2020) (same); City of Philadelphia v. Attorney Gen. of
United States, 916 F.3d 276 (3d Cir. 2019), reh’g denied (June 24, 2019) (same); United
States v. California, 921 F.3d 865 (9th Cir. 2019) (rejecting government efforts to enjoin
California Values Act as preempted by immigration statutes), cert. denied, No. 19-532,
2020 WL 3146844 (U.S. June 15, 2020); San Francisco v. Trump, 897 F.3d 1225 (9th
Cir. 2018) (affirming injunction of immigration-enforcement Executive Order); see also
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USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 12 of 365
Simon v. City of New York, 893 F.3d 83 (2d Cir. 2018) (reversing dismissal of case
challenging arrest on material witness warrant).
22. Daniel A. Galindo. Daniel Galindo is a Staff Attorney at the ACLU, where he has
worked since 2018. He is a member of the bars of California and New York, and is
admitted to practice in the U.S. Court of Appeals for the Ninth Circuit, and the U.S.
District Courts for the Southern District of California and the Northern District of
California. Mr. Galindo graduated from Stanford Law School in 2012 and clerked for the
Honorable David O. Carter of the U.S. District Court for the Central District of
California, and the Honorable Kermit V. Lipez of the First Circuit Court of Appeals.
Prior to his work at the ACLU, Mr. Galindo was an attorney in the criminal defense
practice at the Neighborhood Defender Service of Harlem, where he practiced for four
years in state trial courts in Manhattan.
23. Mr. Galindo litigates complex immigration-related cases at all levels of state and federal
courts. He serves as class counsel in Ms. L. v. ICE, described above.
24. Mr. Galindo also argued Ramon v. Short, both at the trial court and at the Montana
Supreme Court. 2020 MT 69, 460 P.3d 867 (described above). His current litigation
focuses on federal challenges to the Administration’s asylum and border policies. See,
e.g., Innovation Law Lab v. Wolf, 951 F.3d 1073, 1077 (9th Cir. 2020) (challenge to
administration policy of forcing non-Mexican asylum seekers into Mexico while their
cases are pending), Nora v. Wolf, No. 20-CV-0993-ABJ, 2020 WL 3469670 (D.D.C. June
25, 2020) (same), A.I.I.L. v. Sessions, 19-CV-00481-SHR, (D. Ariz. filed Oct. 3, 2019)
(damages class action against government for separating asylum-seeking families).
25. Morgan Russell. Morgan Russell is a Staff Attorney with the ACLU, where he has
worked since 2019. Mr. Russell graduated from the Cardozo School of Law in 2011 and
clerked for the Honorable James L. Dennis of the Fifth Circuit Court of Appeals. He is a
member of the New York and California bars, and is admitted to practice before the U.S.
Courts of Appeals for the Fifth, Seventh, and Ninth Circuits, and the U.S. District Courts
for the Northern and Central Districts of California.
26. Mr. Russell previously practiced at the Law Offices of Robert B. Jobe, where he litigated
scores of immigration actions before U.S. District Courts, the Ninth Circuit, and other
Courts of Appeals, and argued more than a dozen immigration cases before the Ninth
Circuit. His notable cases include Singh v. Whitaker, 914 F.3d 654 (9th Cir. 2019)
(granting petition for review of immigration agency’s denial of asylum and withholding
relief) and Agonafer v. Sessions, 859 F.3d 1198 (9th Cir. 2017) (finding that immigration
agency abused its discretion in denying motion to reopen noncitizen fleeing persecution
on basis of sexual orientation). See also, e.g., Sanghera v. Sessions, 736 F. App’x 175
(9th Cir. 2018); Gadidas Gonzalez v. Whitaker, 744 F. App’x 387 (9th Cir. 2018);
Alcaraz-Enriquez v. Sessions, 727 F. App’x 260 (9th Cir. 2018); Tuifagalele v. Lynch,
633 F. App’x 634 (9th Cir. 2015).
27. Mr. Russell serves as counsel on a number of immigrants’ rights lawsuits, including East
Bay Sanctuary Covenant v. Barr, I.A. v. Barr, described above, and U.T. v. Barr, No. 20-
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 5 of 10
App. 186
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 13 of 365
CV-00116 (D.D.C. filed Jan. 15, 2020) (challenging policies providing for the removal of
asylum seekers to countries other than their countries of origin).
28. Mr. Russell also serves as co-lead-counsel in Yanes v. Martin, ___F. Supp. 3d ___, 2020
WL 3047515, at *6 (D.R.I. June 2, 2020), a class action seeking habeas and injunctive
relief on behalf of immigration detainees that has secured the release of more than two
dozen individuals.
29. Ming Cheung. Ming Cheung is a fellow at the ACLU. He is a member of the New York
bar and is admitted to practice before the U.S. Court of Appeals for the Fourth Circuit.
He is a 2017 graduate of Harvard Law School. After graduation, he clerked for the
Honorable Roger L. Gregory of the Fourth Circuit Court of Appeals and the Honorable
Valerie Caproni of the U.S. District Court for the Southern District of New York. Since
coming to the ACLU in 2020, he has served as counsel on major cases concerning the
rights of noncitizens facing removal.
I declare under the penalty of perjury under the laws of the United States and California that the
foregoing is true and correct. Executed in Oakland, California.
Dated: January 28, 2021
/s/ Stephen B. Kang
STEPHEN B. KANG
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 6 of 10
App. 187
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 14 of 365
Exhibit $
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 7 of 10
App. 188
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 15 of 365
U.S. Customs and Border Protection (CBP) Encounters
US Border Patrol (USBP) Title 8 Apprehensions,
Office of Field Operations (OFO) Title 8 Inadmissible Volumes,
and Title 42 Expulsions by Fiscal Year (FY)
FY
All
Component
All
Title of Authority
Title 42
Reset Filters
Citizenship Grouping
All
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
0K
1K
2K
3K
4K
Count of Encounters
FY Southwest Land Border Encounters by Month
Demographic
FMUA
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
Total
2021
(FYTD)
2020
2019
2018
10,050
11,465
2,995
2,187
1,563
1,307
871
630
497
3,577
3,671
4,217
FMUA
2018
2019
2020
2021
(FYTD)
0K
5K
10K
Count of Encounters
FY Comparison by
Demographic
FY
2020
2021 (FYTD)
Source: USBP and OFO official year end reporting for FY18-FY20; USBP and OFO month end reporting for FY21 to date. Data is current
as of 1/5/2021.
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 8 of 10
App. 189
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 16 of 365
Exhibit %
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 9 of 10
App. 190
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 17 of 365
U.S. Customs and Border Protection (CBP) Encounters
US Border Patrol (USBP) Title 8 Apprehensions,
Office of Field Operations (OFO) Title 8 Inadmissible Volumes,
and Title 42 Expulsions by Fiscal Year (FY)
FY
Multiple values
Component
All
Title of Authority
Title 8
Reset Filters
Citizenship Grouping
All
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
0K
5K
10K
Count of Encounters
FY Southwest Land Border Encounters by Month
Demographic
FMUA
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
Total
2021
(FYTD)
2020
60,944
2,256
899
528
487
372
181
108
4,138
7,117
8,198
12,053
1,069
13,144
661
13,719
526
FMUA
2020
2021
(FYTD)
0K
20K
40K
60K
Count of Encounters
FY Comparison by
Demographic
FY
2020
2021 (FYTD)
Source: USBP and OFO official year end reporting for FY18-FY20; USBP and OFO month end reporting for FY21 to date. Data is current
as of 1/5/2021.
Case 1:21-cv-00100-EGS Document 23-2 Filed 01/28/21 Page 10 of 10
App. 191
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 18 of 365
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DECLARATION OF MING CHEUNG IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASSWIDE PRELIMINARY INJUNCTION
I, Ming Cheung, Esq., declare as follows:
1.
I submit this declaration in support of Plaintiffs’ Motion for Classwide Preliminary
Injunction. I have personal knowledge of the facts set forth herein, and, if called as a witness, I
could and would testify competently as follows:
2.
Attached as Exhibit A is a true and correct copy of the Act of February 15, 1893, which
enacted the predecessor provision to 42 U.S.C. § 265. See Act of Feb. 15, 1893, ch. 114, § 7, 27
Stat. 449, https://www.loc.gov/law/help/statutes-at-large/52nd-congress/session-
2/c52s2ch114.pdf.
3.
Attached as Exhibit B is a true and correct copy of Executive Order No. 5143, Restricting
for the Time Being the Transportation of Passengers From Certain Ports in the Orient to a United
States Port (June 21, 1929), as downloaded from the HeinOnline database.
4.
Attached as Exhibit C is a true and correct copy of the July 11, 1929, regulation that
implemented Executive Order No. 5143, as contained in the Connecticut Health Bulletin from
September 1929. See Regulations Governing the Embarkation of Passengers and Crew at Ports
in China and the Philippine Islands and Their Transportation to the United States Ports
NANCY GIMENA HUISHA-HUISHA, et al.;
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of
Homeland Security, in his official capacity et al.;
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
No. 21-cv-00100-EGS
Case 1:21-cv-00100-EGS Document 57-4 Filed 02/05/21 Page 1 of 3
App. 192
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 19 of 365
2
Prescribed in Accordance with Executive Order Approved June 21, 1929 (July 11, 1929),
included in Conn. Dep’t of Health, Connecticut Health Bulletin, vol. 43, no. 9, 324-326 (Sept.
1929).
5.
Attached as Exhibit D is a true and correct copy of the Treasury Department’s circular
from September 1, 1892, as contained in the Abstract of Sanitary Reports from September 2,
1892. See U.S. Dep’t of Treasury, Quarantine Restrictions Upon Immigration to Aid in the
Prevention of the Introduction of Cholera into the United States (Sept. 1, 1892) (circular),
included in Abstract of Sanitary Reports, vol 7, no. 36, 445 (Sept. 2, 1892),
https://play.google.com/books/reader?id=3cQhjR-RhXUC&hl=en&pg=GBS.PA445.
6.
On Wednesday, February 3, 2021, I downloaded from the ProPublica website (linking to
the Document Cloud website) a Border Patrol memorandum obtained by ProPublica which
contains information about the implementation of the Title 42 process. See Dara Lind, Leaked
Border Patrol Memo Tells Agents to Send Migrants Back Immediately — Ignoring Asylum Law,
ProPublica (Apr. 2, 2020), https://www.propublica.org/article/leaked-border-patrol-memo-tells-
agents-to-send-migrants-back-immediately-ignoring-asylum-law (linking to
https://www.documentcloud.org/documents/6824221-COVID-19-CAPIO.html). Attached as
Exhibit E is a true and correct copy of this memorandum.
7.
On Wednesday, February 3, 2021, I downloaded a webpage from the site of the U.S.
Customs and Border Protection with statistics of expulsions under the Title 42 policy. See U.S.
Customs and Border Protection, Nationwide Enforcement Encounters: Title 8 Enforcement
Actions and Title 42 Expulsions, https://www.cbp.gov/newsroom/stats/cbp-enforcement-
statistics/title-8-and-title-42-statistics (last updated Jan. 7, 2021). Attached as Exhibit F is a true
and correct copy of this webpage.
Case 1:21-cv-00100-EGS Document 57-4 Filed 02/05/21 Page 2 of 3
App. 193
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 20 of 365
3
8.
Attached as Exhibit G is a true and correct copy of the January 19, 2021 ICE Juvenile
Coordinator Report, filed in Flores v. Rosen, No. 85-cv-04544 (C.D. Cal Jan. 19, 2021), ECF
No. 1064-1, as downloaded from the PACER electronic database.
9.
Attached as Exhibit H is a true and correct copy of the January 15, 2021 CBP Juvenile
Coordinator Report, filed in Flores v. Rosen, No. 85-cv-04544 (C.D. Cal Jan. 15, 2021), ECF
No. 1060-1, as downloaded from the PACER electronic database.
10.
On Thursday, February 4, 2021, I downloaded a webpage from the Internet Archive (also
known as the Wayback Machine), which is an archived copy of a webpage from the site of the
U.S. Immigration and Customs Enforcement as it existed on January 11, 2021, which reported
ICE Detainee Statistics as of January 10, 2021. U.S. Immigration and Customs Enforcement,
COVID-19 ICE Detainee Statistics (updated Jan. 11, 2021),
https://web.archive.org/web/20210112011244/https://www.ice.gov/coronavirus#tab1. Attached
as Exhibit I is a true and correct copy of this webpage.
I, Ming Cheung, declare under penalty of perjury of the laws of the State of New Jersey
and the United States of America that the foregoing is true and correct to the best of my
knowledge and belief.
Executed on February 4, 2021, in Jersey City, New Jersey.
__________________________________
MING CHEUNG, ESQ.
Case 1:21-cv-00100-EGS Document 57-4 Filed 02/05/21 Page 3 of 3
App. 194
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 21 of 365
Exhibit A
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 1 of 53
App. 195
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 22 of 365
FIFTY-SECOND CONGRESS.
SESS. II. CHS. 108, 114. 1893.
449
kinds, for the transit of animals, foot passengers, and all kinds of com-
merce, travel, or communication, and said corporation may charge and
receive reasonable tolls therefor, subject to the approval of the Secre-
Tolls.
tary of War.
SEC. 3. That any bridge built under this act and subject to its limi-
Lawful structure
tations shall be a lawful structure, and shall be recognized and known and post route.
as a post route, and it shall enjoy the rights and privileges of other
post roads in the United States: Provided, That the United States may
Provis.
construct a postal telegraph over said bridge without charge therefor.
o
eeaph.
SEC. 4. That said bridge shall be built and located under and subject
Secretary of War to
to such regulations for the security of navigation of said river as the approve plan. etc.
Secretary of War shall prescribe; and to secure that object, the said
corporation shall submit to the Secretary of War, for his examination
and approval, a design and drawings of the said bridge and a map of
the proposed location, giving, for the space of one mile above and one
mile below the proposed location, the topography of the banks of the
river and the shore lines at high and low water, the direction and
strength of the current at all stages, and the soundings, accurately
showing the bed of the stream, the location of any other bridge or
bridges, and shall furnish such other information as may be required
for a full and satisfactory understanding of the subject, and until the
plan and location of said bridge have been approved by the Secretary
of War, the bridge shall not be commenced or built.
SEC. 5. That all railroad companies desiring the use of any bridge
Use
by
railroad
constructed under this act shall have and be entitled to equal rights companies.
and privileges relative to the passage of railway trains or cars over
the same and over the approaches thereto, upon payment of reasonable
compensation for such use; and in case the owner or owners of said
Compensation.
bridge and the several railroad companies, or any of them, desiring
such use shall fail to agree upon the sum or sums to be paid, and upon
rules and conditions to which each shall conform in using said bridge,
all matters at issue between them shall be decided by the Secretary of
War upon a hearing of the allegations and proof of the parties.
SEC. 6. That said bridge herein authorized to be constructed shall be
Aids to navigation.
so kept and managed at all times as to afford proper means and ways
for the passage of vessels, barges, or rafts, both by day and by night,
and there shall be displayed on said bridge by the owners thereof, front
sunset to sunrise, such lights or other signals as the Light-House
Lights, etc.
Board may prescribe; and such changes shall be made froml time to
Changes.
time in the structure of said bridge as the Secretary of War may direct,
at the expense of said bridge company, in order the more effectutally to
preserve the free navigation of said river.
SEC. 7. That the right to alter, amend, or repeal this act is hereby
Amendment. etc.
expressly reserved, and the right to require any changes in said
structure or its entire removal at the expense of the owners thereof, or
the corporation or persons controlling the same, whenever public inter-
est requires it, is also reserved.
SEC. 8. That this act shall be null and void if actual construction of
Commencement and
the bridge herein authorized be not commenced within one year and completion.
completed within three years fron the date hereof.
Approved, February 14, 1893.
CHAP. 114.-An act granting additional quarantine powers and imposing ad-
February 15,1893.
ditional duties upon the Marine-Hospital Service.
Be it enacted by the Senate and House of Representatives of the United Quarantine.
States of America in Congress assembled, That it shall be unlawful for
any merchant ship or other vessel from any foreign port or place to
Entryofvesselsvio
enter any port of the United States except in accordance with the pro- .unlawfl.
visions of this act and with such rules and regulations of State and
VOI, XXVI-
29
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App. 196
A Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 23 o
450
FIFTY-SECOND CONGRESS.
SESS. II. CH. 114. 1893.
municipal health authorities as may be made in pursuance of, or con-
Penalty.
sistent with, this act; and any such vessel which shall enter, or attempt
to enter, a port of the United States in violation thereof shall forfeit
to the United States a sum, to be awarded in the discretion of the
court, not exceeding five thousand dollars, which shall be a lien upon
Proceedings
said vessel, to be recovered by proceedings in the proper district court
of the United States. In all such proceedings the United States dis
trict attorney for such district shall appear on behalf of the United
States; and all such proceedings shall be conducted in accordance with
the rules and laws governing cases of seizure of vessels for violation
of the revenue laws of the United States.
consular bill
of
SEC. 2. Thattany vessel at any foreign port clearing for any port or
healh required.
place in the United States shall be required to obtain from the consul,
vice-consul, or other consular officer of the United States at the port
of departure, or from the medical officer where such officer has been
detailed by the President for that purpose, a bill of health, in dupli-
cate, in the form prescribed by the Secretary of the Treasury, setting
contents.
forth the sanitary history and condition of said vessel, and that it has
in all respects complied with the rules and regulations in such cases
prescribed for securing the best sanitary condition of the said vessel,
its cargo, passengers, and crew; and said consular or medical officer is
required, before granting such duplicate bill of health, to be satisfied
that the matters and things therein stated are true; and for his serv-
ices in that behalf he shall be entitled to demand and receive such
Fees.
fees as shall by lawful regulation be allowed, to be accounted for as is
required in other cases.
Detailofmedicalofa-
The President, in his discretion, is authorized to detail any medical
cer ateonsate.
officer of the Government to serve in the office of the consul at any
foreign port for the purpose of furnishing information and making the
Penalty for vessel inspection and giving the bills of health hereinbefore mentioned.
Any
Tiolating.
vessel clearing and sailing from any such port without such bill of
health, and entering any port of the United States, shall forfeit to the
United States not more than five thousand dollars, the amount to be
determined by the court, which shall be a lien on the same, to be
recovered by proceedings in the proper district court of the United
Proceeings.
States.
In all such proceedings the United States district attorney for
such district shall appear on behalf of the United States; and all such
proceedings shall be conducted in accordance with the rules and laws
governing cases of seizure of vessels for violation of the revenue laws
of the United States.
Marine-H ospital
SEC. 3. That the Supervising Surgeon-General of the Marine Hospital
health r
to en. Service shall, immediately after this act takes effect, examine the
force rules, etc.
quarantine regulations of all State and municipal boards of health, and
shall, under the direction of the Secretary of the Treasury, co-operate
with and aid State and municipal boards of health in the execution and
enforcement of the rules and regulations of such boards and in the
execution and enforcement of the rules and regulations made by the
Secretary of the Treasury to prevent the introduction of contagious or
infectious diseases into the United States from foreign countries, and
into one State or Territory or the District of Columbia from another
Rules to operate State or Territory or the District of Columbia; and all rules and regu-
unifornly.
lations made by the Secretary of the Treasury shall operate uniformly
Additional rules, and in no manner discriminate against any port or place; and at such
the. Tre.asry wSeere ports and places within the United States as have no quarantine regu-
local regulations are lations under State or municipal authority, where such regulations are,
inadequate.
in the opinion of the Secretary of the Treasury, necessary to prevent
the introduction of contagious or infectious diseases into the United
States from foreign countries, or into one State or Territory or the Dis-
trict of Columbia from another State or Territory or the District of Co-
lumbia, and at such ports and places within the United States where
quarantine regulations exist under the authority of the State or muni-
cipality which, in the opinion of the Secretary of the Treasury, are not
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 3 of 53
App. 197
A Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 24 o
FIFTY-SECOND CONGRESS.
SESS. II.
CH. 114. 1893.
451
sufficient to prevent the introduction of such diseases into the United
States, or into one State or Territory or the District of Columbia from an-
other State or Territory or the District of Columbia, the Secretary of the
Treasury shall, if in his judgment it is necessary and proper, make such
additional rules and regulations as are necessary to prevent the introduc-
tion of such diseases into the United States from foreign countries, or
into one State or Territory or the District of Columbia from another
State or Territory or the Districtof Columbia, and when said rules and
regulations have been made they shall be promulgated by the Secretary
of the Treasury and enforced by the sanitary authorities of the States
Enforcement.
and municipalities, where the State or municipal health authorities
will undertake to execute and enforce them; but if the State or
municipal authorities shall fail or refuse to enforce said rules and regu-
lations the President shall execute and enforce the same and adopt
such measures as in his judgment shall be necessary to prevent the in-
troduction or spread of such diseases, and may detail or appoint officers
for that purpose. The Secretary of the Treasury shall make such rules
Rules for vessels
and regulations as are necessary to be observed by vessels at the port from foreign ports.
of departure and on the voyage, where such vessels sail from any for-
eign port or place to any port or place in the United States, to secure
the best sanitary condition of such vessel, her cargo, passengers, and
crew; which shall be published and communicated to and enforced by
the consular officers of the United States. None of the penalties herein
Rules to be posted
imposed shall attach to any vessel or owner or officer thereof until a n eons' late.
copy of this act, with the rules and regulations made in pursuance
thereof, has been posted up in the office of the consul or other consular
officer of the United States for ten days, in the port from which said
vessel sailed; and the certificate of such consul or consular officer over
his official signature shall be competent evidence of such posting in any
court of the United States.
Sec. 4. That it shall be the duty of the supervising Surgeon-General
Duties of Marine-
of the Marine Hospital Service, under the direction of the Secretary of Hospital Service.
the Treasury, to perform all the duties in respect to quarantine and
quarantine regulations which are provided for by this act, and to ob-
tain information of the sanitary condition of foreign ports and places
from which contagious and infectious diseases are or may be imported
into the United States, and to this end the consular officer of the United
Sanitary reports to
States at such ports and places as shall be designated by the Secretary be made by consuls.
of the Treasury shall make to the Secretary of the Treasury weekly
reports of the sanitary condition of the ports and places at which they
are respectively stationed, according to such forms as the Secretary of
the Treasury shall prescribe; and the Secretary of the Treasury shall
Weekly
domestic
also obtain, through all sources accessible, including State and munici- sanitary reports.
pal sanitary authorities throughout the United States, weekly reports
of the sanitary condition of ports and places within the United States,
and shall prepare, publish, and transmit to collectors of customs and
Publication and dis-
to State and municipal health officers and other sanitarians weekly tribution.
abstracts of the consular sanitary reports and other pertinent infor-
mation received by him, and shall also, as far as he may be able, by
means of the voluntary co-operation of State and municipal authori-
ties, of public associations, and private persons, procure information
relating to the climatic and other conditions affecting the public
health, and shall make an annual report of his operations to Congress,
Annualreport.
with such recommendations as he may deem important to the public
interest.
SEC. 5. That the Secretary of the Treasury shall from time to time
Rules to secnre san-
issue to the consular officers of the United States and to the medical -t"8eles'tI"ns
o°
officers serving at any foreign port, and otherwise make publicly
known, the rules and regulations made by him, to be used and com-
plied with by vessels in foreign ports, for securing the best sanitary
conditions of such vessels, their cargoes, passengers, and crew, before
their departure for any port in the United States, and in the course of
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 4 of 53
App. 198
A Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 25 o
452
FIFTY-SECOND CONGRESS.
SESS. II.
CH. 114. 1893.
Inspection, etc., on the voyage; and all such other rules and regulations as shall be ob-
rra
served in the inspection of the same on the arrival thereof at any quar-
antine station at the port of destination, and for the disinfection and
isolation of the same, and the treatment of cargo and persons on board,
so as to prevent the introduction of cholera, yellow fever, or other con-
vessels not to enter tagious or infectious diseases; and it shall not be lawful for any vessel
filer's terifcate.
to enter said port to discharge its cargo, or land its passengers, except
'upon a certificate of the health officer at such quarantine station certi-
fying that said rules and regulations have in all respects been observed
and complied with, as well on his part as on the part of the said vessel
and its master, in respect to the same and to its cargo, passengers, and
Delivery of papers crew; and the master of every such vessel shall produce and deliver to
to ctoms officer.
the collector of customs at said port of entry, together with the other
papers of the vessel, the said bills of health required to be obtained at
the port of departure and the certificate herein required to be obtained
from the health officer at the port of entry; and that the bills of health
herein prescribed shall be considered as part of the ship's papers, and
when duly certified to by the proper consular or other officer of the United
States, over his official signature and seal, shall be accepted as evidence
of the statements therein contained in any court of the United States.
Infected vessel tobe
SEC. 6. That on the arrival of an infected vessel at any port not pro-
antine staton. q
vided with proper facilities for treatment of the same, the Secretary of
the Treasury may remand said vessel, at its own expense, to the near-
est national or other quarantine station, where accommodations and
appliances are provided for the necessary disinfection and treatment
Certificate
after of the vessel, passengers, and cargo; and after treatment of any in-
fected vessel at a national quarantine station, and after certificate shall
have been given by the United States quarantine officer at said sta-
g
tion that the vessel, cargo, and passengers are each and all free from
infectious disease, or danger of conveying the same, said vessel shall
be admitted to entry to any port of the United States named within
oal
quarantine
the certificate.
But at any ports where sufficient quarantine provision
has been made by State or local authorities the Secretary of the Treas-
ury may direct vessels bound for said ports to undergo quarantine at
said State or local station
Suspension ofimmi-
SEC. 7. That whenever it shall be shown to the satisfaction of the
engce
o
contagious President that by reason of the existence of cholera or other infectious
diseases.
or contagious diseases in a foreign country there is serious danger of
the introduction of the same into the United States, and that notwith-
standing the quarantine defense this danger is so increased by the in-
troduction of persons or property from such country that a suspension
of the right to introduce the same is demanded in the interest of the
public health, the President shall have power to prohibit, in whole or
in part, the introduction of persons and property from such countries
or places as he shall designate and for such period of time as he may
deem necessary.
Comtnensation
for
SEC. 8. That whenever the proper authorities of a State shall surren-
etc.
der to the United States the use of the buildings and disinfecting ap-
paratus at a State quarantine station, the Secretary of the Treasury
shall be authorized to receive them and to pay a reasonable compensa-
tion to the State for their use, if, in his opinion, they are necessary to
the United States.
National board of
SEC. 9. That the act entitled "An act to prevent the introduction of
health abolished.
infectious or contagious diseases into the United States, and to estab-
Vol. 20, . 484.
lish a national board of health," approved March third, eighteen hun-
dred and seventy-nine, be, and the same is hereby, repealed.
And the
Disposition of prop- Secretary of the Treasury is directed to obtain possession of any prop-
erty.
erty, furniture, books, paper, or records belonging to the United States
which are not in the possession of an officer of the United States under
the Treasury Department which were formerly in the use of the
National Board of Health or any officer or employee thereof.
Approved, February 15, 1893.
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 5 of 53
App. 199
A Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 26 o
Exhibit B
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App. 200
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 27 of 365
Executive Orders
Executive Order 5143.
June 21,1929
Srecuttve orber
Restricting for the time being the transportation of passengers from certain
ports in the Orient to a United States port.
Whereas there have arrived periodically at Pacific Coast ports since November
1928, a total of 17 trans-pacific passenger-carrying vessels with epidemic cerebro-
spinal meningitis infection existing on board among Oriental steerage passengers;
And Whereas the continued arrival of vessels having epidemic cerebrospinal
meningitis infection on board has overtaxed the combined available quarantine
facilities of federal and local health authorities and that notwithstanding the
quarantine defense, there exists danger of introducing this disease into the United
States;
Therefore in order to prevent the further introduction of epidemic cerebrospinal
meningitis from foreign ports into the United States, by virtue of the authority
vested in me by Section 7 of the Act of Congress approved February 15, 1893,
entitled "An Act granting additional quarantine powers and imposing additional
duties upon the Marine Hospital Service", it is ordered that no persons may be
introduced directly or indirectly by transshipment or otherwise into the United
States or any of its possessions or dependencies from any port in China (including
Hong Kong) or the Philippine Islands for such period of time as may be deemed
necessary, except under such conditions as may be prescribed by the Secretary of
the Treasury.
This order shall take effect from and after this date.
HERBERT HOOVER
THE WHITE HousE
June 21, 1929.
[No. 5143]
EO 5143
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App. 201
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Exhibit C
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App. 202
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 29 of 365
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 9 of 53
App. 203
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 30 of 365
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 10 of 53
App. 204
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 31 of 365
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 11 of 53
App. 205
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 32 of 365
Exhibit D
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App. 206
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 33 of 365
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 13 of 53
App. 207
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 34 of 365
Exhibit E
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App. 208
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 35 of 365
COYID-I9 CAPIO
U.S. Customs and Border Protection (CBP) and specifically the United States Border Patrol
(USBP) is supporting the U.S. Government's response to the coronavirus disease (abbreviated
"covrD-19)
The Director of the Centers fot Disease Control and Prevention (CDC) under the Authority of
the Public Health Service Act has directed CBP to prohibit the introduction of certain persons
into the United States who, due to the existence of COVID- 19 in countries or places from which
persons are traveling, create a serious danger of the introduction of such disease into the United
States.
When implementing the order, USBP is not operating pursuant to its authorities under Titles 8 or
19. However, Border Patrol agents may rely on their training and experience in detecting,
apprehending and determining whether penons are subject to the CDC order, including but not
limited to the following considerations: physical observation, use of sensors and technology,
physical indicators and tracking techniques, information from third-parties, and deductive
techniques.
Eneountet
o Enforcement efforts on the SWB and NB will be conducted as close to the physical border as
practical with the objective to intercept aliens that are potentially infected with COVID-l9
before firther exposing or contaminating the U.S. public.
o Determine if individual encountered is a U.S. Citizen or an alien.
.
U.S. Citizens and l,awfirl Perrnanent Residents are not subject to the CDC order and will be
processed under existing CBP authorities.
Determine whethet an alien is subiect to the CDC order
Based on training, experience, physical observation, technology, questioning and other
considerations, if an agent believes that it is more likely than not that a person is an alien
seekilg to enter the Unit€d States, without proper travel documentation or otherwise subject
to travel restrictions at or between a POE, coming from or transiting through Canada or
Mexico (regardless of their country of origin), and if such a person was encountered within
the area of operation ofa Border Patol station or POE operated by CBP, the CBP ofEcer or
agent shall apply the CDC order to the person in accordance with the procedures below.
Domiciled aliens encountered within the US will be processed under existing Title 8
authorities and processes. To the extent practical, USBP will leverage field deployed mobile
biometric devices to perform immigration and criminal history checks in real-time for officer
safery.
a
a
Processine
o To the maximum extent possible all processing will be done in the field. Only in eigent
circumstances will aliens be taken into permanent CBP facilities.
o Once USBP detennines an alien is subject to the CDC order, in the field and to the extent
practical, USBP will capture a subject's biographical information and archive data
appropriately.
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USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 36 of 365
The followino rucommzndation
. Agents are not to place subjects in assigned vehicles
. Property is not to be taken into custody
will aoolv for suidance lo the field:
At any time a subject is determined to no longer be amenable under Title 42 CDC Order
agents will process under existing statutory authorities found in Title 8 of the US code.
The authority to make this determination resides with the Chief Patrol Agent and cannot be
delegated below the Watch Commander position. Subjects taken into custody under Title 8 must
be processed under normal Title 8 guidelines (e.g., ER, NTA, etc...)
. Agents are to consider officer safety and safety to the general public at all times.
. The appropriate PPE will be utilized
o Subjects will only be placed in a designated transport vehicle and/or a desipated staging
area
Upon initial encounter the agent will determine if subject is amenable to expulsion under Tille 42
CDC Order
o Contact TOC/Radio Room or utilize e3 Mobile device to create a TSM Event # under
'Operation Capio' and initiate e3 Event from TSM
o Include the number of subjects encountered and veriff that 'Operation Capio' is associated
with designated e3 Event and obtain both TSWe3 Event #'s
o Record both TSIWe-3 #'s on Field Intake Form and fill in the necessary information
required
o Utilize e3 Mobile device to enter biographical information and role fingerprints fo. S@
Onh
. Based on results, should subject still be amenable to being expelled, subject will be
transported to the designated Port of Entry - Should an agent determine a subject is not
amenable to expulsion refer to W
o Field Intake Forms will be required to be brought back to station or designated processing
areas for data entry into TSiWe3 lntake (Note: Ensure that ALL required information is
entered on the Field Intake Form)
Data Entry of Field Intake Form information
o Designated processing personnel will input information from the Field Intake Form into the
appropriate e3 Event #
o Generate an I44 under the appropriate e3 Event # in accordance to provided information
below (Note: Efforts to keep Family Units together should be considered at all times)
o For the purpose of Title 42 the following defrnitions will apply in regard to Family Units and
Unaccompanied Juveniles:
o X'amily Units: A person or persons accompanied by 3$ relative
o Unaccompanied Juvenile: A minor tmder the age of l8 and NOT accompanied
by a relative
. Dispositions for all subjects amenable to immediate expulsion
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NON DEPORTABLE/i''{OT IN CUSTODY
I-tl4 Narrative Required Information:
Subject is one of tal number in orouo. encountered in CITY, SIATE. Subject oppeored to hove
no illness or injuries. Subject wos removed through the PIOE Name under 'Operotion CAPIO", in
occordonce with Title 42 U.S.C Sedion 265.
Subject is member of o Fomily Unit:
FAMILY MEMBER 7: Subjefi Nome
FAMILY MEMBER2:
FAM'LY MEMBER 3
NON DEPORTABLE/IN CUSTODY
The following disposition of W
wiJl apply to all subjects
who cannot be expelled in an expeditious manner and are required to be transfened to a facility.
This is necessary in order to comply with Transport, Escort, Detention, Search (TEDS) & e3
Detention Module (e3 DM).
. Subjects not amenable to being expelled: TSDB, CIMT, Aggravated Feloq Injured Alien,
Non-Immigration Felony Convictions, etc.... or otherwise determined by the Sector Chief
Patrol Ageot or designated official
o Subjects expelled via flights as appropriate or sent to designated Quarantine Facility
. Subjects non amenable to being expelled via a POE - agents will request an ICAD Ticket #
and record on Field Intake Form and subjects will be transferred via local guidelines
. Based on available evidence and only for extenuating circumstances, agents may determine
to process under existing stahrtory authorities found in Title 8 ofthe US code. The authority
to make this determination resides with the Chief Patrol Agent and cannot be delegated
below the Watch Commander position. Subjects taken into custody under Title 8 must be
processed under normal Title 8 guidelines (e.g., E& NTA, etc...)
Transoorlation
USBP will have dedicated transportation vehicles with separation between agents and subjects
encountered to minimize your exposure. At no time shall subjects be transported in USBP
vehicles not designated as COVID-l9 transportation vehicles unless exigent circumstances exist.
.
Subjects will be transported to the nearest POE and immediately retumed to Mexico or
Canad4 depending on their point oftransit.
r Subjects encountered that are not amenable to immediate expulsion to Mexico or Canada
will be transported to a dedicated facility for limited holding prior to expulsion to the alien's
country of citizenship. This varies by sector but should be a tent, soft-sided facility or
predesignated CBPruSBP facility with dedicated space.
. ICE/ERO will take custody ofany subject cleared by HHS or appropriate medical personnel
and follow established procedures under Title 8 or Title 42 as applicable.
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USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 38 of 365
Vehicles utilized to temporarily hold subjects will rmdergo the appropriate sanitation procedures
in place to minimize exposure and possible spread of virus
Convention Asaimt Torture Clrim
Aliens that make an affirmative, spontaneous and reasonably believable claim that they fear being
torhrcd in the country they are being sent back to, will be taken to the designated station and
referred to USCIS. Agents should scek Supervisory Guidance.
. Noti& USCIS
o USCIS determines positive, converted to Title 8, tum over to ERO and entered into 240
proceedings for an Asylum hearing based on Torture.
o Interview by Asylt m Ofiicer while in our custody
.
Secondary review Supervisory Asylum Officer
o USCIS detemfnes negative, continue under Title 42, expel to Mexico or Other.
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Exhibit F
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App. 213
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 40 of 365
2/3/2021
Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions | U.S. Customs and Border Protection
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Official website of the Department of Homeland Security
Nationwide Enforcement Encounters: Title 8
Enforcement Actions and Title 42 Expulsions
On March 21, 2020 the President, in accordance with Title 42 of the United States Code Section 265,
determined that by reason of existence of COVID-19 in Mexico and Canada, there is a serious danger of
the further introduction of COVID-19 into the United States; that prohibition on the introduction of
persons or property, in whole or in part, from Mexico and Canada is required in the interest of public
health. Under this order, CBP is prohibiting the entry of certain persons who potentially pose a health
risk, either by virtue of being subject to previously announced travel restrictions or because they
unlawfully entered the country to bypass health screening measures. To help prevent the introduction
of COVID-19 into border facilities and into the United States, persons subject to the order will not be
held in congregate areas for processing and instead will immediately be expelled to their country of
last transit. In the event a person cannot be returned to the country of last transit, CBP works with
interagency partners to secure expulsion to the person’s country of origin and hold the person for the
shortest time possible. This order does not apply to persons who should be excepted based on
considerations of law enforcement, officer and public safety, humanitarian, or public health interests.
Expulsions under Title 42 are not based on immigration status and are tracked separately from
immigration enforcement actions, such as apprehension or inadmissibility, that are regularly reported
by CBP.
U.S. Border Patrol Monthly Enforcement Encounters 2021: Title 42
Expulsions and Title 8 Apprehensions
U.S. Border Patrol
(USBP)
Enforcement Actions
OCT
NOV
DEC
YTD 21
TOTAL
Southwest Border
Title 42 Expulsions
62,788
60,636
60,010
183,434
Title 8 Apprehensions
6,038
7,876
10,620
24,534
Total
68,826
68,512
70,630
207,968
2
1
(/)
U.S. Customs and
Border Protection
(/)
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2/3/2021
Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions | U.S. Customs and Border Protection
https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics
2/3
U.S. Border Patrol
(USBP)
Enforcement Actions
OCT
NOV
DEC
YTD 21
TOTAL
Northern Border
Title 42 Expulsions
27
66
25
118
Title 8 Apprehensions
47
26
30
103
Total
74
92
55
221
Land Border Total
Title 42 Expulsions
62,815
60,702
60,035
183,552
Title 8 Apprehensions
6,085
7,902
10,650
24,637
USBP - Total Land Border Enforcement Encounters
68,900
68,604
70,685
208,189
Enforcement Actions refers to apprehensions or inadmissibles processed under CBP’s immigration
authority. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful
admission into the United States but are determined to be inadmissible, individuals presenting
themselves to seek humanitarian protection under our laws, and individuals who withdraw an
application for admission and return to their countries of origin within a short timeframe.
Apprehensions refers to the physical control or temporary detainment of a person who is not lawfully
in the U.S. which may or may not result in an arrest.
Expulsions refers to individuals encountered by USBP and OFO and expelled to the country of last
transit or home country in the interest of public health under Title 42 U.S.C. 265.
Back to CBP Enforcement Statistics (/newsroom/stats/cbp-enforcement-statistics)
Office of Field Operations Monthly Enforcement Encounters 2021:
Title 42 Expulsions and Title 8 Inadmissible Aliens
Office of Field
Operations (OFO)
Enforcement Actions
OCT
NOV
DEC
YTD 21
TOTAL
Southwest Border
Title 42 Expulsions
1,900
1,942
1,744
5,586
Title 8 Inadmissibles1
1,000
1,008
1,139
3,147
Total
2,900
2,950
2,883
8,733
Northern Border
Title 42 Expulsions
877
511
750
2,138
Title 8 Inadmissibles
1,706
1,051
1,399
4,156
Total
2,583
1,562
2,149
6,294
Land Border Total
Title 42 Expulsions
2,777
2,453
2,494
7,724
Title 8 Apprehensions
2,706
2,059
2,538
7,303
2
1
2
1
1
2
2
2
1
2
1
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App. 215
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 42 of 365
2/3/2021
Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions | U.S. Customs and Border Protection
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3/3
Last modified: January 7, 2021
Tags: Statistics, Port Security, U.S. Border Patrol
Office of Field
Operations (OFO)
Enforcement Actions
OCT
NOV
DEC
YTD 21
TOTAL
OFO - Total Land Border Enforcement Encounters
5,483
4,512
5,032
15,027
Enforcement Actions refers to apprehensions or inadmissibles processed under CBP’s immigration
authority. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful
admission into the United States but are determined to be inadmissible, individuals presenting
themselves to seek humanitarian protection under our laws, and individuals who withdraw an
application for admission and return to their countries of origin within a short timeframe.
Apprehensions refers to the physical control or temporary detainment of a person who is not lawfully
in the U.S. which may or may not result in an arrest.
Expulsions refers to individuals encountered by USBP and OFO and expelled to the country of last
transit or home country in the interest of public health under Title 42 U.S.C. 265.
Back to CBP Enforcement Statistics (/newsroom/stats/cbp-enforcement-statistics)
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Exhibit G
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JANUARY 19, 2021
ICE JUVENILE
COORDINATOR REPORT
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1
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
JENNY LISETTE FLORES, et. al.,
)
Case No.: CV 85-4544-DMG
)
Plaintiffs,
)
)
v.
)
)
JEFFREY A. ROSEN,
)
Acting Attorney General of the
)
United States, et al.,
)
)
Defendants.
)
)
JANUARY 2021 INTERIM REPORT
OF JUVENILE COORDINATOR DEANE DOUGHERTY
SUBMITTED BY IMMIGRATION AND CUSTOMS ENFORCEMENT
As required by the Court in its order issued on December 4, 2020, U.S. Immigration and
Customs Enforcement (ICE) Juvenile Coordinator Deane Dougherty is submitting the following
interim report to provide an update on the Class Members in the FRCs over 20 days, status of
implementation of COVID-19 guidances, a census of positive COVID-19 cases at the family
residential centers (FRCs), the status of compliance with respect to minors held in Title 42 custody,
and confirmation that ICE continues to comply with requests for information and access to
residents made by Ms. Ordin and Dr. Wise.
Due to the constantly evolving nature of the COVID-19 crisis, and the frequency of custody
and discharge determinations, the information in this report is current and accurate as of the time
of signature, or for the reported data, as of the date or time noted in conjunction with the
information provided.
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2
I. Making and Recording Individualized Custody Determinations and Census of
Minors at FRCs
As of January 8, 2021, there were a total of 141 Class Members at ICE FRCs. The figures
below breakdown these Class Members by age and country of origin.
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3
ICE has been making continuous efforts to release Class Members under applicable
standards throughout the course of this litigation and, where there are no impediments to removal,
those that are subject to final orders of removal are repatriated in accordance with the law.1 This
includes the expeditious release of minors who received a positive credible fear finding by U.S.
Citizenship and Immigration Services (USCIS) pursuant to a request for reconsideration, a process
solely committed to and within the discretion of USCIS and with which ICE is not involved. The
graph below portrays the book-outs by the FRCs from November 10, 2020 to January 8, 2021,
which includes 260 Class Members released into the interior of the United States, 20 Class
Members removed from the United States, and 80 Class Members returned to their country of
origin pursuant to Title 42 authorities.
As of January 8, 2021, 37 Class Members have been detained at an FRC 20 days or more.
Exhibit A. I have reviewed the data provided in Exhibit A, and it has been shared with the Special
Monitor, as required by the December 4, 2020, Order. Because this list must be shared with the
Special Monitor in advance of this filing, the information contained therein may have changed
1 On January 11, 2012, the U.S. District Court for the Western District of Texas issued a stay of removal for named
Plaintiffs in S.L.V. v. Rosen, No. 21-00017 (W.D. Tex. filed Jan 11, 2021). The stay prevented the imminent removal
of at least five families detained at the STFRC. The stay expires 14 days’ from issuance, and a hearing is set in the
district court for January 25, 2021. Additionally, a stay of removal for named Plaintiffs in Huisha-Huisha v. Gaynor,
et al., No. 21-100 (D.D.C. filed Jan. 12, 2021), prevents the expulsion of three families at the KCFRC who are subject
to Title 42.
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4
since the date it was compiled. These individuals, and their accompanying parent(s) or legal
guardian(s), may be subject to the Flores waiver process contemplated in this Court’s September
18, 2020 Order. This process has two parts that remain in development: (1) the Notice of Rights,
and (2) an updated policy or instruction regarding the process that flows from service of the Notice
of Rights where a Class Member and parent or legal guardian consent to the Class Member’s
separate release (Directive). On January 12, 2021, the parties filed the latest court-ordered Joint
Status Report regarding the proposed Notice of Rights and Directive. Once the Court issues a
finalized Notice of Rights and Directive, ICE will update the specific explanations for continued
detention over 20 days as outlined in paragraph 1, 4(c), and 4(d) of the Court’s June 26 Order, in
its interim reporting.
II. Status of ICE’s Implementation of COVID-19 Guidances
I have confirmed that the measures described in the declarations and the Juvenile
Coordinator’s reports, previously submitted to this Court, pertaining to the operational changes the
FRCs have implemented to mitigate the introduction into, and spread of, COVID-19 are still in
effect. As has been the case since the beginning of the pandemic, ICE FRCs are operating well
below maximum capacity, as demonstrated in the chart below.
I am actively monitoring the Department of Homeland Security and ICE guidance with
respect to distributing the COVID-19 vaccination. Due to the limited initial vaccine doses,
vaccinations have begun for law enforcement officers in prioritized phases and in accordance with
U.S. Centers for Disease Control and Prevention (CDC) recommendations and in partnership with
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5
the Veterans Health Administration. One of these prioritized locations is the San Antonio Field
Office, in which both the Karnes and South Texas Family Residential Centers are located. Please
note that the vaccination program is voluntary for ICE personnel. I will update this Court when
more information about the vaccination rollout becomes available, particularly as it may relate to
residents.
III. Report of ICE Facilities Holding Minors and Number of COVID-19 Cases
ICE has been regularly reporting positive COVID-19 cases to the United States District
Court for the District of Columbia, which is overseeing O.M.G. v. Wolf, and the notices of
positive results are also submitted to this Court. The following charts describe the number of
positive COVID-19 cases at the ICE FRCs as of January 8, 2021.
Pursuant to section 4(b)(iv) of this Court’s April 24, 2020 Order, the minors who remain
housed at the ICE FRCs have not been released or transferred to non-congregate settings for two
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6
reasons: (1) because they are either in quarantine or cohorting based on CDC guidance as a result
of testing positive for COVID-19 or they are a new intake and must undergo a 14-day observation
period; and/or (2) because they are housed with their parent or legal guardian whose release is not
appropriate and, as discussed previously, ICE will determine the minor’s eligibility for release
with the consent of a parent or legal guardian in accordance with any future remedy ordered by
the Court.
As of January 8, 2021, Cowlitz County Juvenile Detention Center (“Cowlitz”) has had no
reported cases of COVID-19 by residents or staff.
IV. Additional Policies and Practices Aimed at Identifying and Protecting Minors from
COVID-19
Pursuant to section 5 of the Court’s December 4, 2020 Order, I can confirm that I
facilitated, and participated in a number of telephonic discussions with Ms. Ordin, Dr. Wise, Ms.
Fabian and others to discuss Flores compliance with particular regard to COVID-19 precautions.
Of note is one case in which Dr. Wise was particularly interested involving a four year old with a
shoulder injury that occurred while enroute from Ecuador and was discovered while housed at the
South Texas Family Residential Center (Dilley). While not directly related to Flores oversight,
Dr. Wise acknowledged that the medical care and procedures provided to the child while housed
at Dilley were excellent and followed accepted protocols. Dr. Wise, Ms. Ordin and ICE officials
collaborated to ensure an expedited review of the child’s Reasonable Fear claims which resulted
in release from the facility. Additionally, the family was released with a detailed recommended
medical care plan and referrals for possible future medical care in the local community in which
the family planned to reside while continuing through their immigration proceedings. Ms. Ordin
and I also conferred regarding the status of Title 42 families and UAC as well as the submission
of this report. I have also telephonically provided Ms. Ordin with data and reports on the hoteling
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of minors and families with regard to Title 42 compliance and families who exceeded 20 days in
residence at a FRC.
V. Title 42 Compliance
Pursuant to section 6 of the Court’s September 4, 2020 Order, ordering that the government
maintain records and statistical information on minors held in Title 42 custody, to include an
update regarding the number of minors held in Title 42 custody, and to monitor compliance with
the Agreement with respect to minors held in Title 42 custody, I can confirm that ICE has included
minors temporarily housed by ICE pursuant to Title 42 authorities over 72 hours pending expulsion
in its monthly Paragraph 28A reporting shared with Plaintiffs’ counsel since March 2020, and will
continue to do so. Since the last interim report I filed, advising this Court that KCFRC was
exclusively housing Title 42 families, as of November 22, 2020, KCFRC resumed housing both
Title 42 and Title 8 families.
On November 18, 2020, the U.S. District Court for the District of Columbia issued an order
granting a nationwide preliminary injunction prohibiting the expulsion of unaccompanied alien
children under regulations issued by the Department of Health and Human Services, Centers for
Disease Control and Prevention (CDC) implementing Title 42, Section 265 of the U.S. Code (Title
42). P.J.E.S. v. Wolf, No. 20-cv-02245, (D.D.C. filed Aug. 14, 2020). The district court
invalidated these regulations as applied to a class defined as:
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, whether pursuant
to an Order issued by the Director of the Centers for Disease Control and Prevention
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8
under the authority granted by the Interim Final Rule, 85 Fed. Reg 16559-01, or the
Final Rule, 85 Fed. Reg. 56,424-01.
Id.
Between November 10, 2020, and January 8, 2021, which includes nine days before the
preliminary injunction in P.J.E.S. was issued, ICE temporarily housed a total of 86 minors pending
expulsion under Title 42 processes. Of those, ICE temporarily housed 5 minors at an FRC with
an average length of stay of 7 days; the chart below demonstrates the age categories:
Age Category
# of minors
0 -5 years old
2
6 - 13 years old
2
14 - 17 years old
1
Total
5
ICE temporarily housed 81 minors in hotels, with an average length of stay of 1.4 days; the charts
below demonstrate the age categories and breakdowns by family composition2:
Family Composition
# of minors
Family Unit
2
Family Group
2
Single Minor
77
Total
81
2 As a reminder, the reporting period for Title 42 data includes single minors processed under Title 42 authorities
pre-P.J.E.S. preliminary injunction.
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9
Age Category
# of minors
0 -5 years old
1
6 - 13 years old
6
14 - 17 years old
74
Total
81
Of the 86 minors temporarily housed pursuant to Title 42 by ICE, no minors were held in hotels
for more than 72 hours pending transfer to a licensed facility, and no minors were held in a hotel
for more than 2 days pending an expulsion flight.
Signed on this 19th day of January 2021.
____________________________
Deane Dougherty
Juvenile Coordinator
DEANE D
DOUGHERTY
Digitally signed by DEANE D
DOUGHERTY
Date: 2021.01.19 08:52:09
-05'00'
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ATTACHMENT A
TO JANUARY 15, 2021 ICE
JUVENILE COORDINATOR REPORT
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Det Locat on A‐Numbe
Subject D
Last Name
F st Name
Count y of C t zensh p Code
Book‐In Date B th Date Age Age G oup
F nal O de Date ( as of 1/6/21)
Case Catego y
Spec f c explanat on fo detent on 20 Days
CONGO
9/30/2020
1
0 to 5
9/7/2020
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 08/0
20. On 08 11 20, the IJ affi med the
nega ive decision. The family un t's atto ney f led a RFR on 08/12 20. The RFR was den ed on 08/13/20. The fam ly unit s
attorney submit ed a 2nd RFR on 10/02/20. The RFR was den ed on 10/06/20. The minor had a final order of emoval but cou d
not be removed because the minor/family unit was subject to an administrative stay of removal issued by the U.S. D strict Court
for the Northern Distr ct of Cal fornia on Oc ober 17, 2020, in East Bay Sanctuary Covenant v. Barr, No. 19- 073 (N.D. Cal. Fi ed
Jul. 16, 2019) PI appeal docketed, No. 19-16 87 (9th Cir. iled Jul. 29, 2019). This s ay has now been li ted. The minor is
subject to a inal order of removal and there are no impediments to removal at th s time. Minor is in the process of being
scheduled for removal, which includes working with the consula e o secure travel documents and being tested for COVID-19 as
is required by country of or gin. The minor is from The Democra ic Republic of Congo and lights are occur ing frequen ly. The
family un t is pending Travel documents and awaiting the next ava lable commerc al fl ght for repatria ion. The projected removal
will be
BRAZIL
12/16/2020
2
0 to 5
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor fam ly i lega ly ente ed on 12/08/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 22 20. An APSO rendered a pos tive decision on 12 23 20. The case of icer received
the NTA on 12 23 20. The amily unit is pending release after the sponsor provides the travel arrangements. The fam ly unit
in tially did not have a sponsor and was being prepared for intake at a shelter. Contact was made with Pas o
with
who wi l sponsor the fam ly
CHILE
3/18/2020
2
0 to 5
3/15 2020
[8G] Expedited Removal - Credib e Fear Referral
The minor fam ly rece ved a negative credible fear de ermination by an APSO on 03/26 20. On 0
08 20, the IJ affi med the
decision set by the APSO. The amily un t's a torney f led for a RFR on 0 /10/20. The RFR was denied on 0 /15 20. The amily
un t was schedu ed for removal on 05/05/20. The removal was cancel ed due to the amily un t's a torney f ling a stay of removal
with the Circuit Court of the District of Columbia on 0 /28/20. The DC Circu t Court granted the stay of removal on 0
29 20. On
05 15/20, the administra ive stay was dissolved. The family un t was re-scheduled or removal on 05 26 20. The minor had a
final order of removal but could not be emoved because the family un t was subject to multiple admin st ative s ays of removal
issued in D.A.M v Barr and East Bay Sanctuary Covenant v. Barr. Whi e the stay was in p ace the family un t's attorney iled a
2nd RFR on 06 0 /20. The RFR was den ed on 07/01/20. A RFR was submitted for a 3rd time by the family un t's attorney on
09 23/20. Add tionally, the administrative stays were dissolved. The 3rd RFR was den ed on 12/17/20. The family unit s attorney
submit ed a th RFR on 12/21/20. On 01/08/21, an APSO returned with a positive credib e ear determinat on. The family un t
was re eased on 01/11/21 after the sponsor provided the t avel arrangemen s.
CHILE
3/18/2020
3
0 to 5
3/1
2020
[8G] Expedited Removal - Credib e Fear Referral
Th s minor may be el gible for indiv dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE will
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly received a negative credible fear determination
by an APSO on 03/26 20. On 0
08 20, the IJ affirmed the decision set by the APSO. The amily un t's a torney f led for a RFR
on 0 /10/20. The RFR was den ed on 0 /15/20. The fam ly unit s attorney fi ed a stay of removal w th the Circu t Court of the
District of Columb a on 0
28 20. The DC Circuit Court granted the stay of removal on 0 /29/20. On 05/15/20, the admin st ative
stay was d ssolved. The fam ly unit was scheduled for removal on 05/26 20. The minor had a final order of removal but cou d
not be removed because the fam ly unit was subject to mul ip e administra ive stays of removal issued in D.A.M v Barr and East
Bay Sanctuary Covenant v. Barr. While the stay was in place the family unit's at orney fi ed a 2nd RFR on 06 22/20. The RFR
was denied on 06 25/20. A RFR was subm tted for a 3rd time by the amily unit's a torney on 09/23/20. Addit onally, the
administrative stays we e dissolved. The 3rd RFR was den ed on 12/11/20. The family unit s attorney submitted a th RFR on
12 21/20. The RFR dec s on is pending.
HONDURAS
9/1 /2019
3
0 to 5
9/30 2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 09/23 19. On 09 30 19, the IJ affi med the
decision set by the APSO. The amily un t's a torney f led for a RFR on 10/09/19. The RFR was denied on 10/09 19. The minor
had a final order of removal but cou d not be removed because the family un t was subject to multiple admin strative stays of
removal issued in M.M.V v Barr, D.A M v Barr and East Bay Sanctuary Covenant v. Barr. Wh le the stay was in place the fam ly
un t s attorney iled a 2nd RFR on 09/2 /20. The RFR was denied on 10/20/20. The admin strative stays have been dissolved.
The minor is subject to a final order of removal and there are no impediments to emoval at th s ime. Minor is in the process of
being scheduled for removal, which includes working with the consulate to secure t avel documents and being tested or COVID
19 as is required by country of o igin. The next p ojec ed date of removal s 01 13/21.
VENEZUELA
12/19/2020
0 to 5
10/15/2020
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly unit ordered removed on 10 15 20 by an IJ under MPP. The minor/fam ly unit il egally re-entered on 12/17/20.
As per HQ-R O, the family unit removal has been denied. The fam ly unit was re eased on 01/08/21 after the sponsor provided
the travel arrangements.
HONDURAS
9/1/2019
5
0 to 5
8/30 2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 09/0
19. On 09 18 19, the IJ affi med the
decision set by the APSO. The minor had a final order of emoval but cou d not be removed because the fam ly unit was subject
to multiple admin st ative s ays of removal ssued in M M.V v Barr and D.A M v Barr. The fam ly unit s attorney filed for a RFR
on 09/30/20. The RFR was den ed on 10/07/20. The administrative stays have been dissolved. The minor is subject to a final
order of removal and there are no impediments to removal at this time. Minor is in the process of being scheduled or removal,
which includes working with the consulate to secure t avel documents and being tested or COVID-19 as is required by country
of origin. The minor family un t was schedu ed for removal on 11/11/2020. The fl ght was cancelled due to weather and airport
damage. The next projec ed date of removal s 01/13/21.
CUBA
11/19/2020
5
0 to 5
12/19/2019
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly init a ly il ega ly entered on 09 18 2019, processed as MPP and returned to Mexico. The amily un t was
ordered removed o Cuba on 12/19/2019 by an IJ. On 11/18/20, the fam ly unit llegally re-entered. As per the Government of
Cuba, the family un t was been approved for removal. The family un t was removed from the emoval fl ght to Cuba schedu ed
for 12 29 2020 due to testing pos tive for Cov d-19. The pro ected removal wi l be
.
VENEZUELA
12/19/2020
5
0 to 5
10/22/2020
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly unit ordered removed on 10 22 20 by an IJ under MPP. The minor fam ly unit il egally re-entered on 12/17/20.
As per HQ-R O, the family unit removal has been denied. The fam ly unit was re eased on 01/08/21 after the sponsor provided
the travel arrangements.
MEXICO
12/8/2020
6
6 to 13
12/16/2020
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly unit c aimed fear returning to their country of cit zenship on 12/0 /20. The fam ly unit was scheduled for their
asylum interview on 12/1 /20. The minor/fam ly was issued a negative decision by an APSO on 12/16/20. The fam ly unit did no
request an IJ review of the nega ive determination. The fam ly unit changed their mind and requested an IJ rev ew of the
nega ive decision. IJ hearing schedu ed for 01 06/21. The family un t's atto ney f led a RFR on 01/08 21. An APSO ssued a
posi ive decision on 01/11/21. The family unit will be released after the sponsor provides the travel arrangements.
BRAZIL
12/15/2020
6
6 to 13
3/12 2020
[16] Reinstated Final Order
h s m nor may be el g ble for ind v dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE will
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly unit claimed fear returning o their country of
c tizenship on 12/1 /20. The family un t was schedu ed for their asylum interview on 01/0 /21. The minor/fam ly was issued a
nega ive decision by an APSO on 01/05/21. The fam ly unit did not request an IJ review of the negative determinat on. On
01 09/21, the amily unit changed their mind and is now requesting an IJ review of the negative dec s on set by the APSO. The
decision s pending.
BRAZIL
12/18/2020
7
6 to 13
N/A
Other - T tle 2 Return
T 2 return fl ght tentative for 01 1
21.
ROMANIA
12/18/2020
7
6 to 13
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 28 20. An APSO ssued a NTA on 12 28/20. The case o ficer eceived the NTA on
01 03/21. The amily un t is pending release after the sponsor provides the travel arrangemen s.
CUBA
11/26/2020
8
6 to 13
11/19/2019
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly init a ly il ega ly entered on 08 26 2019, processed as MPP and returned to Mexico. The amily un t was
ordered removed in absentia to Cuba on 11/19 2019 by an IJ. On 11/2 /20, the amily un t i lega ly re-en ered. As per the
Government of Cuba, the fam ly unit has been approved for removal. The family un t was removed from the CE cha ter o Cuba
scheduled for 12/29/2020 due to the at orney submit ing an emergency stay. The stay was denied. The projected removal w ll be
ROMANIA
12/1 /2020
8
6 to 13
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
ly i lega ly ente ed on 12/11/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 29 20. An APSO ssued a NTA on 12 31/20. The case o ficer eceived the NTA on
12 31/20. The amily un t was released on 01 09/21 a ter the sponsor prov ded the travel arrangements.
GHANA
12/9/2020
9
6 to 13
In Proceedings
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly unit c aimed fear returning to their country of cit zenship on 12/05/20. The fam ly unit was scheduled for their
asylum interview on 12/17/20. The minor/fam ly was issued a negative decision by an APSO on 12/22/20. The fam ly unit
requested an IJ rev ew of the nega ive determination. The IJ hearing was scheduled or 12/31 20. The IJ vaca ed the dec s on
set by the APSO on 12/31/2020. USCIS ssued the NTA on 01/05/2021. The fam ly unit was released on 01/09/21 after the
sponsor prov ded the travel arrangements.
EL SALVADOR
8/27/2019
9
6 to 13
9/18 2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 09/02 19. On 09 18 19, the IJ affi med the
decision set by the APSO. The minor had a final order of emoval but cou d not be removed because the fam ly unit was subject
to multiple admin st ative s ays of removal ssued in M M.V v Barr, D.A.M v Ba r, and M.D C v Wo f. The fam ly unit s attorney
fi ed for a RFR on 09/2 /20. The RFR was den ed on 10/15/20. The administrative stays have been dissolved. The minor is
subject to a inal order of removal and there are no impediments to removal at th s time. Minor is in the process of being
scheduled for removal, which includes working with the consula e o secure travel documents and being tested for COVID-19 as
is required by country of or gin. The projected removal date s 1/12/21.
HONDURAS
9/11/2019
10
6 to 13
10/17/2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 08/28 19. On 10 17 19, the IJ affi med the
decision set by the APSO. The minor had a final order of emoval but cou d not be removed because the fam ly unit was subject
to multiple admin st ative s ays of removal ssued in M M.V v Barr, D.A.M v Ba r, and M.D C v Wo f. The fam ly unit s attorney
fi ed for a RFR on 09/22/20. The RFR was den ed on 10/07/20. The administrative stays have been dissolved. The minor s
subject to a inal order of removal and there are no impediments to removal at th s time. Minor is in the process of being
scheduled for removal, which includes working with the consula e o secure travel documents and being tested for COVID-19 as
is required by country of or gin. The projected removal date s 1/13/21.
CONGO
12/11/2020
11
6 to 13
12/31/2020
[8G] Expedited Removal - Credib e Fear Referral
he minor fam ly i lega ly ente ed on 2 09 2020 and claimed fear of returning to their home country. he amily un t was
scheduled for an asylum interv ew on 12 17 20. The minor/ amily unit received a negative CF decision from APSO on 12/18/20.
IJ affirmed APSO's negative CF decision on 12/31/20. The minor is subject o a final o der of removal and there a e no
impediments to removal at th s time. Minor is in the process of being scheduled for removal, which includes working with the
consulate to secure travel documents and being tested or COV D 19 as is required by country of or gin. The fam ly unit s
pending Travel documents and awai ing next ava lable commerc al fl ght for repatria ion. The next projected removal w ll be
.
BRAZIL
12/18/2020
11
6 to 13
N/A
Other - T tle 2 Return
2 re urn fl ght tentative for 01 1
21.
ROMANIA
12/19/2020
11
6 to 13
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 01 0
21. An APSO rendered a pos tive decision on 01 06 21. The case of icer received
the NTA on 01 06 21. The amily unit was released on 01 09/21 af er the sponsor prov ded the travel arrangements.
HONDURAS
8/27/2019
11
6 to 13
8/26 2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 09/03 19. On 09 18 19, the IJ affi med the
decision set by the APSO. The minor had a final order of emoval but cou d not be removed because the fam ly unit was subject
to multiple admin st ative s ays of removal ssued in M M.V v Barr, D.A.M v Ba r, East Bay Sanctuary Covenant v. Barr, and
M.D C v Wo f. The fam ly unit s attorney fi ed for a RFR on 09/23/20. The RFR was den ed on 10/19/20. The administrative
stays have been dissolved. The minor s subject to a inal order of removal and there are no impediments to removal at this time
Minor is in the process of being scheduled for removal, which includes working with the consulate to secure travel documents
and being ested for COVID-19 as s required by country of origin. The projected removal date is 1/13/21.
EL SALVADOR
12/13/2020
12
6 to 13
9/18 2019
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
Th s minor may be el gible for indiv dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE will
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly init ally il egally en ered on 07/12/2019,
processed as MPP and returned o Mexico. The amily unit was o dered removed in absent a on 12 18 2019 by an IJ. On
12 10/20, the amily unit i lega ly re-entered. The minor is subject o a final o der of removal and there a e no impedimen s o
removal at th s ime. Minor is in the process of being scheduled for removal, which includes working with the consulate o secure
travel documen s and being tes ed for COVID-19 as is required by count y of origin. On 12/31 2020, the fam ly unit en ered a
motion o reopen. The decision s pending.
CUBA
11/26/2020
12
6 to 13
11/19/2019
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly init a ly il ega ly entered on 08 26 2019, processed as MPP and returned to Mexico. The amily un t was
ordered removed in absentia to Cuba on 11/19 2019 by an IJ. On 11/2 /20, the amily un t i lega ly re-en ered. As per the
Government of Cuba, the fam ly unit has been approved for removal. The family un t was removed from the CE cha ter o Cuba
scheduled for 12/29/2020 due to the at orney submit ing an emergency stay. The stay was denied. The projected removal w ll be
UZBEKISTAN
12/19/2020
12
6 to 13
In Proceedings
[8G] Expedited Removal - Credib e Fear Referral
h s m nor may be el gible for indiv dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE will
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly unit claimed fear returning o their country of
c tizenship on 12/16/20. The family un t was schedu ed for their asylum interview on 12/29/20. The minor/fam ly was issued a
nega ive decision by an APSO on 12/31/20. The fam ly unit requested an IJ rev ew of the negative determina ion. The IJ
hearing s schedu ed for 01/08/21. The dec s on is pending.
HONDURAS
12/16/2020
13
6 to 13
9/25 2019
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
Th s minor may be el gible for indiv dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE w ll
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly unit in tially llegally entered on 02/16/2019. The
family un t was ssued a NTA and released. On 09/25 2019, the fam ly unit was ordered removed in absentia by an IJ. The
family un t fai ed to eport on mu tiple occasions. The amily unit was apprehended in Houston, TX on 12/15/2020. The minor s
subject to a inal order of removal and there are no impediments to removal at th s time. Minor is in the process of being
scheduled for removal, which includes working with the consula e o secure travel documents and being tested for COVID-19 as
is required by country of or gin. On 01/0 /2021, the family un t entered a mo ion to reopen. The decision is pending.
BRAZIL
12/18/2020
1
1 to 17
N/A
Other - T tle 2 Return
T 2 return fl ght tentative for 01 1
21.
GHANA
12/9/2020
1
1 to 17
In Proceedings
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly unit c aimed fear returning to their country of cit zenship on 12/05/20. The fam ly unit was scheduled for their
asylum interview on 12/17/20. The minor/fam ly was issued a negative decision by an APSO on 12/22/20. The fam ly unit
requested an IJ rev ew of the nega ive determination. The IJ hearing was scheduled or 12/31 20. The IJ vaca ed the dec s on
set by the APSO on 12/31/2020. USCIS ssued the NTA on 01/05/2021. The fam ly unit was released on 01/09/21 after the
sponsor prov ded the travel arrangements.
GUATEMALA
12/3/2020
1
1 to 17
12/31/2020
[8G] Expedited Removal - Credib e Fear Referral
Th s minor may be el gible for indiv dual elease f the parent des gnates a caregiver to whom the minor can be released. As of
today, a parent has not des gnated a caregiver or requested that the minor be released separately from her or him. ICE will
de ermine the minor’s e igibi ity for release with the consent of a parent or guard an in accordance w th the process finalized and
approved by the court as contemplated in the 09/18 20 order. The minor/fam ly unit claimed fear returning o their country of
c tizenship on 12/01/20. The family un t was schedu ed for their asylum interview on 12/15/20. The minor/fam ly was issued a
nega ive decision by an APSO on 12/15/20 and did not request a review from the IJ. On 12 21/20 the fam ly unit changed their
mind and requested an IJ review of the negative determinat on. The IJ hearing was scheduled for 12/31/20. The IJ a firmed the
nega ive decision on 12/31/20. The fam ly unit s at orney submit ed a request for RFR on 01 06/21. The decision is pending.
The minor/fam ly is scheduled for a F G with USCIS on 01 11 21.
ROMANIA
12/18/2020
1
1 to 17
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 28 20. An APSO ssued a NTA on 12 28/20. The case o ficer eceived the NTA on
01 03/21. The amily un t is pending release after the sponsor provides the travel arrangemen s.
ROMANIA
12/18/2020
1
1 to 17
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 28 20. An APSO ssued a NTA on 12 28/20. The case o ficer eceived the NTA on
01 03/21. The amily un t is pending release after the sponsor provides the travel arrangemen s.
HONDURAS
11/11/2020
15
1 to 17
2/25 2020
[8C] Excludab e / Inadmissib e - Admin strative Final Order Issued
The minor/fam ly unit in tially l egally entered on 10/03/2018. The fam ly unit was issued a NTA and released. On 02/25/2019
the fam ly unit was ordered removed in absentia by an IJ. The fam ly unit was apprehended in Beaumont, TX on 11/10/2020.
The minor is subject to a final order of removal and there are no impediments to emoval at th s ime. Minor is in the process of
being scheduled for removal, which includes working with the consulate to secure t avel documents and being tested or COVID
19 as is required by country of o igin. The next p ojec ed date of removal s 01 13/21.
ROMANIA
12/19/2020
15
1 to 17
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 01 0
21. An APSO rendered a pos tive decision on 01 06 21. The case of icer received
the NTA on 01 06 21. The amily unit was released on 01 09/21 af er the sponsor prov ded the travel arrangements
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9/11/2019
15
1 to 17
10/3 2019
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly received a negative credible fear de ermination by an APSO on 09/25 19. On 10 03 19, the IJ affi med the
decision set by the APSO. The minor had a final order of emoval but cou d not be removed because the fam ly unit was subject
to multiple admin st ative s ays of removal ssued in M M.V v Barr, D.A.M v Ba r, and M.D C v Wo f. The fam ly unit s attorney
fi ed for a RFR on 10/07/19. The RFR was den ed on 10/17/19. A 2nd RFR was f led by the amily un t's a torney on 09/25/20.
The RFR was denied on 10/22 20. Addit onally, the admin strative stays have been dissolved. The minor is subject o a final
order of removal and there are no impediments to removal at this time. Minor is in the process of being scheduled or removal,
which includes working with the consulate to secure t avel documents and being tested or COVID-19 as is required by country
of origin. The pro ected removal date is 1/13/21.
12/18/2020
16
1 to 17
N/A
Other - T tle 2 Return
T 2 return fl ght tentative for 01 1
21.
12/9/2020
16
1 to 17
In Proceedings
[8G] Expedited Removal - Credib e Fear Referral
The minor/fam ly unit c aimed fear returning to their country of cit zenship on 12/05/20. The fam ly unit was scheduled for their
asylum interview on 12/17/20. The minor/fam ly was issued a negative decision by an APSO on 12/22/20. The fam ly unit
requested an IJ rev ew of the nega ive determination. The IJ hearing was scheduled or 12/31 20. The IJ vaca ed the dec s on
set by the APSO on 12/31/2020. USCIS ssued the NTA on 01/05/2021. The fam ly unit was released on 01/09/21 after the
sponsor prov ded the travel arrangements.
12/18/2020
17
1 to 17
In Proceedings
[8K] Expedi ed Removal Termina ed due to Credible Fear Finding / NTA Issued
The minor/fam ly i lega ly ente ed on 12/15/2020 and claimed fear of returning to their home country. The amily un t was
scheduled for an asylum interv ew on 12 28 20. An APSO ssued a NTA on 12 28/20. The case o ficer eceived the NTA on
01 03/21. The amily un t is pending release after the sponsor provides the travel arrangemen s.
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Exhibit H
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JANUARY 15, 2021
CBP JUVENILE
COORDINATOR REPORT
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1300 Pennsylvania Avenue NW
Washington, DC 20229
January 15, 2021
MEMORANDUM FOR:
The Honorable Judge Gee
District Judge
U.S. District Court, Central District of California
FROM:
Henry A. Moak, Jr.
Chief Accountability Officer
U.S. Customs and Border Protection
SUBJECT:
CBP Juvenile Coordinator Interim Report
On December 4, 2020, this Court ordered the U.S. Customs and Border Protection (CBP)
Juvenile Coordinator to file an interim report “providing a census of Class Members in CBP
custody, describing COVID-19 guidances, and specifically addressing whether the conditions at
the Weslaco Border Patrol Station [(WSL)] are safe and sanitary under [Flores Settlement
Agreement (FSA)] Paragraph 12.” The CBP Juvenile Coordinator submits the following report
in response to this Court’s December 4, 2020 Order. This report does not reflect all FSA
monitoring activities conducted since filing the 2020 CBP Juvenile Coordinator report. A
comprehensive account of FSA monitoring across the Southwest Border will be included in the
annual CBP Juvenile Coordinator report to be filed on July 1, 2021. Based on my review of
COVID-19 guidance issued and my team’s observations of its implementation, I believe WSL
was substantially compliant with the FSA, specifically the safe and sanitary conditions under
FSA Paragraph 12.
Background
CBP continues to assist the Centers for Disease Control and Prevention (CDC) in enforcing its
Order Suspending Introduction Of Persons From A Country Where A Communicable Disease
Exists (March 20, 2020) as amended and extended.1 On November 18, 2020, the U.S. District
Court for the District of Columbia issued a preliminary injunction prohibiting the U.S.
Department of Homeland Security (DHS) from expelling any minor in the U.S. pursuant to the
CDC Order who would otherwise be an unaccompanied alien child (UAC) under Title 8.2 As of
the filing date of this report, the government may still expel single adults and family units in the
United States traveling from Canada or Mexico (regardless of their country of origin) who would
1 See, 85 Fed. Reg. 16567 (Mar. 24, 2020).
2 See, P.J.E.S. v. Wolf, et al., No. 1:20-cv-02245 (D.D.C. Nov. 18, 2020). See also, 6 U.S.C. § 297(g)(2) (defining
unaccompanied alien child as a child who: (a) has no legal status in the U.S.; (b) has not attained 18 years of age;
and (c) does not have a parent or legal guardian in the U.S. or whose parent or legal guardian is not able to provide
care and physical custody).
1/15/2021
X
Signed by: HENRY A MOAK JR
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CBP Juvenile Coordinator Interim Report
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otherwise be held in ports of entry or U.S. Border Patrol (USBP) stations for immigration
processing.
Since filing my 2020 annual report, the USBP Rio Grande Valley (RGV) Sector has adapted to
new operational tempos related to reduced numbers of individuals in custody and long-scheduled
renovations of certain facilities. RGV Sector completed demobilizing the soft-sided facility in
Donna, Texas in May 2020, and in September 2020, suspended operations at the Central
Processing Center-Ursula (CPC-Ursula) in McAllen, Texas in order to complete renovations at
the latter facility. As a result, WSL is currently operating as the primary processing hub for both
UACs and family units apprehended in RGV Sector.
On November 18, 2020, Plaintiffs interviewed three class members in WSL and submitted
declarations that included statements alleging lack of social distancing, crowded hold rooms,
cold temperatures, no soap or hand sanitizer available for handwashing, limited or no facemasks
provided to individuals in custody, and personnel not wearing facemasks inside the holding area.
In response, I directed the Juvenile Coordinator’s Office (JCO) to conduct inspections in the
RGV Sector, and advise me of their findings. The results of the JCO inspection specifically
related to WSL and the station’s implementation of COVID-19 guidance are included in this
report.
Census of Class Members in Custody
From October 1, 2020 through December 31, 2020, USBP reported 207,968 encounters along the
Southwest land border, which is considerably higher than the encounters reported in Fiscal Year
(FY) 2020 for the same period.3 However, in FY2021 to date, the overwhelming majority of
these encounters were with single adults.4 USBP encounters with UACs and family units
accounted for only 13% of all December 2020 enforcement encounters.5 By comparison, in May
2019, the height of the 2019 surge, UAC and family units accounted for 72% of USBP
Southwest land border enforcement encounters.6 In RGV Sector specifically, there were 5,184
UAC enforcement encounters and 4,275 family unit enforcement encounters from October 1 to
December 31, 2020.7 These encounters represent a 55% increase in UAC enforcement
encounters and a 35% decrease in family unit enforcement encounters compared to the same
period in FY2020.8
3 See, Southwest Land Border Encounters, U.S. Department of Homeland Security, Customs and Border Protection,
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters, (last visited January 14, 2021).
4 Id.
5 Id.
6 Id. See also, Stats and Summaries, U.S. Department of Homeland Security, Customs and Border Protection,
https://www.cbp.gov/newsroom/media-resources/stats, (last visited January 15, 2021).
7 See, U.S. Border Patrol Southwest Border Apprehensions by Sector, U.S. Department of Homeland Security,
Customs and Border Protection, https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters/usbp-sw-
border-apprehensions, (last visited January 14, 2021).
8 Id.
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For all USBP facilities along the Southwest Border, maximum facility capacity is approximately
11,200. 9 Maximum facility capacity assumes a homogenous population and full operating status
at all facilities.10 The actual holding capacity along the Southwest Border, and more specifically
by facility, is constantly changing based on the characteristics of the in-custody population.11
For example, a facility’s actual holding capacity may change based on the demographics and
genders of individuals in custody to ensure the safety of all individuals in custody.12 In
December 2020, there was an average daily population of 634 individuals in USBP custody
along the Southwest Border.13 The average daily population of individuals in RGV Sector was
120 in December 2020.14
To address COVID-19 concerns, to the maximum extent operationally feasible, CBP has a
current targeted holding capacity of 25% of a facility’s normal operational capacity. This target
was developed for CBP planning purposes, taking into account COVID-19 considerations and
precautions to minimize exposure risk as well as account for additional space requirements for
social distancing and isolation/quarantine requirements. In facilities where class members are
held, it is not always operationally feasible to stay below the 25% target, and there have been
instances where class members were held in facilities with an in-custody population above this
target. In these circumstances, CBP still makes every effort to minimize the risk of exposure,
including wearing appropriate Personal Protective Equipment (PPE), distributing surgical
facemasks to individuals in custody, and following CDC social distancing recommendations.
COVID-19 Guidance
CBP is committed to protecting the health of individuals in its custody and its workforce. As the
pandemic unfolds, CBP continues to monitor on-the-ground conditions and respond accordingly
to balance mission requirements and health considerations. CBP has coordinated closely and
regularly with the CDC regarding COVID-19 guidance since the onset of the pandemic and
continues to update, refine, and enhance guidance as appropriate. As with any dynamic
operating environment, flexibility is crucial. CBP has issued agency-wide COVID-19 guidance,
which establishes general guidelines. Sector and station leadership implement these guidelines
consistent with their unique situational demands.
The CBP COVID Toolkit, developed by the CBP Chief Medical Officer and CBP Office of
Human Resource Management/Occupational Safety and Health Division (OSH), in consultation
with DHS Headquarters and the CDC, contains extensive guidance regarding COVID-19
practices, including COVID exposure risk assessment (contact tracing), isolation/quarantine
guidance, and return-to-work guidance. The CBP Chief Medical Officer also engages regularly
and directly with operational and medical leadership along the border regarding optimization of
COVID-19 practices.
9 See, Custody and Transfer Statistics FY2021, U.S. Department of Homeland Security, Customs and Border
Protection, https://www.cbp.gov/newsroom/stats/custody-and-transfer-statistics, (last visited January 14, 2021).
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
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The CBP Job Hazard Analysis (JHA) is included in the CBP COVID Toolkit. The JHA was
developed under the direction of the CBP Chief Medical Officer and OSH, and focuses on CBP-
wide job-task specific COVID exposure risk and PPE guidance. The JHA outlines the
recommended or required PPE all CBP personnel must wear during specific job-tasks.
Depending on the situation, PPE required or recommended by the JHA may include any
combination of the following items: nitrile gloves, N-95 respirator, protective outer garments,
gowns, shoe coverings, face shields, or non-vented goggles. Per the JHA, USBP agents must
wear an N-95 respirator when they are within six feet of anyone, gloves when touching
potentially contaminated surfaces, and goggles or a face shield during any increased risk
situations. In addition, agents must wear a face covering or surgical facemask if further than six
feet but still in contact with individuals in custody or personnel.
In addition to the CBP-wide guidance, USBP issued field guidance reiterating the JHA
requirements related to PPE and requiring agents to distribute PPE to individuals in custody as
appropriate. Furthermore, the guidance requires agents to use only designated transport units
equipped with appropriate PPE and sanitized per sector protocol. Additionally, USBP issued
two COVID-19 checklists to facilitate contract tracing after a known exposure. Both have
specific steps for supervisors and employees, depending on their responsibilities, to notify any
individuals in custody of their potential exposure. Moreover, the medical checks conducted by
contracted medical professionals or local health facilities for all juveniles entering USBP
custody, described in my last report, now include targeted COVID-19 questions in addition to the
standard medical questions. All juveniles receive an initial medical check, which includes a
temperature check and COVID-19 questions as well as standard medical questions. Any
juveniles needing further diagnosis and treatment are referred to the local health system as
needed.
Specific to RGV Sector, Sector leadership issued the “Revised Rio Grande Valley Sector
Guidelines for COVID-19 Spread Mitigation in the Workplace” memorandum on September 9,
2020 to re-emphasize existing CBP guidance and update Sector-specific requirements. This
memorandum specifically requires agents to wear an N-95 respirator when processing,
transporting, arresting, or performing any other duty that may require an agent to be in close
and/or prolonged proximity to individuals in custody. It also requires that any individual in
custody with known or potential COVID-19 receive a surgical facemask. While this
memorandum specifically requires surgical facemasks for individuals in custody who are known
or suspected of being positive for COVID-19, the current practice is to assume that any person in
custody has potential COVID-19 exposure or infection and provide surgical facemasks. At
WSL, JCO observed that surgical facemasks were provided to all individuals entering the
facility. The juveniles my team interviewed confirmed that agents provided facemasks following
apprehension in the field and that they had received new facemasks throughout their time in
custody.
Weslaco Station (WSL)
On December 1, 2020 at 9:00 AM, JCO conducted an announced inspection at WSL. At the
time of the inspection, there were 51 juveniles onsite, 49 UACs and two accompanied alien
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children (AAC). WSL was operating below its targeted COVID-19 holding capacity of 25% of
the station’s total capacity.
Juveniles were in 11 hold rooms, and JCO inspected each one. All hold rooms had functioning
toilets with toilet paper and functioning sinks with soap. One hold room had a malfunctioning
sink; however, there were two other functioning sinks available in that hold room, and a work
order had been submitted for the malfunctioning sink. The hold rooms and processing area were
clean, and no sanitary issues were observed. Each hold room had a five-gallon water jug and
cups available for drinking. All hold rooms measured within the temperature range of 66 to 80
degrees Fahrenheit. JCO observed a separate designated caregiver area, where the younger
juveniles could play. Contracted caregivers were onsite, and JCO confirmed they worked seven
days a week.
JCO observed the food and supplies available for agents to provide to juveniles. An agent
explained that a food services contractor prepared and distributed meals three times a day. Baby
formula, cookies, crackers, Pedialyte, milk, and juice were available and within the expiration
date. Diapers, baby wipes, body soap, toothbrushes and toothpaste, shampoo, deodorant, and
feminine hygiene products were also available. JCO observed various types of clothing available
in multiple sizes for juveniles and adults.
JCO pulled a sample of six juveniles currently onsite and reviewed their custody logs. All six
custody logs recorded receipt of a new surgical facemask mask. All six juveniles’ custody logs
recorded showers, clean clothes, and dental hygiene products provided. While five of the
custody logs recorded welfare checks at regular intervals, showing adequate supervision to
protect the juvenile from others, one had a four-hour gap around dinnertime. Although there was
a gap in recordation, JCO observed agents moving through the processing area and caregivers
onsite engaging with juveniles to provide consistent supervision. Three of the custody logs did
not record that a mat and Mylar blanket had been provided, although JCO observed that all
juveniles had both. While no juveniles were receiving medical care while JCO was onsite, all
had the required medical checks recorded in their custody logs.
Throughout the inspection, my team paid special attention to how WSL implemented COVID-19
guidance and the measures taken to prevent the spread of COVID-19. JCO observed juveniles
arriving to the station through the sally port. As the juveniles exited the vehicle, JCO observed
that they were wearing surgical masks. In the sally port, medical contractors stood by to conduct
medical checks and provide a new surgical facemask. Medical contractors asked specific
questions from a COVID-19 questionnaire and completed the standard medical check, which
included taking the juvenile’s temperature. Medical contractors informed JCO that juveniles
with possible COVID-19 symptoms remained in the sally port until being transported to a local
hospital for further evaluation. If the hospital determined the juvenile was positive for COVID-
19 or another contagious disease, the juvenile was taken to a different station for isolation. At
the time of this inspection, Brownsville Station was designated as the medical isolation station.
If the juveniles did not have possible COVID-19 symptoms, they received a more detailed
medical check before entering the facility.
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The Acting Watch Commander ((A) WC) informed JCO that agents provided surgical facemasks
to juveniles upon apprehension and these surgical facemasks were routinely replaced throughout
juveniles’ time in custody. When briefing the WSL Acting Patrol Agent in Charge ((A) PAIC)
after leaving RGV Sector, the (A) PAIC informed JCO that agents typically provided extra
facemasks to families with young children each time facemasks were replaced because agents
recognized younger children were more likely to drop the facemask or get it dirty before it was
replaced next. Moreover, JCO observed caregivers handing out surgical facemasks at the time
that juveniles received a shower, which reflected new COVID-19 protocols. The (A) WC
informed JCO that on November 25, 2020, RGV Sector instructed WSL to have only six
individuals shower at a single time to decrease the number of individuals queueing for a shower.
JCO observed this practice at the time of the inspection. Moreover, JCO observed soap
dispensers filled with soap in all hold rooms at WSL. JCO later learned that by the end of
December, RGV Sector had installed soap dispensers in all hold rooms Sector-wide. JCO
observed that surgical facemasks and gloves were stored on the exterior side of all hold room
doors. My team observed agents wearing N-95s respirators at all times in the processing area
and when interacting with individuals in custody.
JCO leveraged video conferencing technology to interview juveniles while onsite. The same
team members who interviewed all juveniles during the 2020 reporting period continued the
same general process of interviewing juveniles who volunteered to speak about their time in CBP
custody. One team member onsite facilitated the interview process and solicited volunteers. The
second team member, fluent in Spanish, used a video conferencing platform to interview
juveniles and translate for the onsite team member. JCO conducted the interviews with the
juveniles in a room separate from any agents or other individuals in custody. Both juveniles and
the onsite team member wore facemasks and maintained, as best as possible, social distancing
throughout the interview.
First, JCO interviewed C.T.S., a 15-year-old UAC female from Guatemala. At the time of the
interview, C.T.S. had been in CBP custody for approximately 12 hours. C.T.S. explained that
apprehending agents treated her with respect and provided a facemask for her to wear before she
was transported to a station. At the first station she arrived at, C.T.S. explained that medical
professionals took her temperature in the sally port and gave her a new facemask to wear. After,
C.T.S. explained that she was brought inside the station for a medical check and processing.
Custodial records noted that a medical check was completed when C.T.S. arrived at Rio Grande
City Station. After the medical check, C.T.S. informed JCO she received a blue wristband,
which the onsite interviewer observed on her wrist. After initial processing and fingerprinting
was complete, C.T.S. told JCO she was placed in a hold room where there were approximately
25 individuals, including adult females with children. C.T.S. informed JCO that all individuals
in the hold room were wearing facemasks and that there was space between them. Inside the
hold room, C.T.S. confirmed there was a functioning toilet with toilet paper and a functioning
sink with soap. She also confirmed that there was a five-gallon water jug with cups. C.T.S.
stated the hold room temperature fluctuated, indicating sometimes it felt hot and sometimes it
felt cold. C.T.S. estimated she was in this hold room for a half hour before she was transferred
to WSL.
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When she arrived at WSL, C.T.S. explained medical professionals also took her temperature in
the sally port and gave her a new facemask. C.T.S. then explained the medical professionals
conducted another medical check inside the station and gave her another blue wristband after it
was complete. The JCO interviewer onsite observed C.T.S. was wearing two blue wristbands at
the time of the interview. Next, C.T.S. explained that she received water, an apple, juice, and
crackers. C.T.S. also stated she received a Mylar blanket and mat when she was placed in the
WSL hold room with approximately 8 or 9 female juveniles who were all wearing facemasks.
C.T.S. confirmed that this hold room also had a functioning toilet with toilet paper, a functioning
sink with soap, and a five-gallon water jug with paper cups. Like at the first station, C.T.S.
explained that the temperature in the WSL hold room also fluctuated between “hot” and “cold,”
but that she was still able to sleep. C.T.S. told JCO that the lights were not dimmed overnight.
C.T.S. explained that the next morning, the day of the interview, she and the female juveniles in
her hold room all woke up by themselves without anyone waking them up.
Next, she explained that she received breakfast, which included a warm egg and bean burrito, an
apple, crackers, milk, and bottled water. C.T.S. told JCO that she ate breakfast, and it did not
hurt her stomach. Custodial records noted that she was provided a hot breakfast and a new mask.
After breakfast, C.T.S. stated she showered and brushed her teeth. She explained that caregivers
facilitated the shower process and gave clear instructions about the hygiene items available and
where to put her dirty clothes so that they could be washed and returned to her. At the time of
the interview, C.T.S. was wearing a T-shirt and sweatpants she received before her shower and
her own jacket over top of the T-shirt. C.T.S. told JCO the shower trailer was warm and that she
was not rushed during the shower process. C.T.S. also told JCO that she received a new
facemask before she took her shower. After showering, C.T.S. stated she returned to the hold
room. Custodial records noted that she was provided with a shower, bodily cleansing product,
dental hygiene product, feminine hygiene product, and clean clothing. She stated she moved to a
different hold room before the interview because the one she was in was being cleaned. When
she moved to the new hold room, C.T.S. stated she received a new Mylar blanket and mat.
C.T.S. told JCO she and the other female juveniles in her hold room had been watching cartoons.
She also told JCO she had not been hungry and that she had been treated with respect throughout
her time in CBP custody. Before ending the interview, JCO reminded C.T.S. that medical
professionals were available onsite if needed, and that she could ask for food, snacks, and
hygiene items. Custodial records noted that she was shown the UAC video. Custodial records
also noted that she received a hot lunch and that, later that afternoon, she was transported to a
U.S. Health and Human Services, Office of Refugee and Resettlement (HHS/ORR) facility.
Next, JCO interviewed E.R.A., a 17-year-old UAC male from Guatemala. At the time of the
interview, E.R.A. had also been in CBP custody for approximately 12 hours. E.R.A. told JCO
that the apprehending agent was respectful, offered him water to drink, and gave him a facemask
to wear. Like C.T.S., E.R.A. explained he was then transported to a station where medical
professionals took his temperature in the sally port before he entered the station for a medical
check. During the medical check, the medical professional asked E.R.A. if he was hungry and
gave him water and crackers. After the medical check, E.R.A. received a blue wristband, which
the onsite JCO interviewer observed him wearing. This medical check was not recorded in his
custody log. E.R.A. explained that he then completed initial processing, which included
fingerprinting, before he was placed in a hold room with one other male juvenile, who was also
Case 2:85-cv-04544-DMG-AGR Document 1060-1 Filed 01/15/21 Page 8 of 21 Page ID
#:42485
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App. 239
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 66 of 365
CBP Juvenile Coordinator Interim Report
Page 8
wearing a facemask. E.R.A. confirmed there was a functioning toilet, a functioning sink with
soap, and a five-gallon water jug with cups. E.R.A. explained he was in the hold room very
briefly before being transferred to WSL.
Upon arriving at WSL, E.R.A. explained that medical professionals took his temperature in the
sally port and he received a new facemask. Then, medical professionals completed a medical
check inside the station. After this medical check, E.R.A. also received a blue wristband. The
onsite JCO interviewer observed he was wearing both wristbands at the time of the interview.
This medical check was recorded in E.R.A.’s custody log. After the medical check, E.R.A.
stated he was assigned a hold room, and received a mat and Mylar blanket. E.R.A. also told JCO
he was given an apple, crackers, milk, and water. Custodial records noted that he was provided
with snacks, bodily cleansing product, dental hygiene product, a mat, and a Mylar blanket.
E.R.A. stated that he shared the hold room with the same juvenile that was in his hold room at
the first station. He confirmed this hold room also had a functioning toilet with toilet paper, a
functioning sink with soap, and a five-gallon water jug with cups. E.R.A. said the hold room
was cold, but “not too bad.” E.R.A. told JCO he had been able to sleep, but not well because he
was nervous about being in custody. When JCO asked whether there was anything specifically
making him nervous, he explained it was the new environment and the fact that he had never
been in CBP custody before. E.R.A. stated the lights were on overnight. E.R.A. explained that,
the next day, someone opened the hold room door and said, “Wake up,” before handing out
breakfast, which included a warm burrito, apple, cookies, milk, juice, and bottled water.
Custodial records noted that he was provided a hot breakfast and a new mask. After breakfast,
E.R.A. told JCO he took a nap on his mat before he showered and brushed his teeth. E.R.A.
explained there were two male caregivers giving instructions in Spanish about the shower
process, including instructions about clean towels, clean clothes, and soap. E.R.A. stated he
received clean clothes to wear while his clothes were laundered. At the time of the interview,
E.R.A. was wearing the clothes provided by the station and his own jacket. Custodial records
noted that he was provided with a shower, bodily cleansing product, dental hygiene product, and
clean clothing. Prior to the interview, E.R.A. also told JCO he received lunch, which included a
warm burrito, two single-serving boxes of cereal, an apple, juice, and bottled water. Custodial
records noted that he received a hot lunch. E.R.A. stated he received a new facemask before the
interview. He informed JCO it was the third facemask he received while in CBP custody.
Before ending the interview JCO reminded E.R.A. that medical professionals were available
onsite if needed, and that he could ask for food, snacks, and hygiene items. Custodial records
noted that he was shown the UAC video. Custodial records also noted that, later that afternoon,
he was transported to a HHS/ORR facility.
Based on JCO’s inspection, I believe WSL was substantially compliant with the FSA, and more
specifically, conditions were safe and sanitary as articulated under Paragraph 12A of the FSA.
WSL was operating below the targeted 25% COVID-19 capacity during the inspection.
Furthermore, JCO discussed with the (A) WC the safety measures implemented in response to
COVID-19. JCO’s observations and interviews with juveniles demonstrated WSL followed
these enhanced safety measures, including agents wearing N-95 respirators in the processing
areas and while interacting with individuals in custody, temperature screenings conducted in the
sally port, routine distribution of surgical facemasks for individuals in custody, and soap for
handwashing available in all hold rooms.
Case 2:85-cv-04544-DMG-AGR Document 1060-1 Filed 01/15/21 Page 9 of 21 Page ID
#:42486
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App. 240
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 67 of 365
CBP Juvenile Coordinator Interim Report
Page 9
The current operating environment, amidst the COVID-19 pandemic, places increased demands
on CBP and adds additional variables to its comprehensive border security mission. USBP must
accept and maintain custody of individuals until they can be transferred to another agency
regardless of facility capacity. CBP generally relies on its inter-agency partners to transfer
juveniles out of its custody. This coordination and expeditious transfer of juveniles out of CBP
custody is even more critical during this period of reduced capacity to facilitate social distancing
and prevent the spread of COVID-19. CBP recognizes this unique challenge as well as its
responsibilities under the FSA to ensure safe and sanitary conditions for all juveniles in its
custody. The Agency will continue to monitor on-the-ground conditions and adjust accordingly
to minimize risk of COVID-19 exposure and protect the health of all individuals in custody.
Case 2:85-cv-04544-DMG-AGR Document 1060-1 Filed 01/15/21 Page 10 of 21 Page ID
#:42487
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 47 of 53
App. 241
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 68 of 365
Exhibit I
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 48 of 53
App. 242
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 69 of 365
2/4/2021
ICE Guidance on COVID-19 | ICE
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1/5
Official Website of the Department of Homeland Security
Report Crimes: Email or Call 1-866-DHS-2-ICE
NOTICE
Click here for the latest ICE guidance on COVID-19
ICE Guidance on COVID-19
Overview &
FAQs
ICE Detainee
Statistics
Judicial
Releases
Previous
Statements
Page information is recorded from a live database; data may change as the agency
receives updated case information.
DETAINED
POPULATION 1
AS OF 01/08/2021
15,415
COVID-19 POSITIVE CASES
CURRENTLY IN CUSTODY 2
UNDER ISOLATION OR MONITORING AS OF
01/10/2021
523
DETAINEES
TESTED
AS OF 01/08/2021
82,585
COVID-19 ICE Detainee Statistics by Facility
AS OF 01/10/2021
Custody/AOR/Facility
Confirmed
cases currently under
isolation or monitoring
Detainee
deaths 3
Total confirmed
COVID-19 cases 4
Atlanta Field Office
Charleston County Detention Center
0
0
2
Columbia Regional Care Center
0
0
1
Folkston ICE Processing Center
(D. Ray James)
7
0
91
Irwin County Detention Center
13
0
61
Robert A. Deyton Detention Center
1
0
5
Sheriff Al Cannon Detention Center
0
0
1
Stewart Detention Center
42
3
446
Baltimore Field Office
Howard County Detention Center
1
0
2
Worcester County Jail
0
0
1
Boston Field Office
Bristol County Detention Center
0
0
1
Cumberland County Jail
0
0
1
Franklin County House of Corrections
1
0
9
https://www.ice.gov/coronavirus
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DEC
JAN
FEB
12
2020
2021
2022
1,682 captures
👤⍰❎
f 🐦
27 Mar 2020 - 4 Feb 2021
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Custody/AOR/Facility
Confirmed
cases currently under
isolation or monitoring
Detainee
deaths 3
Total confirmed
COVID-19 cases 4
Plymouth County Correctional Facility
2
0
2
Strafford County Corrections
6
0
16
Wyatt Detention Center
1
0
5
Buffalo Field Office
Buffalo (Batavia) Service Processing
Center
2
0
52
Chicago Field Office
Chase County Detention Facility
0
0
82
Clay County Justice Center
1
0
18
Dodge County Jail
0
0
4
Kankakee County Detention Center
2
0
2
Lincoln County Detention Center
0
0
1
McHenry County Adult Correctional
Facility
0
0
6
Montgomery County Jail
0
0
1
Morgan County Detention Center
0
0
1
Pulaski County Detention Center
2
0
110
Dallas Field Office
Bluebonnet Detention Facility
1
0
391
Eden Detention Center
0
0
62
Johnson County Law Enforcement
Center
0
0
4
Kay County Detention Center
0
0
1
Moore Detention Center
0
0
35
Prairieland Detention Facility
2
0
133
Rolling Plains Detention Center
0
0
59
Denver Field Office
Aurora Contract Detention Facility
38
0
167
Detroit Field Office
Butler County Jail
1
0
1
Calhoun County Correctional Center
4
0
55
Geauga County Jail
0
0
1
Monroe County Jail
0
0
1
Morrow County Correctional Facility
0
0
51
Saint Clair County Jail
3
0
15
El Paso Field Office
Cibola County Correctional Center
0
0
1
El Paso Service Processing Center
9
0
323
Otero County Processing Center
0
0
185
Torrance County Detention Center
0
0
55
Houston Field Office
https://www.ice.gov/coronavirus
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DEC
JAN
FEB
12
2020
2021
2022
1,682 captures
👤⍰❎
f 🐦
27 Mar 2020 - 4 Feb 2021
▾ About this capture
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App. 244
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2/4/2021
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3/5
Custody/AOR/Facility
Confirmed
cases currently under
isolation or monitoring
Detainee
deaths 3
Total confirmed
COVID-19 cases 4
Coastal Bend Detention Center
0
0
12
Houston Contract Detention Facility
0
0
159
IAH Polk Adult Detention Facility
0
0
31
Joe Corley Detention Center
0
1
51
Montgomery Processing Center
(Houston)
12
0
245
Los Angeles Field Office
Adelanto ICE Processing Center
4
0
270
Miami Field Office
Baker County Detention Center
1
0
13
Broward Transitional Center
58
0
218
Glades County Detention Center
3
1
182
Krome North Service Processing
Center
4
0
221
Larkin Behavioral Health Center
0
0
2
San Juan Staging Facility
0
0
1
Wakulla County Jail
1
0
42
Newark Field Office
Elizabeth Detention Center
1
0
38
Essex County Jail
9
0
23
New Orleans Field Office
Adams County Correctional Center
3
0
109
Alexandria Staging Facility
16
0
220
Allen Parish Detention Center
0
0
12
Catahoula Correctional Center
0
0
119
Etowah County Jail
6
0
30
Hancock County Jail
0
0
1
Jackson Parish Correctional
1
0
114
LaSalle ICE Processing Center - Jena
0
0
83
LaSalle ICE Processing Center - Olla
1
0
25
Pine Prairie ICE Processing Center
8
0
73
Richwood Correctional Center
0
0
127
River Correctional Center
0
0
56
South Louisiana Correctional Center
4
0
29
Winn Correctional Center
10
1
284
New York City Field Office
Bergen County Jail
0
0
7
Hudson County Jail
0
0
14
Orange County Jail
1
0
1
Philadelphia Field Office
Berks Family Residential Center
0
0
1
https://www.ice.gov/coronavirus
Go
DEC
JAN
FEB
12
2020
2021
2022
1,682 captures
👤⍰❎
f 🐦
27 Mar 2020 - 4 Feb 2021
▾ About this capture
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 51 of 53
App. 245
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 72 of 365
2/4/2021
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4/5
Custody/AOR/Facility
Confirmed
cases currently under
isolation or monitoring
Detainee
deaths 3
Total confirmed
COVID-19 cases 4
Cambria County Prison
0
0
12
Clinton County Correctional Facility
6
0
62
Pike County Correctional Facility
3
0
36
South Central Regional Jail
1
0
1
York County Prison
108
0
235
Phoenix Field Office
CCA Florence Correctional Center
12
0
103
Eloy Federal Contract Facility
4
0
280
Florence Detention Center
6
0
95
La Palma Correctional Facility
16
0
531
Salt Lake City Field Office
Cache County Jail
0
0
15
Henderson Detention Center
2
0
28
Nevada Southern Detention Center
0
0
13
Nye County Jail
1
0
60
Washington County Jail
0
0
6
San Antonio Field Office
El Valle Detention Facility
11
0
117
Karnes County Family Residential
Center
5
0
95
Laredo Processing Center
0
0
7
LaSalle County Regional Detention
Center
0
0
11
Limestone County Detention Center
3
0
92
Port Isabel Detention Center
10
0
242
Rio Grande Detention Center
14
0
183
South Texas Family Residential Center
(Dilley)
2
0
27
South Texas ICE Processing Center
(Pearsall)
4
0
284
T. Don Hutto Residental Center
1
0
3
Webb County Detention Center (CCA)
7
0
101
San Diego Field Office
Imperial Regional Detention Facility
9
0
19
Otay Mesa Detention Center (San
Diego CDF)
0
1
201
San Luis Regional Detention Center
0
0
21
San Francisco Field Office
Golden State Annex Facility
2
0
5
Mesa Verde ICE Processing Center
0
0
59
Yuba County Jail
6
0
7
Seattle Field Office
https://www.ice.gov/coronavirus
Go
DEC
JAN
FEB
12
2020
2021
2022
1,682 captures
👤⍰❎
f 🐦
27 Mar 2020 - 4 Feb 2021
▾ About this capture
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 52 of 53
App. 246
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 73 of 365
2/4/2021
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5/5
Custody/AOR/Facility
Confirmed
cases currently under
isolation or monitoring
Detainee
deaths 3
Total confirmed
COVID-19 cases 4
Northwest ICE Processing Center
(NWIPC)
1
0
29
St. Paul Field Office
Douglas County Corrections
0
0
1
Freeborn County Adult Detention
Center
0
0
5
Hardin County Jail
0
0
7
Kandiyoh County Jail
1
0
41
Linn County Jail
0
0
2
Nobles County Jail
0
0
2
Phelps County Jail
0
0
2
Polk County Jail
0
0
15
Sherburne County Jail
0
0
2
Washington D.C. Field Office
Caroline Detention Facility
9
0
65
Immigration Centers of America -
Farmville
0
1
339
TOTAL
523
8
8,735
Updated 01/11/2021 5:00pm
1 ICE's FY 2019 Average Daily Population was 50,165.
2 "Currently under isolation or monitoring" includes detainees who tested positive for COVID-19 and are
currently in ICE custody under isolation or monitoring. This number excludes detainees who previously
tested positive for COVID-19 and were either returned to the general population after a discontinuation of
medical monitoring/isolation or are no longer in ICE custody.
3 "Detainee deaths" includes detainees who have died after testing positive for COVID-19 while in ICE
custody; COVID-19 may not be the official cause of death.
4 "Total confirmed COVID-19 cases" is the cumulative total of detainees who have tested positive for
COVID-19 while in ICE custody since testing began in February 2020. Some detainees may no longer be
in ICE custody or may have since tested negative for the virus.
↑ Return to top
Last Reviewed/Updated: 01/11/2021
https://www.ice.gov/coronavirus
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DEC
JAN
FEB
12
2020
2021
2022
1,682 captures
👤⍰❎
f 🐦
27 Mar 2020 - 4 Feb 2021
▾ About this capture
Case 1:21-cv-00100-EGS Document 57-5 Filed 02/05/21 Page 53 of 53
App. 247
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 74 of 365
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DECLARATION OF PUBLIC HEALTH EXPERTS IN SUPPORT OF PLAINTIFFS’
MOTION FOR CLASSWIDE PRELIMINARY INJUNCTION
The undersigned hereby declare:
1. We make this declaration based on our own personal knowledge and if called to testify
could and would do so competently and truthfully to these matters.
Sharmila Shetty, MD
2. I, Sharmila Shetty, am a public health physician with 20 years of experience in global
health practice. I completed my pediatric residency training at North Shore University
Hospital in Manhasset, N.Y., and then completed my post-doctorate fellowship in applied
epidemiology at the Centers for Disease Control and Prevention (the “CDC”), and
subsequently worked at the CDC for another 11 years, until November 2020.
3. From 2015 to 2020, I served as a medical epidemiologist and Epidemiology Lead for the
Global Rapid Response Team in the CDC’s Emergency Response and Recovery Branch,
where I responded to multiple global health crises including Ebola, measles, and cholera
outbreaks. During the COVID-19 pandemic, I was part of the Emergency Operations
Center’s domestic response and served as the Clinical team deputy, and also provided
clinical guidance on COVID-19 to healthcare providers.
4. From 2009 to 2014, I served as a medical epidemiologist in the CDC’s Immigrant,
Refugee, and Migrant Health Branch. In that capacity, I, among other responsibilities,
developed an H1N1 influenza preparedness plan for U.S.-bound refugees, investigated
outbreaks, and recommended strategies for managing epidemics.
5. I’ve also served as faculty at Johns Hopkins Bloomberg School of Public Health, in the
International Health Department, working on the Hib Vaccine Initiative.
NANCY GIMENA HUISHA-HUISHA, et al.,
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of Homeland
Security, in his official capacity, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
No. 21-cv-00100-EGS
Case 1:21-cv-00100-EGS Document 57-6 Filed 02/05/21 Page 1 of 5
App. 248
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 75 of 365
2
6. I am currently a medical epidemiologist at the Fund for Population Health New York
City working on COVID-19 in Congregate Settings
7. My curriculum vitae is attached as Exhibit A.
Stephen Patrick Kachur, MD, MPH
8. I, S. Patrick Kachur, am a Professor of Population and Family Health at the Columbia
University Mailman School of Public Health. I am a public health physician with 30
years of experience in global health practice. I completed clinical and residency training
at the Mary Imogene Bassett Hospital and Johns Hopkins University and a community
health fellowship at the University of Ilorin in Nigeria.
9. For over 20 years (1995-2018), I was based at the CDC, where I held leadership roles in
the Malaria Branch and Center for Global Health, receiving the agency’s highest service
award. At the CDC, I contributed to the Global Health Security Agenda and responded
to global health crises including pandemic H1N1 influenza, Ebola and Zika.
10. My scholarship has focused on experimental and observational epidemiology and health
systems studies examining the effectiveness and equity of malaria and child health
interventions, with an emphasis on real world research that shapes policies and programs.
I joined the faculty of the Columbia University Medical Center in 2018, where I
coordinate implementation science partnerships with a focus on expanding access to
quality primary health care services. I also serve on the World Health Organization's
Malaria Policy Advisory Committee.
11. My curriculum vitae is attached as Exhibit B.
Les Roberts, MPH, PhD
12. I, Leslie (“Les”) Roberts, am an epidemiologist and a Professor of Population and Family
Health at the Columbia University Mailman School of Public Health.
13. I did my post-doctorate fellowship in epidemiology at the CDC. I worked at the CDC for
4 years, where I was the first winner of the CDC’s Paul C. Schnitker Award for
contributions to global health.
14. In addition, in 1994, I worked as an epidemiologist for the World Health Organization in
Rwanda during their civil war. I was also the Director of Health Policy at the
International Rescue Committee from 2000 until 2003. I have led over 50 surveys in 17
countries, and my studies have been cited by the U.S. State Department, United Nations,
World Health Organization, and other governmental and international institutions. I am
also a regular lecturer at John Hopkins University. I hold a bachelor’s degree in physics
from St. Lawrence University, a master’s degree in public health from Tulane University,
and a PhD in environmental engineering from John Hopkins University.
Case 1:21-cv-00100-EGS Document 57-6 Filed 02/05/21 Page 2 of 5
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USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 76 of 365
3
15. My curriculum vitae is attached as Exhibit C.
Bradley A. Woodruff, MD, MPH
16. I, Bradley A. Woodruff, am a physician and medical epidemiologist. I currently work as
a consultant for UNICEF, WHO, WFP, and other United Nations agencies. I have faculty
appointments at the Rollins School of Public Health of Emory University and several
other schools of public health worldwide.
17. I studied medicine at Upstate Medical Center in Syracuse, New York and public health at
the Johns Hopkins School of Hygiene and Public Health.
18. I worked for the CDC for 20 years, from 1987 to 2007. For most of my career at CDC, I
worked in the fields of communicable disease, specifically diarrheal disease, viral
hepatitis, and refugee health. During the last 4 years, I worked in the field of nutrition and
nutritional status assessment.
19. I have received many awards during my career, including the Charles C. Shepard Award
for Outstanding Scientific Contribution to Public Health, the Secretary’s Award for
Distinguished Service, and several US Public Health Service citations.
20. I have authored or co-authored more than 75 publications in biomedical journals and
several major reports and book chapters.
21. My curriculum vitae is attached as Exhibit D.
The CDC Order’s Inconsistency with Public Health Practice
22. In our opinion, the proposition that the March 20th CDC Order should be used to expel
families seeking asylum is not logical or consistent with public health practice or
epidemiological evidence.
23. Our understanding is that the vast majority of asylum seekers coming to the Southwest
border pass through Mexico. Mexico is therefore the place of their likeliest exposure to
COVID-19 before coming to the United States.
24. At this time, the prevalence of COVID-19 in Mexico is lower than in the United States
itself. At the time of this declaration, the recorded incidence in Mexico has been lower
than in the United States for the entire outbreak, and less than one-fourth the rate over the
last week and month.1 The fact that Mexico has a lower rate of infection than the United
States is confirmed by sero-prevalence studies, which use blood tests to measure the
1 See Mexico, Johns Hopkins University of Medicine, Coronavirus Resource Center,
https://coronavirus.jhu.edu/region/mexico (last visited Feb. 1, 2021); United States, Johns
Hopkins University of Medicine, Coronavirus Resource Center,
https://coronavirus.jhu.edu/region/united-states (last visited Feb. 1, 2021).
Case 1:21-cv-00100-EGS Document 57-6 Filed 02/05/21 Page 3 of 5
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4
percentage of the population that has previously been infected. Because the proportion of
the Mexican population that has been infected with SARS-CoV-2 is lower than that of the
United States population, the lower incidence of COVID-19 in Mexico is unlikely to be
merely an artifact of lower testing rates.2
25. Thus, the idea that these individuals create a risk or threat to the health of U.S. residents
or officials ignores the likelihood that, currently, U.S. residents probably face greater
risks from other U.S. residents than from the average person coming to the U.S.-Mexico
border.
26. The CDC Order also irrationally distinguishes between asylum seekers without
documentation and numerous categories of other individuals who pose just as much risk
of spreading COVID-19. For examples, thousands of truck drivers and other individuals
are allowed across the border each day without testing or quarantine, and they then travel
to the interior to communities in the United States. Families like the class members in
this case likely pose no more risk of spreading COVID-19 than these truck drivers, and
given the lower incidence in children, perhaps on average pose less risk of being
infectious or requiring medical care within the United States.
27. If such families can be processed quickly at the border and released to sponsors in the
United States, they would create little or no more risks of inducing infection than the
thousands of individuals passing the border each day.
28. It is also our view that, to the extent that families may need to be temporarily detained at
congregate facilities, risks of infection can be substantially mitigated if such facilities
operate at reduced capacity, such that families are able to socially distance and reside in
separate rooms. Such risks can be further reduced if staff or families are vaccinated.
29. Several technical advances, such as improved COVID-19 tests and an announced
Johnson & Johnson single-dose vaccine, all suggest that the burden and risks of accepting
asylum seeking families are only likely to decrease over time.
I, Sharmila Shetty, declare under penalty of perjury of the laws of the State of New York and the
United States of America that the foregoing is true and correct to the best of my knowledge and
belief.
Executed on February 4, 2021 in Massapequa Park, New York.
__________________________________
SHARMILA SHETTY
2 See Natalia Martinez-Acuña et al., Seroprevalence of anti-SARS-COV-2 antibodies in blood
donors from Nuevo Leon state, Mexico, during the beginning of the COVID-19 pandemic,
MedRxiv (Nov. 30, 2020), https://www.medrxiv.org/content/10.1101/2020.11.28.20240325v1.
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5
I, Stephen Patrick Kachur, declare under penalty of perjury of the laws of the State of New York
and the United States of America that the foregoing is true and correct to the best of my
knowledge and belief.
Executed on February 3, 2021 in New York, New York.
__________________________________
STEPHEN PATRICK KACHUR
I, Leslie Roberts, declare under penalty of perjury of the laws of the State of New York and the
United States of America that the foregoing is true and correct to the best of my knowledge and
belief.
Executed on February 3, 2021 in Cincinnatus, New York.
__________________________________
LESLIE ROBERTS
I, Bradley A. Woodruff, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on December 1, 2020 in Victoria, British Columbia, Canada.
Executed on February 3, 2021 in Victoria, British Columbia, Canada.
__________________________________
BRADLEY A. WOODRUFF
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Exhibit A
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CURRICULUM VITAE
SHARMILA SHETTY, M.D.
70 Harbor Lane, Massapequa Park, NY 11762
Phone: 443-854-3343
Email: sharmshetty@gmail.com
EDUCATION
Barnard College, Columbia University, New York, NY
Sept 1988 - May 1992
Degree: B.A. Asian Studies (cum laude)
Mount Sinai School of Medicine, New York, NY
July 1992 - May 1996
Degree: M.D.
PROFESSIONAL TRAINING
North Shore University Hospital, Manhasset, N.Y.
July 1996 - June 1997
Department of Pediatrics, Internship (PGY1)
North Shore University Hospital, Manhasset, N.Y.
July 1997 - June 1999
Department of Pediatrics, Residency (PGY 2-3)
Centers for Disease Control and Prevention (CDC), Atlanta, GA July 2002 - June 2004
Epidemic Intelligence Service Fellowship
PROFESSIONAL EXPERIENCE
Medical Epidemiologist
Nov 2020- present
COVID-19 Congregate Settings Investigation and Response Unit
New York City Department of Health and Mental Hygiene
New York, NY
• Lead case investigations for COVID-19 in residential congregate settings
• Develop guidance documents and educational resources related to management of
COVID-19 in congregate residential facilities
• Provide relevant infection prevention and control guidance and support based on
current scientific knowledge and agency recommendations
Medical Epidemiologist
May 2015-Nov 2020
Emergency Response and Recovery Branch, Centers for Disease Control and
Prevention (CDC)
Atlanta, Georgia, USA
• Deputy for Clinical Team on domestic COVID-19 Response as part of
Emergency Operations Center activation
• Medical epidemiologist on Clinical On-Call Center, providing guidance to health
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care providers over the phone with clinical queries on COVID-19
• CDC preparedness team lead in Kisangani, DRC during 2019-2020 Ebola
outbreak
• CDC team lead for Cyclone Idai response in Beira, Mozambique
• CDC Ebola preparedness coordinator in Juba, South Sudan
• Polio response coordinator for UNICEF in Papua New Guinea
• Technical Advisor to UNHCR on roll out of Health Information System in Cox’s
Bazar, Bangladesh as part of the Rohingya refugee crisis
• Co-lead for CDC on the Health Emergencies Preparedness Initiative with
UNICEF
• Chief Science Officer for CDC’s Incident Management System for Hurricane
Matthew Response in Haiti
• Liaison to Pan American Health Organization during Hurricane Matthew
Response in Haiti
• Technical Advisor to UNHCR on immunization services evaluation tools
• Technical Advisor for Guinea Country Team Ebola Response
• Epidemiology Team Lead for CDC Ebola response in Sierra Leone
• Team lead for response to flooding in Freetown, Sierra Leone
• Technical advisor to UNHCR on a cholera outbreak in Dadaab refugee camp in
Dadaab, Kenya
• Team lead for response to humanitarian crisis in Northeast Nigeria
Medical Epidemiologist, Medecins sans Frontieres
March 2014-Sept 2014
Yangon, Myanmar
• Supervised team to ensure data quality and data management in a long-running
HIV project in Dawei, Myanmar
• Developed proposals and protocols for research projects
• Evaluated current data collection systems and provided recommendations to the
project for streamlining
• Assisted in the development of data monitoring and evaluation guidelines for the
project
Medical Epidemiologist
September 2009-February 2014
Immigrant, Refugee and Migrant Health Branch, Centers for Disease Control and
Prevention (CDC)
Atlanta, Georgia, USA
• CDC team lead for Horn of Africa crisis in Dadaab refugee camp, Kenya
o Managed and analyzed data on measles cases and provided weekly reports
and recommendations to health partners to help manage the epidemic
o Monitored surveillance data for cholera and shigella and trained health
workers on cholera prevention and preparedness
o Provided recommendations to improve quality of mortality and diseases of
outbreak potential reporting
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• Co-principal investigator of a multi-state epidemiologic investigation of an
outbreak of suicides among U.S.-resettled Bhutanese refugees
o Led a team of three EIS Officers, staff and multiple students in the design
and implementation of a representative cross-sectional survey to identify
risk and protective factors for suicide among resettled Bhutanese refugees
in seven U.S. cities
o Acted as CDC liaison between state refugee health programs, state
epidemiologists, Office of Refugee Resettlement, and refugee resettlement
agencies in all cities of the investigation
• Led an investigation of Vaccine Coverage and Timing among US-Born Somali
Children and Vaccine Knowledge, Attitudes, and Perceptions among Somali
Parents
• Provided technical assistance on the medical management of unaccompanied
Haitian orphans following the 2010 Haiti earthquake to the HHS/Office of
Refugee Resettlement/Division of Unaccompanied Children Services, during a
one-month emergency detail.
• Created recommendations for the medical screening of Haitian orphans following
the 2010 Haiti earthquake
• Conducted a survey of Haitian adoptee parents and medical providers on the
health of Haitian adoptees following the 2010 Haiti earthquake
• Assisted in the development of CDC domestic refugee medical screening
guidelines
• Participated in Refugee Vaccine Working Group to provide vaccine
recommendations for U.S.-bound refugees
• Led and coordinated efforts between CDC and U.S. adoption specialty clinics to
design and implement a surveillance system for international adoptee health
• Coordinated efforts between CDC and the Association of Refugee Health
Coordinators to design a surveillance system for domestic refugee health medical
screening
• Conducted evaluations of panel physicians who perform the required medical
examinations for immigrants and refugees to assess their capacity to implement
updated tuberculosis screening requirements in Guatemala, China, Ethiopia, DRC
and Congo-Brazzaville.
• Served as project manager for Enhancing Partnerships in Refugee Health, a
collaboration between the Association of Refugee Health Coordinators and the
Association of State and Territorial Health Officials
• Served as project manager for Harvard Opinion Research Poll project,
coordinating and managing a team conducting opinion polls on public perception
of non-pharmaceutical interventions related to H1N1 influenza
• Developed an H1N1 influenza preparedness plan for US-bound refugees
Medical Epidemiologist, The Hib Initiative
January 2007- July 2009
Johns Hopkins Bloomberg School of Public Health, Baltimore, MD USA
The Hib Initiative, a highly successful global vaccine initiative to accelerate adoption of
Haemophilus influenzae type b (Hib) vaccine in low income countries
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• Lead epidemiologist for the Southeast Asia region
o Provided technical assistance in preparing country comprehensive multi-
year plans and GAVI country applications for new vaccine funding
support
o Conducted monitoring and evaluation of research and surveillance
activities related to Hib disease burden by reviewing quarterly technical
reports
o Provided regular assessment and recommendations through site visits in
target countries
• India strategy team lead, guiding policy strategy development and implementation
of Hib vaccine introduction in India
o Analyzed and synthesized epidemiologic data, guidelines, and other
research to support policy development of Hib vaccine introduction
o Led coordination activities between Hopkins team and Indian Ministry of
Health, WHO, UNICEF and other stakeholders to facilitate issues around
preparation of policy development, GAVI application and vaccine
introduction
o Provided technical backstopping for WHO and Indian Ministry of Health
regarding technical issues around Hib disease burden and Hib vaccine
o Assisted in planning and implementation of pneumonia advocacy
workshop for Indian academics and policy-makers
• Reviewed all research and surveillance project proposals and advised upon
technical content
• Developed a monitoring and evaluation system for all Hib Initiative research and
surveillance projects
• Liaised with WHO HQ and regional officers to develop regional workplans for new
vaccines
• Assisted in development of Hib Initiative workplan and budgets
• Supplied technical oversight for a wide range of global, regional and country level
communication and advocacy materials, including press releases and fact sheets
for more than 30 countries
• Represented Hib Initiative at various global and regional meetings and
disseminated information on Hib disease and vaccine to various stakeholders
• Provided technical expertise in evaluating immunization system effects post
introduction of Hib vaccine
Senior Health Delegate, American Red Cross
October 2005- October 2006
Tsunami Recovery Program, Banda Aceh, Indonesia
• As part a five-year relief and recovery project following the catastrophic 2004
tsunami, developed and managed a multi-million dollar portfolio of
comprehensive health programs
o Conducted health assessments of internally displaced persons camps to
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determine health needs
o Designed a community health project, Community Based First Aid, which
trained local Red Cross volunteers in Aceh Province in communicable
diseases, hygiene practices, disaster management, and first aid skills to be
used in the community
o Developed a comprehensive proposal for an avian influenza public
education campaign to be conducted by local Red Cross volunteers
o Organized and mobilized local Red Cross volunteers to participate in a
malaria bed net distribution campaign
o Designed a proposal to support the health and water sanitation needs of
internally displaced persons in Aceh province
• Led American Red Cross activities as part of the Measles Initiative in organizing
a nationwide measles vaccination campaign in Indonesia, which ultimately
reached 31 million children
o Represented American Red Cross in Measles Task Force and Inter Agency
Coordination Committee (ICC) meetings
o Designed and implemented a social mobilization program for local Red
Cross volunteers in support of measles vaccination campaign
o Provided on-the-ground technical oversight to monitoring and evaluation
of an integrated measles vaccination campaign in Bengkulu province,
Sumatra
• Served as team health advisor and disseminated information to staff regarding
relevant health issues
Consultant, International Rescue Committee
July 2005
West Bank and Gaza Strip
• Conducted an assessment of health services by interviewing government
members, UN agencies and local and international health organizations regarding
health needs of the Palestinian population
• Led focus groups with vulnerable populations
• Provided comprehensive assessments of local health centers
Medical supervisor, Mygoma orphanage August 2004 - December 2004
Medecins sans Frontieres
Khartoum, Sudan
• Supervised team of 3 doctors and 26 nurses to provided inpatient pediatric care in
a large urban orphanage of 320 children
• Provided training and mentorship to doctors and nurses in general pediatric and
neonatal care
• Supervised the pharmacist regarding drug consumption, and implemented
measures to prevent wastage
Epidemic Intelligence Service Officer
July 2002 - June 2004
Mycotic Diseases Branch,
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Centers for Disease Control and Prevention (CDC),
Atlanta, Georgia, USA
Fellowship in applied epidemiology
• Investigation of an outbreak of Candida parapsilosis
o Led a CDC team investigating an outbreak of bloodstream infections in a
Denver community hospital
o Designed and conducted a case-control and cohort study to determine risk
factors for illness
o Performed data analysis and presented findings at a national meeting
• Investigation of outbreak of Histoplasmosis, Nebraska
o Led a team to investigate source for illness among workers in a large
industrial plant
o Designed and conducted a case-control and cohort study to identify risk
factors for disease
o Acted as liaison between State Health Dept., CDC and plant officials
• Study of Cryptococcosis Among AIDS Patients in Gauteng, South Africa
o Performed an evaluation of a surveillance system for cryptococcosis
o Designed and conducted a follow-up study to determine outcomes and
compliance with secondary prophylaxis among AIDS patients with
cryptococcosis
o Supervised local staff in data collection and conducting interviews
o Performed data collection and data analysis
• Integrated Disease Surveillance Review, Kenya
o Led a team to assess disease surveillance activities in Kakamega District,
Kenya
o Presented findings and provided recommendations at a national
stakeholders meeting
• Nationwide Measles Vaccination Campaign, Liberia
o Provided technical assistance and guidance to public health officials and
non-governmental organizations in micro planning and implementation of
vaccination campaign
o Monitored and evaluated ongoing vaccination campaigns in various
counties
o Participated in weekly meetings with Ministry of Health, WHO, and non-
governmental organizations to communicate status of campaign
• Yellow Fever outbreak, Bong County, Liberia
o Conducted case finding among internally displaced
persons camp
o Participated in meetings with Ministry of Health and other organizations
to develop strategy for vaccinations
• Analyzed data from the National Nosocomial Infection Surveillance System and
described the epidemiology of Neonatal Candida Bloodstream Infections among
High Risk Nurseries in the U.S. for presentation at national meeting
• Performed data analysis of a risk factor study of neonatal candidemia in
Baltimore, Maryland, and published findings in peer reviewed journal
• Designed protocol and survey instrument to Assess Current Candida Sepsis
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Prevention Programs Among U.S. Neonatal Intensive Care Units
Medical supervisor of Pediatric ward, Bundibugyo Hospital,
Dec 2001 - Apr 2002
Medecins sans Frontieres
Bundibugyo, Uganda
• Provided inpatient pediatric care for internally displaced population in a remote
district hospital in a post conflict setting
• Supervised pediatric department and staff of 10 nurses and 2 medical officers
• Managed patient care and running of a therapeutic feeding center
Adjunct Assistant Clinical Professor of Pediatrics
July 2000 - Nov 2001
Department of Pediatrics, Bronx Lebanon Hospital Center
New York, USA
• Provided clinical care in Emergency Department and outpatient clinics in a large,
urban private hospital
• Supervised and precepted cadre of pediatric residents
Pediatrician, Medecins sans Frontieres
Dec 1999 - Apr 2000
Hamshari Hospital, Saida, Lebanon
• Assisted in the establishment of a pediatric department for a large refugee camp
hospital for Palestinian refugees
• Provided inpatient pediatric care alongside local doctors and nurses and trained
them in pediatric management
• Designed syllabus and taught a semester long training in pediatrics for an ICU
Nursing course
PROFESSIONAL ACTIVITIES
Member of the Board of Directors
September 2017-present
Vedanta Center of Atlanta
Member of the Board of Directors
June 2007-June 2010
Doctors Without Borders/Medecins sans Frontieres USA
Member of the Board of Directors
June 2012-Jan 2014
Sagal Radio Services, radio station for refugees and new Americans
Volunteer pediatrician at the Dekalb County Board
October 2010-Feb 2014
Of Health Pediatric Refugee Clinic
Volunteer for Medecins sans Frontieres Peer Support Network;
2000- present
Provide support and counseling for returned field volunteers
Volunteer for the Asylum Network of Physicians for Human Rights;
2000-2004
Perform physical exams on victims of torture and wrote medical affidavits
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HONORS AND AWARDS
Public Health Service Awards:
Unit Commendation, Exceptional service in successful control of a measles
2012
outbreak among Burmese refugees from Malaysia
Outstanding Unit Citation, 2010 Haiti Earthquake Response Team
2011
Commissioned Corps training Ribbon
2011
Outstanding Unit Citation, CDC H1N1 Task Force
2010
Crisis Response Service Award, Haiti Earthquake Response Mission
2010
Outstanding Unit Citation, SARS Response Team
2005
Non- Public Health Service Awards:
CDC-ATSDR Honor Award for Excellence in Emergency Response-International 2012
CDC DGMQ Exceptional Partnerships Award
2012
CDC NCEZID Award for Haiti earthquake response
2011
CDC NCEZID Award for outstanding development of a web portal for
2011
health information for international adoptions
CDC NCEZID Award for excellence in partnering to strengthen public
2010
health activities and CDC’s role regarding TB control among international adoptees
CDC NCEZID Award for exemplary service as chairman of the board of
2010
MSF-USA
Graduated cum laude, Barnard College
1992
PUBLICATIONS
Bermúdez-Aza EH, Shetty S, Ousley J, Kyaw NTT, Soe TT, Soe K, et al. (2018) Long-
term clinical, immunological and virological outcomes of patients on antiretroviral
therapy in southern Myanmar. PLoS ONE 13(2): e0191695.
https://doi.org/10.1371/journal.pone.0191695
Ao T, Shetty S, Sivilli T, Blanton C, Ellis H, Geltman P, Cochran J, Taylor E, Lankau E,
Lopes Cardozo B. Suicidal Ideation and Mental Health of Bhutanese Refugees in the
United States. J Immigrant Minority Health. 2015 Dec; DOI 10.1007/s10903-015-0325-7
Hagaman A, Sivilli T, Ao T, Blanton C, Ellis H, Lopes Cardozo B, Shetty S. An
Investigation into Suicides among Bhutanese Refugees Resettled in the United States
between 2008 and 2011. Journal of Immigrant and Minority Health; 2016 Aug;18(4):819-
27.
Taylor E, Painter J, Posey D, Zhou W, Shetty S. Latent Tuberculosis Infection Among
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Immigrant and Refugee Children Arriving in the United States, 2010. Journal of
Immigrant and Minority Health; 2015 Sep 12.
Kyaw NT, Harries AD, Chinnakali P, Antierens A, Soe KP, Woodman M, Das M, Shetty
S, Zuu MK, Htwe PS, Fernandez M. Low Incidence of Renal Dysfunction among HIV-
Infected Patients on a Tenofovir-Based First Line Antiretroviral Treatment Regimen in
Myanmar. PLoS One. 2015 Aug 24;10(8):e0135188. doi: 10.1371/journal.pone.0135188.
eCollection 2015.
Scott KC, Taylor EM, Mamo B, Herr ND, Cronkright PJ, Yun K, Altshuler M, Shetty S.
Hepatitis B screening and prevalence among resettled refugees - United States, 2006-
2011. Centers for Disease Control and Prevention (CDC). MMWR Morb Mortal Wkly
Rep. 2015 Jun 5;64(21):570-3.
Ellis BH, Lankau EW, Ao T, Benson MA, Miller AB, Shetty S, Lopes Cardozo B,
Geltman PL, Cochran J. Understanding Bhutanese refugee suicide through the
interpersonal-psychological theory of suicidal behavior. Am J Orthopsychiatry. 2015
Jan;85(1):43-55.
Cuffe K, Stauffer W, Painter J, Shetty S, Montour J, Zhou W. Update: vitamin B12
deficiency among Bhutanese refugees resettling in the United States, 2012. Centers for
Disease Control and Prevention (CDC). MMWR Morb Mortal Wkly Rep. 2014 Jul
Shah AY, Suchdev PS, Mitchell T, Shetty S, Warner C, Oladele A, Reines S. Nutritional
status of refugee children entering DeKalb County, Georgia. J Immigr Minor Health.
2014 Oct;16(5):959-67. doi: 10.1007/s10903-013-9867-8.
Vonnahme L, Lankau E, Ao T, Shetty S, Lopes Cardozo B. Factors Associated with
Symptoms of Depression Among Bhutanese Refugees in the United States. Journal of
Immigrant and Minority Health 2014; (16) 5:773.
Navarro-Colorado C, Mahamud A, Burton A, Haskew C, Maina G, Wagacha J, Ahmed J,
Shetty S, Cookson S, Goodson J, Schilperoord M, Spiegel P. Measles Outbreak
Response Among Adolescent and Adult Somali Refugees Displaced by Famine in Kenya
and Ethiopia, 2011. Journal of Infectious Diseases 2014; doi: 10.1093/infdis/jiu395.
Mahamud A, Burton A, Hassan M, Ahmed J, Wagacha J, Spiegel P, Haskew C, Eidex R,
Shetty S, Cookson S, Navarro-Colorado C, Goodson J. Risk Factors for Measles
Mortality Among Hospitalized Somali Refugees Displaced by Famine, Kenya, 2011.
Clinical Infectious Diseases 2013;57(8):e160 – 6.
Park B, Shetty S, Ahlquist A, et al. Long-term Follow-up and Survival of Antiretroviral-
Naïve Patients with Cryptococcal Meningitis in the pre-Antiretroviral Therapy Era,
Gauteng Province, South Africa. International Journal of STD & AIDS. 2011; 22: (4)
199–203.
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Ojo LR, O'Loughlin RE, Cohen AL, Loo JD, Edmond KM, Shetty SS, Bear AP, Privor-
Dumm L, Griffiths UK, Hajjeh R. Global use of Haemophilus influenzae type b
conjugate vaccine. Vaccine. 2010 Oct 8; 28(43):7117-22.
O'Loughlin RE, Edmond K, Mangtani P, Cohen AL, Shetty S, Hajjeh R, Mulholland K.
Methodology and Measurement of the Effectiveness of Haemophilus influenzae type b.
Vaccine: Systematic Review. Vaccine. 2010 Aug 31; 28 (38):6128-36.
Shetty S, Cohen AL, Edmond K, Ojo L, Loo J, O'Loughlin R, Hajjeh R.
A systematic review and critical evaluation of invasive Haemophilus influenzae type B
disease burden studies in Asia from the last decade: lessons learned for invasive bacterial
disease surveillance. Pediatr Infect Dis J. 2010 Jul; 29 (7):653-61.
Ojo LR, O’ Loughlin R, Cohen AL, Shetty S, et al. Progress Toward Introduction of
Haemophilis influenzae type b Vaccine in Low-Income Countries- Worldwide, 2004-
2007. MMWR 2008 Feb 15; 57(6): 148-151.
Fridkin SK, Kaufman D, Edwards JR, Shetty S, Horan T. Changing incidence of Candida
bloodstream infections among NICU patients in the United States: 1995-2004. Pediatrics.
2006 May;117(5):1680-7.
Shetty S, Harrison L, Taylor T, Mirza S, Bustamante A, Thompson L, Schutt K, Hajjeh
R, Fridkin S. Evaluating Risk Factors for Candidemia among Newborn Infants from
Population-Based Surveillance-- Baltimore, Maryland, 1998-2000. Pediatric Infectious
Disease Journal. 24(7):601-604, July 2005.
An Outbreak of Histoplasmosis Among Industrial Plant Workers-- Nebraska, 2004;
MMWR 2004, 53 (43); 1020-1022.
PRESENTATIONS
Refugees and Displaced Populations in the 21st Century-
November 2016
a Health Perspective.
Plenary speaker, Midwest Global Health Conference
Lexington, KY
An Investigation of Suicides Among Bhutanese Refugees in the
June 2012
United States, 2009-2012: Preliminary Findings.
Oral presentation, North American Refugee Healthcare Conference
Rochester, NY
CDC’s Role in Overseas Refugee Processing.
May 2011
Oral presentation, ASTHO/ARHC Enhancing Partnerships in
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Refugee Health Conference, Washington DC
The CDC’s Role in Inter-country Adoption.
April 2011
Oral presentation, The Joint Council on International Children’s
Services Annual Conference, New York, NY
Compliance with Fluconazole Secondary Prophylaxis (SP) Among
April 2004
AIDS Patients with Cryptococcosis--Gauteng Province,
South Africa, 2003-2004.
Poster presentation, 53rd Annual Epidemic Intelligence Service (EIS) Conference,
Atlanta, Georgia
The Epidemiology of Neonatal Candida Bloodstream Infections
April 2004
among High Risk Nurseries in the U.S., 1995-2003.
Poster presentation, Society for Healthcare Epidemiology of America (SHEA)
14th Annual Scientific Meeting, Philadelphia, Pennsylvania
A Nosocomial Outbreak of Candida parapsilosis Bloodstream
April 2003
Infections Denver, Colorado, September 2002.
Oral presentation, 52nd Annual Epidemic Intelligence Service (EIS) Conference,
Atlanta, Georgia
A Nosocomial Outbreak of Candida parapsilosis Bloodstream
October 2003
Infections Denver, Colorado, Sept 2002.
Poster presentation, Infectious Disease Society of America,
San Diego, California
Risk Factors for Candidemia among Infants—
October 2003
Baltimore, MD, 1998-2000.
Poster presentation, Infectious Disease Society of America,
San Diego, California
CITIZENSHIP
USA
LANGUAGES
English, conversational French and Hindi
REFERENCES
available upon request
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Exhibit B
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S. Patrick Kachur, MD, MPH, FACPM, FASTMH
Heilbrunn Department of Population and Family Health
Mailman School of Public Health, Columbia University Irving Medical Center
60 Haven Avenue, Suite B-2
New York, NY 10032
+1-212-304-5234
patrick.kachur@columbia.edu
Date of Preparation: 01 June 2020
Academic Appointments/ Work Experience ___________________________________________________
06/2018—Present
Heilbrunn Department of Population and Family Health
Mailman School of Public Health
Columbia University Irving Medical Center
Professor
Advancing Research on Community Health Systems (ARCHES)
Director
Program on Forced Migration and Health
Faculty Member
New York, NY
05/2011—05/2018 Malaria Branch, Center for Global Health
Centers for Disease Control and Prevention
Branch Chief
Atlanta, GA
01/2016—05/2016
Center for Global Health
Centers for Disease Control and Prevention
Acting/ Interim Principal Deputy Director
Atlanta, GA
12/2006—05/2011 Strategic and Applied Sciences Unit
Malaria Branch, Center for Global Health
Centers for Disease Control and Prevention
Founding Unit Chief/ Team Lead
Atlanta, GA
09/2002—12/2006
CDC/ Ifakara Health Institute Malaria Program in Tanzania
National Center for Zoonotic and Vector-Borne Diseases
Centers for Disease Control and Prevention
Director
Dar-es-Salaam,
TANZANIA
06/1995—09/2002
Malaria Branch, National Center for Infectious Diseases
Centers for Disease Control and Prevention
Medical Epidemiologist
Atlanta, GA
Post Doctoral Training ___________________________________________________________________
07/1993—06/1995 Division of Violence Prevention,
National Center for Injury Prevention and Control
Centers for Disease Control and Prevention
Epidemic Intelligence Service Officer
Atlanta, GA
07/1991—06/1993
Johns Hopkins University School of Hygiene and Public Health
General Preventive Medicine Resident
Baltimore, MD
07/1990—06/1991
Mary Imogene Bassett Hospital
Columbia University College of Physicians and Surgeons
Transitional and Preliminary Internal Medicine Intern, PGY-1
Cooperstown, NY
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07/1988—05/1989* Department of Community Medicine, University of Ilorin
American Medical Student Association Foundation
International Health Fellow
Ilorin, NIGERIA
Education _____________________________________________________________________________
07/1991—05/1992 Johns Hopkins University School of Hygiene and Public Health
Department of Epidemiology
MPH, May 1992
Baltimore, MD
06/1985—05/1990* Northeastern Ohio Universities College of Medicine
MD, May 1990
Rootstown, OH
05/1982—05/1990* Kent State University, College of Arts and Sciences
BS cum laude, May 1990
Kent, OH
*Explanation of training dates from 05/1982 to 05/1990:
I completed a combined BS/MD degree program and both degrees were awarded in May of 1990. In addition, I
participated in a 10 month international health fellowship from July 1988 to May 1989.
Licensure and Board Certification ________________________________________________________________
09/1991—09/2020 Maryland Board of Physicians
Medical License
05/1995--lifetime
American Board of Preventive Medicine
Diplomate
Honors ________________________________________________________________________________
10/2019
Zisung (Honorary Title: Chief of Peace) Bogunaayili Village
Northern Region, GHANA
09/2019
Watanakunakorn Lecture
Northeast Ohio Medical
University
09/2018
Distinguished Alumni Award
Northeast Ohio Medical
University
06/2018
William C Watson Jr Medal of Excellence
CDC’s Highest Service Award
Centers for Disease Control and
Prevention
06/2017
Leverhulme Lecture and Medal
Liverpool School of Tropical
Medicine (UK)
12/2016
Outstanding Unit Citation—West Africa Ebola Response
US Public Health Service
11/2014
Fellow
American Society of Tropical
Medicine and Hygiene
09/2010
Outstanding Unit Citation—Novel H1N1 Influenza
US Public Health Service
09/2010
Outstanding Unit Citation—President’s Malaria Initiative
US Public Health Service
03/2008
Meritorious Service Medal—Malaria Control in Tanzania
US Public Health Service
09/2004
Commendation Medal—Malaria Research in Africa
US Public Health Service
04/2004
Fellow
American College of Preventive
Medicine
07/1997
Secretary’s Award for Distinguished Service—Global guinea
worm eradication
US Department of Health and
Human Services
07/1997
Secretary’s Award for Distinguished Service—Oklahoma City
Bombing Injury Investigation
US Department of Health and
Human Services
03/1996
Outstanding Unit Citation—Suicide Prevention in US
US Public Health Service
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11/1995
Atunluse Tokunbo (Honorary Title: Benefactor), Gbodi Village Kwara State, NIGERIA
08/1994
Citation Medal—School-associated Violent Deaths Study
US Public Health Service
05/1990
Dixon V Burns Award for Human Values in Medicine—
Charter recipient
Northeastern Ohio Universities
College of Medicine
03/1990
Alpha Omega Alpha
Northeastern Ohio Universities
College of Medicine
06/1982
Distinguished Scholar/ Honors Scholar in Residence
Kent State University
Professional Organizations, Societies and Service ________________________________________________
Memberships/ Positions
2020—2022
JGHS Commission on the mitigating the impact of COVID-19
Member
2018—present
Consortium of Universities for Global Health
Network of Academic Advisors; Public Health Workforce Panel;
Scientific Program Advisory Committee
Member, Advisor
2018—present
Health Systems Global
Member
2014—2019
European Society of Clinical Microbiology and Infectious Diseases
Program
Committee
2011—2018
Malaria Elimination Group
Member
2008—present
Roll Back Malaria Partnership Case Management Working Group
Member, Co-Chair
1998—present
Royal Society for Tropical Medicine and Hygiene
Member
1996—present
American Society of Tropical Medicine and Hygiene
and ASTMH Committee on Global Health
Scientific Program Committee; Travel Award Committee
Member, Fellow
1998—2009
American Public Health Association
Member, Abstract
Reviewer
Consultative
2020
Science Team, COVID-19 Epidemic Intelligence Unit, Resolve to Save
Lives
Technical
Consultant
2019—2023
“What’s at stake in the fake? Indian pharamecuticals, African markets
and global health” (Wellcome Trust): University of Warwick, University
of Witwatersrand and University of Amsterdam
Advisor
2018—2019
UNITAID and WHO Call Reference 2018-12: Better tools for integrated
management of childhood fever
Consultant
Technical Expert
2018—present
Zanzibar Malaria Elimination Programme, Strategic Advisory Group
Chair, Member
2018
US National Institutes of Health Special Emphasis Panel on
International Centers of Excellence for Malaria Research
Member
2018—present
Board of Directors, Medical Care Development, Inc
International Programs Advisory Committee
Member,
Chair
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2017—present
World Health Organization Malaria Policy Advisory Committee
Member
2014—present
US National Institutes of Health Study Section on Infectious Diseases,
Reproductive Health, Asthma and Pulmonary Conditions
Member,
Reviewer
2012—2018
World Health Organization Collaborating Center for Malaria
Prevention and Control
Technical Director,
Investigator
2009—2018
Malaria Eradication Research Agenda Technical Panels
Insecticide and antimalarial drug resistance
Combining interventions and modeling
Diagnosis and diagnostics
Health systems and operations research
Member
2007—present
Bioko Island Malaria Elimination Program, Technical Advisory Group
Member,
Evaluation
Consultant
2006—present
World Health Organization Evidence Review Groups
Low density malaria infections
Mass drug administration and chemoprevention
Plasmodium vivax
Estimating global malaria burden
Economics, financing and implementation of malaria control
Antimalarial drug policy and access
Member
1999—2008
NetMark and NetMark Plus Projects, Technical Advisory Group
Member
Editorial
2019—present
BioMed Central Health Services Research
Associate Editor
2019—present
Journal of Global Health Science
Editorial Board
2016—2017
American Journal of Tropical Medicine and Hygiene
Supplement Editor
2014—2018
Case Studies in Infectious Diseases
Editorial Board
2007—2018
Malaria Journal
Associate Editor,
Editorial Board
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ad hoc reviewer
Acta Tropica
American Academy of Pediatrics Red Book: Report of the Committee
on infectious Diseases
American Journal of Tropical Medicine and Hygiene
BioMed Central Public Health
Bulletin of the World Health Association
Emerging Infectious Diseases
Health Policy and Planning
JAMA
Lancet; Lancet Global Health; Lancet Infectious Diseases
New England Journal of Medicine
PLoS Medicine; PLoS Neglected Tropical Diseases; PLoS One
Social Science and Medicine
Transactions of the Royal Society of Tropical Medicine & Hygiene
Tropical Medicine and International Health
Manuscripts
American Public Health Association
INDEPTH Network Annual Scientific Meeting
International Emerging Infectious Diseases Conference
Multilateral Initiative on Malaria
TEPHINET Global Scientific Conference
Abstracts
Bill and Melinda Gates Foundation
Fondation Botnar
UNITAID/ WHO
UK Medical Research Council
US Agency for International Development
US National Institutes of Health
Wellcome Trust
Proposals
Departmental and University Committees__ __________________________________________________
2020
Core Curriculum Evaluation Team: Columbia University Mailman
School of Public Health
Member
2019—2020
Search Committee: Heilbrunn Department of Population and Family
Health, Columbia University Mailman School of Public Health
Member
2019—present
Faculty Liaison Network: National Academies of Sciences, Engineering
and Medicine Action Collaborative on Preventing Sexual Harassment,
Columbia University Irving Medical Center
Member
2018—2021
Faculty Steering Committee: Columbia Global Center | Nairobi,
Columbia University
Member
2018—present
Doctoral Committee: Heilbrunn Department of Population and Family
Health, Columbia University Mailman School of Public Health
Member
2017—2018
Selection Committee: Director of CDC western Kenya field operations
Member
2016—2017
Search and Selection Committee: Principal Deputy Director, National
Center for Immunizations and Respiratory Diseases
Member
2015—2017
Annual Meeting Planning Committee: Center for Global Health
Member
2008—2012
Awards Selection Committee: Center for Global Health
Representative
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2004—2015
Steering Committee: Antimalarial Combination Therapy Consortium
Officer
2003—2012
Executive Committee: INDEPTH Network Effectiveness and Safety
Studies Platform
Task Team Lead
2003—2008
Steering Committee: Improving access to malaria treatment in the
Kilombero Valley
External Expert
External Fellowship and Grant Support____ ___________________________________________________
2020
US$ 107,397.
Clinton Health Access Initiative: Implementation of a malaria
surveillance assessment in Benin
Principal
Investigator
2020—2022
US$ 275,000.
Fogarty International Center, US National Institutes of Health:
Effectiveness of the Diabetes Prevention Program in Urban Bamako,
Mali: Small Steps, Big Rewards (primary: University of Sciences,
Techniques and Technologies of Bamako)
Co-Investigator
2019—2021
US$ 1,000,000.
World Bank Group: Specialized consultancy services to conduct
analytical research on critical questions regarding forced displacement
on the health sector
Co-Principal
Investigator
2019—2021
US$ 5,100,000.
US Agency for International Development: Developing Acute Care &
Emergency Referral Systems: ACERS Project/ Ghana (primary: Catholic
Relief Services)
Consultant
2018—2021
US$ 8,100,000.
Doris Duke Charitable Foundation, Inc: A National Program for
Strengthening the Implementation of the Community-based Health
Planning and Services (CHPS) Initiative in Ghana: CHPS+
Co-Principal
Investigator
Teaching/ Training Experience and Responsibilities_________________________________________________
Specific Courses
2020—present
Columbia University Mailman School of Public Health, NY, NY
Pandemic Control and Outbreak Response (pending approval)
Course Director
2020
Columbia University Mailman School of Public Health, NY, NY
Confronting COVID: Science in Action at Mailman School
Course Moderator
2020—present
Columbia University Mailman School of Public Health, NY, NY
Applications of Implementation Science in Low- and Middle-
Income Countries (P9620)
Instructor
2019
Columbia University Mailman School of Public Health, NY, NY
Self, Social and Global Awareness Workshop
Facilitator
2019
University of Minnesota, Twin Cities, Minneapolis, MN
Global Health Course
Lecturer
2019—present
Columbia University Mailman School of Public Health, NY, NY
Malaria Program Planning (P8654)
Instructor
2019
Columbia University Mailman School of Public Health, NY, NY
Epidemiology of Infectious Diseases (P8406)
Lecturer
2019
Columbia College, Columbia University, New York, NY
Fundamentals of Global Health (C3100)
Lecturer
2018—present
Columbia University Mailman School of Public Health, NY, NY
Advanced Methods in Global Health (P9652)
Lecturer
2018
Harvard TH Chan School of Public Health, Cambridge USA
Science of Eradication--Malaria
Lecturer/ Resource
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2012—2018
Rollins School of Public Health, Emory University, Atlanta USA
Malaria Prevention, Control and Treatment (GH 574)
Lecturer
2006—2018
Centers for Disease Control and Prevention, Atlanta USA
Introduction to Parasitology
Lecturer
2016—2017
School of Public Health, Georgia State University, Atlanta USA
Introduction to Global Health (PH 7600)
Lecturer
2016
School of Public Health, Georgia State University, Atlanta USA
Introduction to Public Health (PH 2000)
Lecturer
2007—2010
Rollins School of Public Health, Emory University, Atlanta USA
Global Perspectives in Parasitic Diseases (GH 516)
Lecturer
1999—2002
Centers for Disease Control and Prevention, Atlanta USA
STOP Polio Initiative Pre-Deployment Course
Lecturer
1996—2000
Centers for Disease Control and Prevention, Atlanta USA
Introduction to Parasitology
Course Coordinator
1992—1993
College of Arts & Sciences, Johns Hopkins Univ., Baltimore USA
Introduction to Public Health (AS 230)
Course Director
General Teaching Activities
1996—2018
Epidemiology Elective for Medical/ Veterinary Students,
Centers for Disease Control and Prevention, Atlanta USA
Supervisor
1995—2018
Epidemic Intelligence Service, Centers for Disease Control and
Prevention, Atlanta USA
Supervisor
2002—2003
International Health Program, Rainbow Babies and Children’s
Hospital, MetroHealth Medical Center and Case Western Reserve
University, Cleveland USA
Preceptor
2000—2002
Enhanced Capacity Development Program for CDC Malaria
Collaborators, Atlanta USA
Coordinator
1998—2001
General Preventive Medicine Residency, Emory University, Atlanta
USA
Supervisor
1997—2000
Asian Collaborative Training Network for Malaria, Bangkok,
THAILAND
Faculty and Curriculum
Committee
1992
US Peace Corps, Igbo-Ora, NIGERIA
Technical Training
Coordinator
PhD and Masters Theses Trainees
2018--2021
Heilbrunn Department of Population and Family Health,
Columbia University Mailman School of Public Health—DrPH in
Leadership for Global Health and Humanitarian Systems
5 DrPH candidates
DrPH academic advisor
2018—2020
Heilbrunn Department of Population and Family Health,
Columbia University School of Public Health
10 MPH candidates
MPH academic advisor
2011—2014
Department of Infectious Disease Epidemiology, Imperial College,
London UK
Dr Bhargavi Rao: “Barriers to effectiveness—artemisinin
combination therapies and the health system.”
PhD field advisor
2006—2009
Department of Economics, Yale University, New Haven USA
Dr. Achuyta Adhvaryu: “Essays on the adoption of new malaria
therapy in Tanzania.”
PhD field advisor
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2004—2010
Department of Anthropology, New York University, New York
USA
Dr René Gerrets: “Globalizing international health—the cultural
politics of ‘parntership’ in Tanzanian malaria control.”
PhD field advisor
2003—2009
Department of Epidemiology and Public Health, Swiss Tropical
and Public Health Institute, Basel SWITZERLAND
Dr Rashid Khatib: “Malaria control dynamics in rural Tanzania—
evaluation of the implementation of artemisinin-based
combination therapy.”
PhD field advisor
2008—2009
Department of Global Health, Morehouse School of Medicine,
Atlanta USA
Dr Daniel Okenu: “The impact of antimalarial combination therapy
on the prevalence of malaria parasitemia and anemia in rural
Tanzania.”
MPH preceptor and
examiner
2008—2009
Department of Epidemiology, Emory University, Atlanta USA
Ms Katia Bruxvoort: “Effect of insecticide-treated nets and indoor
spraying on parasitemia and anemia in children under five.”
MPH preceptor and
examiner
2007—2009
Department of Pediatric Infectious Diseases, Emory University,
Atlanta USA
Dr Julie Gutman: “Assessing the efficacy of sulfadoxine/
pyrimethamine (SP), the combination of SP + artesunate, and
artemether-lumefantrine for uncomplicated malaria.”
MSc mentor
2001—2008
Department of Zoology, Sokoine Agricultural University,
Morogoro TANZANIA
Dr Allan Malisa: “The evolutionary dynamics of genetic
determinants of Plasmodium falciparum resistance to sulfadoxine/
pyrimethamine in southeastern Tanzania.”
PhD field advisor
2005—2006
African Studies Program, Swiss Tropical Institute and University
of Basel, Basel SWITZERLAND
Ms Daria Czendlik: “Malaria in pregnancy—risks, insecticide-
treated nets and intermittent preventive treatment, a study in
Rufiji District, Tanzania
MA mentor and
external examiner
2004—2006
Australian Centre for Economic Research on Health and
Australian National University, Canberra AUSTRALIA
Dr Masha Somi: “Vicious cycles between health and wealth:
Evidence from the relationship between socioeconomic status and
malaria in rural Tanzania.”
PhD field advisor
2004—2005
Department of Behavioral Science and Health Education, Emory
University, Atlanta USA
Ms Meklit Hailemeskal: “Health communication for optimizing
antimalarial combination therapy for malaria treatment in
Tanzania.”
MPH preceptor and
examiner
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2003—2008
Department of Public Health and Epidemiology, Karolinska
Institute, Stockholm SWEDEN
Dr Achuyt Bhattarai: “Impact of artemisinin combination therapy
on the public health burden of malaria in the Zanzibar
Archipelago.”—INCOMPLETE
PhD field advisor (and
proposed external
examiner)
1996—2003
Department of Health Promotion, Universtity of Maastricht,
Maastricht, NETHERLANDS
Dr Jane Alai: “Insecticide-treated bednets for malaria control—
relevance for utilization in a western Kenyan community.”
PhD field advisor
PhD Examination- Advisory- and Defense Committees
2019—2021
Department of Environmental Health Sciences, Columbia
University Mailman School of Public Health, New York, NY
Mr Israel U Ukawuba: “Forecasting malaria incidence from climate
data in Rwanda”
PhD Committee
2019—2021
Department of Population and Family Health, Columbia
University Mailman School of Public Health, New York, NY
Dr Hana Thomas: “Acute Care and Emergency Referral
Strengthening (ACERS): Improving Emergency Obstetrical and
Neonatal Quality of Care in Ghana”
PhD Committee; faculty
sponsor
2020 (expected)
Dept. of Public Health, the Open University, Milton Keynes UK
Beatrice Amboko: “Trends and determinants of the quality of
outpatient malaria case-management in Kenya.”
External Examiner
2019
Department of Environmental Health Sciences, Columbia
University Mailman School of Public Health, New York, NY
Dr Alexandra K Heaney: “Forecasting childhood diarrhea and
environmental drivers in Botswana”
PhD Committee
2019
Department of Epidemiology, Columbia University Mailman
School of Public Health, New York, NY
Dr Beth Rubenstein: “Microcredit, temptation spending and health
outcomes in Indonesia: a longitudinal evaluation”
PhD Committee
2017
Dept. of Public Health, the Open University, Milton Keynes UK
Dr George Okello: “Producing malaria indicators through District
Health Information Software 2.”
External Examiner
2016
Department of Public Health and Caring Sciences, Uppsala
University, Uppsala SWEDEN
Dr Emily White Johansson: “Beyond ‘test and treat’—malaria
diagnostic test use, and adherence into IMCI practice”
External Examiner
2009—2015
Department of Epidemiology and Population Health, London
School of Hygiene and Tropical Medicine, London UK
Dr Katia Bruxvoort: “Factors associated with adherence to
antimalarial combination therapy in Tanzania”
PhD Committee
2010—2013
Department of Epidemiology, Swiss Tropical and Public Health
Institute, Basel SWITZERLAND
Dr Irene Masanja: “Influence of health systems in malaria case
management as part of malaria control in Tanzania.”
External Examiner
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2009—2013
Department of Health Services Research and Health Policy,
Emory University, Atlanta USA
Dr Joseph Njau: “Essays on the economic and socio-economic
effectiveness of large-scale malaria control programs in three
subSaharan African countries.”
PhD Committee
2004—2007
Department of Epidemiology, Swiss Tropical Institute, Basel
SWITZERLAND
Dr. Manuel Hetzel: “Access to prompt and effective malaria
treatment in the Kilombero Valley, Tanzania.”
External Examiner
Other Trainee Advisory Roles
2019—present
Department of Environmental Health Sciences, Columbia
University Mailman School of Public Health, New York, NY
Ms Victoria Lynch: “Health effects of extreme weather events and
seasonal flooding in the United States”
Advisory Committee
Member
2019—present
Department of Pediatrics, Vagelos College of Physicians and
Surgeons, Columbia University, New York, NY
Dr Nadir Ijaz (Critical Care Medicine Fellow): “Bubble CPAP
implementation for pediatric respiratory distress in district
hospitals in Pakistan”
Scientific Oversight
Committee Member
2017—present
Barcelona Institute for Global Health (ISGlobal), Barcelona SPAIN
Research Assistant Professor Dr Carlos Chaccour: UNITAID-funded
program: “Broad One Health Endectocide-based Malaria
Intervention in Africa”
External Faculty Mentor
2009—2011
Association of Schools and Programs in Public Health, Allan
Rosenfield Fellowship in Global Epidemiology, Washington USA
Ms Eugenie Poirot
Mentor
Patents and Inventions___________________________________________________________________
None.
Publications_______________________________________________________
Original, Peer Reviewed Articles
1. SP Kachur, AJ Sonnega, R Cintron, C Farup, K Silbersiepe, K Marconi, M McKinney, M Pounds, DD Celentano,
J Kwait (1992). An analysis of the Greater Baltimore HIV Services Planning Council. AIDS and Public Policy
Journal 7(4):238-246.
2. LB Potter, KE Powell, SP Kachur (1995). Suicide prevention from a public health perspective. Suicide and
Life-Threatening Behavior 25(1):82-91. PMID: 7631377.
3. SP Kachur, LB Potter, KE Powell, ML Rosenberg (1995). Suicide: epidemiology, prevention and treatment.
Adolescent Medicine State of the Art Reviews 6(2):171-182. PMID: 10358309.
4. SP Kachur (1995). Premature mortality from firearm-related injuries in the United States: a comparison of
methods. Technology: The Journal of the Franklin Institute 332(A):105-110.
5. AM Dellinger, SP Kachur, E Sternberg, J Russell (1996). Risk of heat-related injury to disaster relief workers
in a slow-onset flood disaster. Journal of Occupational Medicine 38(7):689-692. PMID: 8823659.
6. SP Kachur, GM Stennies, KE Powell, W Modzeleski, R Stephens, R Murphy, M Kresnow, D Sleet, R Lowry
(1996). School-associated violent death in the United States 1992 to 1994. JAMA: Journal of the American
Medical Association 275(22):1729-1733. PMID: 8637169.
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7. SP Kachur, E Nicolas, V Jean-Francois, PB Bloland, Y Saint Jean, DL Mount, TK Ruebush, A Benitez, P Nguyen-
Dinh (1998). Prevalence of malaria parasitemia and accuracy of microscopic diagnosis in Haiti, October
1995. Revista PanAmericana de Salud Publica/ PanAmerican Journal of Public Health 3(1):35-39. PMID:
9503961.
8. HA Williams, SP Kachur, NC Nalwamba, AW Hightower, C Simoonga, PC Mphande (1999). A community
perspective on the efficacy of malaria treatment options for children in Lundazi District, Zambia. Tropical
Medicine and International Health 4(10):641-652. PMID: 10583897.
9. SP Kachur, PA Phillips-Howard, AM Odhacha, TK Ruebush, AJ Oloo, BL Nahlen (1999). Maintenance and
sustained use of insecticide treated bednets and curtains 3 years after a controlled trial in western Kenya.
Tropical Medicine and International Health 4(11): 728-735. PMID: 10588766.
10. C Baume, D Helitzer, SP Kachur (2000). Patterns of care for childhood malaria in Zambia. Social Science and
Medicine 51(10):1505-1515. PMID: 11077952.
11. RA Jadak, B Pare, SP Kachur, JM Zenilman (2000). Self-reported weapon ownership, use, and violence
experience among clients accessing an inner-city sexually transmitted diseases clinic. Research in Nursing
and Health 6(4):324-335. PMID: 10871536.
12. JR MacArthur, TH Holtz, J Jenkins, JP Newall, JE Koehler, ME Parise, SP Kachur (2001). Brief report: Probable
mosquito-transmitted malaria in Georgia, 1999. Clinical Infectious Diseases 32e(7):124-128. PMID:
11283820.
13. TH Holtz, LH Marum, C Mkandala, N Chizani, JM Roberts, A Macheso, ME Parise, SP Kachur (2002).
Insecticide-treated bednet use, anemia, and malaria parasitemia in Blantyre District, Malawi. Tropical
Medicine and International Health 7(3):220-230. PMID: 11903984.
14. JA Alaii, HW van den Borne, SP Kachur, HA Mwenesi, JM Vulule, WA Hawley, MI Meltzer, BL Nahlen, PA
Phillips-Howard (2003). Perceptions of bed nets and malaria prevention before and after a randomized
controlled trial of permethrin-treated bed nets in western Kenya. American Journal of Tropical Medicine
and Hygiene 68(4 Supplement):142-148. PMID: 12749498.
15. JA Alaai, HW van den Borne, SP Kachur, K Shelley, HA Mwenesi, JM Vulule, WA Hawley, BL Nahlen, PA
Phillips-Howard (2003). Community reactions to the introduction of permethrin-treated bed nets for
malaria control during a randomized controlled trial in western Kenya. American Journal of Tropical
Medicine and Hygiene 68(4 Supplement):128-136. PMID: 12749496.
16. J Arudo, JE Gimnig, FO ter Kuile, SP Kachur, L Slutsker, MS Kolczak, WA Hawley, ASS Orago, BL Nahlen, PA
Phillips-Howard (2003). Comparison of government statistics and demographic surveillance to monitor
mortality in children less than 5 years old in rural western Kenya. American Journal of Tropical Medicine and
Hygiene 68(4 Supplement):30-37. PMID: 12749483.
17. PA Phillips-Howard, BL Nahlen, MS Kolczak, AW Hightower, FO ter Kuile, JA Alaii, JE Gimnig, J Arudo, JM
Vulule, A Odhacha, SP Kachur, E Schoute, DH Rosen, JD Sexton, AJ Oloo, WA Hawley (2003). Efficacy of
permethrin-treated bed nets in the prevention of mortality in young children in an area of high perennial
malaria transmission in western Kenya. American Journal of Tropical Medicine and Hygiene 68(4
Supplement):23-29. PMID: 12749482.
18. PA Phillips-Howard, FO ter Kuile, BL Nahlen, JA Alaii, JE Gimnig, MS Kolczak, DJ Terlouw, SK Kariuki, YP Shi, SP
Kachur, AW Hightower, JM Vulule, WA Hawley (2003). The efficacy of permethrin-treated bed nets on child
mortality and morbidity in western Kenya II. Study design and methods. American Journal of Tropical
Medicine and Hygiene 68(4 Supplement):10-15. PMID: 12749480.
19. PA Phillips-Howard, BL Nahlen, JA Alaii, FO ter Kuile, JE Gimnig, DJ Terlouw, SP Kachur, AW Hightower, AA
Lal, E Schoute, AJ Oloo, WA Hawley (2003). The efficacy of permethrin-treated bed nets on child mortality
and morbidity in western Kenya I. Development of infrastructure and description of study site. American
Journal of Tropical Medicine and Hygiene 68(4 Supplement):3-9. PMID: 12749479.
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20. TH Holtz, SP Kachur, LH Marum, C Mkandala, N Chizani, JM Roberts, ME Parise, A Macheso (2003). Care-
seeking behavior and home management of febrile illness in children: a household survey in Blantyre
District, Malawi. Transactions of the Royal Society for Tropical Medicine and Hygiene 97(5): 491-497. PMID:
15307408.
21. PB Bloland, SP Kachur, HA Williams (2003). Trends in antimalarial drug deployment in subSaharan Africa.
Journal of Experimental Biology 206(21):3761-3769. PMID: 14506211.
22. TH Holtz, SP Kachur, LH Marum, C Mkandala, N Chizani, JM Roberts, ME Parise, A Macheso (2004). Use of
antenatal care services and intermittent preventive treatment among pregnant women in Blantyre District,
Malawi. Tropical Medicine and International Health 9(1):77-82. PMID: 14728610.
23. C Goodman, SP Kachur, S Abdulla, E Mwageni, J Nyoni, J Armstrong Schellenberg, A Mills, PB Bloland (2004).
Retail supply for malaria-related drugs in rural Tanzania: threats and opportunities for improving malaria
treatment. Tropical Medicine and International Health 9(6):655-663. PMID: 15189455.
24. SP Kachur, R Khatib, E Kaizer, S Fox, S Abdulla, PB Bloland (2004). Adherence to antimalarial combination
therapy with sulfadoxine/ pyrimethamine and artesunate in rural Tanzania. American Journal of Tropical
Medicine and Hygiene 71(6): 715-722. PMID: 15642960.
25. R. Pearce, A Malisa, SP Kachur, KI Barnes, B Sharp, C Roper (2005). Reduced variation around drug-resistant
dhfr alleles in African Plasmodium falciparum. Molecular Biology and Evolution 22(9):1834-1844. PMID:
15917494.
26. SP Kachur, J Schulden, CA Goodman, H Kassala, BF Elling, RA Khatib, LM Causer, S Mkikima, S Abdulla, PB
Bloland (2006). Prevalence of malaria parasitemia among clients obtaining treatment for fever or malaria at
drug stores in rural Tanzania, 2004. Tropical Medicine and International Health 11(4): 441-451. PMID:
16553927.
27. JD Njau, C Goodman, SP Kachur, N Palmer, RA Khatib, S Abdulla, A Mills, PB Bloland (2006). Fever treatment
and household wealth: the challenge posed for rolling out combination therapy for malaria. Tropical
Medicine and International Health 11(3):299-313. PMID: 16553910.
28. SP Kachur, C Black, C Goodman, S Abdulla (2006). Putting the genie back in the bottle? Availability and
presentation of oral artemisinin compounds at retail drug stores in urban Dar-es-Salaam. Malaria Journal
5:25e. PMID: 16569252.
29. MW Hetzel, JJ Msechu, C Goodman, C Lengeler, B Obrist, SP Kachur, A Makemba, R Nathan, A Schultze, H
Mshinda (2006). Decreased availability of antimalarials in the private sector following the policy change from
chloroquine to sulpahdoxine-pyrimethamine in the Kilombero Valley, Tanzania. Malaria Journal 5:109e.
PMID: 17105662.
30. J Skarbinski, JJ Massaga, AK Rowe, SP Kachur (2007). Distribution of free untreated bednets bundled with
insecticide via an integrated child health campaign in Lindi Region, Tanzania: lessons for future campaigns.
American Journal of Tropical Medicine and Hygiene 76(6):1100-1106. PMID: 17556618.
31. CA Goodman, SP Kachur, S Abdulla, PB Bloland, A Mills (2007). Drug shop regulation and malaria treatment
in Tanzania—why do shops break the rules and does it matter? Health Policy and Planning 22(6):393-403.
PMID: 17921151.
32. GF Killeen, TA Smith, HM Ferguson, H Mshinda, S Abdulla, C Lengeler, SP Kachur (2007). Preventing
childhood malaria in Africa by protecting adults from mosquitoes with insecticide-treated nets. PLoS
Medicine 4(7):229e. PMID: 17608562.
33. MF Somi, JR Butler, F Vahid, JD Njau, SP Kachur, S Abdulla (2007). Economic burden of malaria in rural
Tanzania: variations by socioeconomic status and season. Tropical Medicine and International Health 12
(10):1139-1147. PMID: 17956495.
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34. MF Somi, JR Butler, F Vahid, JD Njau, SP Kachur, S Abdulla (2007). Is there evidence for dual causation
between malaria and socioeconomic status? Findings from rural Tanzania. American Journal of Tropical
Medicine and Hygiene 77 (6):1020-7. PMID: 18165515.
35. A Bhattarai, AS Ali, SP Kachur, A Mårtensson, AK Abbas, RA Khatib, AW al-Mafwazy, M Ramsan, G Rotllant,
JF Gerstenmaier, F Molteni, S Abdulla, SM Montgomery, A Kaneko, A Björkman (2007). Impact of
artemisinin-based combination therapy and insecticide-treated nets on malaria burden in Zanzibar. PLoS
Medicine 4 (11):309e. PMID: 17988171.
36. JD Njau, CA Goodman, SP Kachur, J Mulligan, JS Munkondya, N Mchomvu, S Abdulla, PB Bloland, A Mills
(2008). The costs of introducing artemisinin-based combination therapy: evidence from district-wide
implementation in rural Tanzania. Malaria Journal 7:4e. PMID: 18179716.
37. RA Khatib, GF Killeen, SMK Abdulla, E Kahigwa, PD McElroy, RPM Gerrets, PD McElroy, H Mshinda, A Mwita,
SP Kachur (2008). Markets, voucher subsidies and free nets combine to achieve high bed net coverage in
rural Tanzania. Malaria Journal 7 (98)e. PMID: 18518956.
38. J Skarbinski, CA Winston, JJ Massaga, SP Kachur, AK Rowe (2008). Assessing the validity of health facility-
based data in insecticide-treated bednet possession and use: comparison of data collected via health facility
and household surveys—Lindi Region and Rufiji District, Tanzania, 2005. Tropical Medicine and International
Health 13(3):396-405. PMID: 18397401.
39. MF Somi, JR Butler, F Vahid, JD Njau, SP Kachur, S Abdulla (2008). Use of proxy measures in estimating
socioeconomic inequalities in malaria prevalence. Tropical Medicine and International Health 13(3):354-64.
PMID: 18397398.
40. AM Kabanywanyi, JR MacArthur, WA Stolk, JDF Habbema, H Mshinda, PB Bloland, S Abdulla, SP Kachur
(2008). Malaria in pregnant women in an area with sustained high coverage of insecticide-treated bednets.
Malaria Journal 7:133e. PMID: 18644118.
41. M McMorrow, I Masanja, S Abdulla, E Kahigwa, SP Kachur (2008). Challenges in routine implementation
and quality control of rapid diagnostic tests for malaria in Rufiji District, Tanzania. American Journal of
Tropical Medicine and Hygiene 79(3):385-390. PMID: 18784230.
42. R Bronzan, M McMorrow, SP Kachur (2008). Diagnosis and treatment of malaria: guidelines for endemic and
non-endemic regions. Molecular Diagnosis and Therapy 12(5):299-306. PMID: 18803428.
43. H Kaur, CA Goodman, MI Masanja, E Thompson, KA Thompson, SP Kachur, S Abdulla (2008). A nationwide
survey of the quality of antimalarial drugs at retail outlets in Tanzania. PLoS ONE 3(10): e3403. PMID:
18923672.
44. HA Williams, L Causer, E Metta, A Malila, T O’Reilly, S Abdulla, SP Kachur, PB Bloland (2008). Dispensary
level pilot implementation of rapid diagnostic tests: an evaluation of RDT acceptance and usage by providers
and patients—Tanzania, 2005. Malaria Journal 7:239e. PMID: 19019233.
45. CA Goodman, SP Kachur, S Abdulla, PB Bloland, A Mills (2009). Concentration and drug prices in the retail
market for malaria treatment in rural Tanzania. Health Economics 18(6):727-742. PMID: 19301420.
46. ND Walter, T Lyimo, J Skarbinski, E Metta, E Kahigwa, B Flannery, SF Dowell, S Abdulla, SP Kachur (2009).
Why first-level health workers fail to follow guidelines for managing severe disease in children in the Coast
Region, United Republic of Tanzania. Bulletin of the World Health Organization 87(2):99-107. PMID:
19274361.
47. R Pearce, H Pota, MB Evehe, B el Hadj, G Mombo-Ngoma, A Malisa, R Ord, W Inojosa, A Matondo, DA Diallo,
W Mbacham, IV van den Broek, TD Swarthout, A Assefa, S Dejene, MP Grobusch, F Njie, S Dunyo, M Kweku,
S Owusu-Ageyi, D Chandramohan, M Bonnet, JP Guthmann, S Clarke, K Barnes, E Streat, ST Katokele, P
Uusiku, CO Agboghoroma, OY Elegba, B Cisse, IE A-Elbasit, HA Giha, SP Kachur, C Lynch, J Rwakimari, P
Chanda, M Hawela, B Sharp, I Naidoo, C Roper (2009). Dispersal of drug resistant dhps reveals regional
migration patterns among African P. falciparum. PLoS Medicine 6(4) e1000055. PMID: 19365539.
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48. J Hwang, S McClintock, J Williamson, SP Kachur, L Slutsker, P Arguin (2009). Comparison of National Malaria
Surveillance System with the National Notifiable Disease Surveillance System in the United States: a capture-
recapture approach. Journal of Public Health Management Practice 15(4):345-351. PMID: 19525779.
49. AK Rowe, SP Kachur, S Yoon, M Lynch, L Slutsker, R Steketee (2009). Caution is required when using health
facility data to evaluate the health impact of malaria control in Africa. Malaria Journal 8:209. PMID:
19728880.
50. M McMorrow, MI Masanja, E Kahigwa, S Abdulla, SP Kachur (2010). Quality assurance of rapid diagnostic
tests for malaria in routine patient care in rural Tanzania. American Journal of Tropical Medicine and
Hygiene 82(1):151-155. PMID: 20065013.
51. J Hwang, PM Graves, SP Kachur, A Getachew, R Reithinger, T Gebre, D Jima and the Ethiopia Malaria
Indicators Survey Working Group (2010). Malaria-related health behaviors associated with women’s
knowledge of malaria — Malaria Indicator Survey, Ethiopia, 2007. PLoS ONE 5(7):e11692. PMID: 20657782.
52. A Stergachis, RJK Bartlein, A Dodoo, J Nwokike, SP Kachur (2010). A situational analysis of
pharmacovigilance plans in Global Fund malaria and US President’s Malaria Initiative proposals. Malaria
Journal 9:148e. PMID: 20509971.
53. AL Malisa, R Pearce, S Abdulla, H Mshinda, SP Kachur, PB Bloland, C Roper (2010). Drug coverage in
treatment of malaria and its consequences for resistance evolution—evidence from the use of
sulphadoxine/ pyrimethamine. Malaria Journal 9:190e. PMID: 20602754.
54. MI Masanja, M McMorrow, E Kahigwa, SP Kachur, P McElroy (2010). Health workers’ use of malaria rapid
diagnostic tests (RDTs) to guide clinical decision making in rural dispensaries, Tanzania. American Journal of
Tropical Medicine and Hygiene 83(6):1238-1241. PMID: 21118927.
55. N Lucchi, A Demas, J Narayanan, D Sumari, AM Kabanywanyi, SP Kachur, J Barnwell, V Udhayakumar (2010).
Real-time fluorescence loop mediated isothermal amplification for the diagnosis of malaria. PLOS One
5(10):e13733. PMID: 21060829.
56. The malERA Consultative Group on Health Systems and Operational Research (2011). A research agenda for
malaria eradication: health systems and operational research. PLOS Medicine 8(1):e 1000397. PMID:
21311588.
57. The malERA Consultative Group on Diagnoses and Diagnostics (2011). A research agenda for malaria
eradication: diagnoses and diagnostics. PLoS Medicine 8(1):e1000396. PMID: 21311583.
58. JI Thwing, JD Njau, C Goodman, J Munkondya, E Kahigwa, PB Bloland, S Mkikima, A Mills, SMK Abdulla, SP
Kachur (2011). Drug dispensing practices during implementation of artemisinin-based combination therapy
at health facilities in rural Tanzania, 2002-2005. Tropical Medicine and International Health 16(3):272-279.
PMID: 21226795.
59. A Demas, J Oberstaller, J DeBarry, NW Lucchi, G Srinivasamoorthy, D Sumari, AM Kabanywanyi, L Villegas,
AA Escalante, SP Kachur, JW Barnwell, DS Peterson, V Udhayakumar, JC Kissinger (2011). Applied genomics:
Data mining reveals species-specific malaria diagnostic targets more sensitive than 18S rRNA. Journal of
Clinical Microbiology 49(7):2411-2418. PMID: 21525225.
60. TL Russell, NJ Govella, S Azizi, CJ Drakeley, SP Kachur, GF Killeen (2011). Increased proportions of outdoor
feeding among residual malaria vector populations following increased use of insecticide-treated nets in
rural Tanzania. Malaria Journal 10:80e. PMID: 21477321.
61. AL Malisa, R Pearce, S Abdulla, B Mutayoba, H Mshinda, SP Kachur, PB Bloland, C Roper (2011). Molecular
monitoring of resistant dhfr and dhps allelic haplotypes in Morogoro and Mvomeru districts in south eastern
Tanzania. African Health Sciences 11(2):142-150. PMID: 21857842.
62. AL Malisa, R Pearce, B Mutayoba, S Abdulla, H Mshinda, SP Kachur, PB Bloland, C Roper (2011). The
evolution of pyrimethamine-resistant dhfr in Plasmodium falciparum of southeastern Tanzania: comparing
selection under SP alone vs. SP+artesunate combination. Malaria Journal 10:317e. PMID: 22029848.
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63. KE Mace, D Mwandama, J Jafali, M Luka, SJ Filler, J Sande, D Ali, SP Kachur, D Mathanga, J Skarbinski (2011).
Adherence to treatment with artemether-lumefantrine for uncomplicated malaria in rural Malawi. Clinical
Infectious Diseases 53(8):772-779. PMID: 21921220.
64. J Hwang, BH Alemayehu, D Hoos, Z Melaku, SG Tekleyohannes, T Teshi, SG Birhanu, L Demeke, D Hoos, K
Gobena, M Kassa, D Jima, R Reithinger, H Nettey, M Green, JL Malone, SP Kachur, SJ Filler (2011). In vivo
efficacy of artemether-lumefantrine against uncomplicated Plasmodium falciparum malaria in central
Ethiopia. Malaria Journal 10:209e. PMID: 21798054.
65. ML McMorrow, M Aidoo, SP Kachur (2011). Malaria rapid diagnostic tests in elimination settings—can they
find the last parasite? Clinical Microbiology and Infection 17(11):1624-1631. PMID: 21910780.
66. AL Malisa, R Pearce, B Mutayoba, S Abdulla, H Mshinda, SP Kachur, P Bloland, C Roper (2011). Media, health
workers, and policy makers’ relationship and their impact on antimalarial policy adoption: a population
genetics perspective. Malaria Research and Treatment 2011:217276. PMID: 22347670.
67. D Townes, A Existe J Boncy, R Magloire, JF Vely, R Amsalu, MD Tavernier, J Muigai, S Hoibak, M Albert, M
McMorrow, L Slutsker, SP Kachur, M Chang (2012). Malaria Survey in Post-Earthquake Haiti—2010.
American Journal of Tropical Medicine and Hygiene 86(1):29-31. PMID: 22232446.
68. JR Gutman, SP Kachur, L Slutsker, A Nzila, T Mutabingwa (2012). Combination of probenecid-sulphadoxine-
pyrimethamine for intermittent preventive treatment in pregnancy. Malaria Journal 11:39e. PMID:
22321288.
69. RA Khatib, J Skarbinski, JD Njau, C Goodman, BF Elling, E Kahigwa, JM Roberts, JR MacArthur, J Gutman, AM
Kabanywanyi, EE Smith, MF Somi, T Lyimo, A Mwita, B Genton, M Tanner, A Mills, H Mshinda, PB Bloland, S
Abdulla, SP Kachur (2012). Routine delivery of artemisinin-based combination treatment via fixed health
facilities reduces malaria burden in rural Tanzania: an observational study. Malaria Journal 11:140e. PMID:
22545573.
70. BJ Huho, GF Killeen, HM Ferguson, A Tami, C Lengeler, JD Charlwood, A Kihonda, J Kihonda, SP Kachur, TA
Smith, S Abdulla (2012). The introduction of artemisinin-based combination therapy did not lead to
measurable reductions in human infectiousness to vectors in a setting of intense malaria transmission.
Malaria Journal 11:118e. PMID: 22513162.
71. MI Masanja, M Selemani, B Amuri, D Kajungu, RA Khatib, SP Kachur, J Skarbinski (2012). Increased use of
malaria rapid diagnostic tests improves targeting of antimalarial treatment in rural Tanzania: implications
for nationwide rollout of malaria rapid diagnostic tests. Malaria Journal 11:221e. PMID: 22747655.
72. AC Eziefula, R Gosling, J Hwang, MS Hsiang, T Bousema, L von Seidlein, C Drakeley and the Primaquine in
Africa Discussion Group (2012). Rationale for short course primaquine in Africa to interrupt malaria
transmission. Malaria Journal 11:360e. PMID: 23130957.
73. MS Hsiang, J Hwang, AR Tao, Y Liu, A Bennett, GD Shanks, J Cao, SP Kachur, RG Feachem, RD Gosling, Q Gao
(2013). Mass drug administration for the control and elimination of Plasmodium vivax malaria: an ecological
study from Jiangsu Province, China. Malaria Journal 12:383e. PMID: 24175930.
74. MI Masanja, M Selemani, RA Khatib, B Amuri, I Kuepfer, D Kajungu, D de Savigny, SP Kachur, J Skarbinski
(2013). Correct dosing of artemether-lumefantrine for management of uncomplicated malaria in rural
Tanzania: do facility and patient characteristics matter? Malaria Journal 12:446e. PMID: 24325267.
75. J Hwang, BH Alemayehu, R Reithinger, SG Tekleyohannes, T Teshi, SG Birhanu, L Demeke, D Hoos, Z Melaku,
M Kassa, D Jima, JL Malone, H Netty, M Green, A Poe, S Akinyi, V Udhayakumar, SP Kachur, S Filler (2013).
In vivo efficacy of artemether-lumefantrine and chloroquine against Plasmodium vivax: a randomized open
label trial in central Ethiopia. PLOS One 8(5):e63433. PMID: 23717423.
76. KA Lindblade, L Steinhardt, A Samuels, SP Kachur, L Slutsker (2013). The silent threat: asymptomatic
parasitemia and malaria transmission. Expert Reviews of Anti-Infective Therapy 11(6):623-639. PMID:
23750733.
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77. JD Njau, AM Kabanywanyi, CA Goodman, JR MacArthur, BK Kapella, JE Gimnig, E Kahigwa, PB Bloland, SM
Abdulla, SP Kachur (2013). Adverse drug events resulting from use of drugs with sulphonamide-containing
anti-malarials and artemisinin-based ingredients: findings on incidence and household costs from three
districts with routine demographic surveillance systems in rural Tanzania. Malaria Journal 12:236e. PMID:
23844934.
78. JD Njau, R Stephenson, M Menon, SP Kachur, DA McFarland (2013). Exploring the impact of targeted
distribution of free bed nets on household bed net ownership, socio-economic disparities and childhood
malaria infection rates: analysis of national malaria survey data from three sub-Saharan African countries.
Malaria Journal 12:245e. PMID: 23855893.
79. A Agarwal, M McMorrow, P Onyango, K Otieno, C Odero, J Williamson, S Kariuki, SP Kachur, L Slutsker, M
Desai (2013). A randomized trial of artemether-lumefantrine and dihydroartemisinin-piperaquine in the
treatment of uncomplicated malaria among children in western Kenya. Malaria Journal 12:254e. PMID:
23870627.
80. K Bruxvoort, A Kalolella, H Nchimbi, C Festo, M Taylor, R Thomson, M Cairns, J Thwing, I Kleinschmidt, C
Goodman, SP Kachur (2013). Getting antimalarials on target: impact of national roll-out of malaria rapid
diagnostic tests on health facility treatment in three regions of Tanzania. Tropical Medicine and
International Health 18(10):1269-1282. PMID: 23937722.
81. K Bruxvoort, C Goodman, SP Kachur, D Schellenberg (2014). How patients take malaria treatment: a
systematic review of the literature on adherence to antimalarial drugs. PLoS One 9(1):e84555. PMID:
24465418.
82. R Thomson, C Festo, B Johanes, A Kalolella, K Bruxvoort, H Nchimbi, S Tougher, M Cairns, M Taylor, I
Kleinschmidt, Y Ye, A Mann, R Ren, B Willey, F Arnold, K Hanson, SP Kachur, C Goodman (2014). Has
Tanzania embraced the green leaf? Results from outlet and household surveys before and after
implementation of the Affordable Medicines Facility—malaria. PLOS One 9(5):e95607. PMID: 24816649.
83. MA Briggs, A Kalolella, K Bruxvoort, R Wiegand, G Lopez, C Festo, P Lyaruu, M Kenani, S Abdulla, C Goodman,
SP Kachur (2014). Prevalence of malaria parasitemia and purchase of artemisinin-based combination
therapies among drug shop clients in two regions with ACT subsidies in Tanzania. PLOS One 9(4)e94074.
PMID: 24732258.
84. JD Njau, R Stephenson, SP Kachur, MP Menon, DA McFarland (2014). Investigating the important correlates
of maternal education and childhood malaria infections. American Journal of Tropical Medicine and Hygiene
91(3):509-519. PMID: 25002302.
85. J Hwang, K Cullen, SP Kachur, PM Arguin, JK Baird (2014). Severe morbidity and mortality risk from malaria
in the United States, 1985—2011. Open Forum Infectious Diseases 1(1):1-8. PMID: 25734104.
86. K Bruxvoort, C Festo, A Kalolella, M Cairns, P Lyaruu, M Kenani, SP Kachur, C Goodman, D Schellenberg
(2014). Cluster randomized trial of text message reminders to retail staff in Tanzanian drug shops dispensing
artemether-lumefantrine: effect on dispenser knowledge and patient adherence. American Journal of
Hygiene and Tropical Medicine 91(4):844-853. PMID: 25002300.
87. MM Plucinski, S Cichuecue, E Macete, J Colborn, S Yoon, SP Kachur, P Aide, P Alonso, C Guinovart, J Morgan
(2014). Evaluation of a universal coverage bed net distribution campaign in four districts in Sofala Province,
Mozambique. Malaria Journal 13:427e. PMID: 25373784.
88. World Health Organization (2014). Severe malaria. Tropical Medicine and International Health 19(suppl
1):7-131. PMID: 25214480.
89. A Roca-Feltrer, N Khim, S Kim, Sophy Chy, L Canier, A Kerleguer, P Tor, CM Chuor, S Kheng, S Siv, SP Kachur,
WRJ Taylor, J Hwang, D Menard (2014). Field trial evaluation of the performances of point-of-care tests for
screening G6PD deficiency in Cambodia. PLoS One 9(12):e116143. PMID: 25541721.
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90. MI Masanja, ML McMorrow, MB Maganga, D Sumari, V Udhayakumar, PD McElroy, SP Kachur, NW Lucchi
(2015). Quality assurance of malaria rapid diagnostic tests used for routine patient care in rural Tanzania:
microscopy versus real-time polymerase chain reaction. Malaria Journal 14:85e. PMID: 25889613.
91. WWARN Artemether-Lumefantrine Dose Impact Study Group (2015). The effect of dose on the antimalarial
efficacy of artemether-lumefantrine: a systematic review and pooled analysis of individual patient data.
Lancet Infectious Diseases 15(6):692-702. PMID: 25788162.
92. ACT Consortium Drug Quality Project Team and IMPACT2 Study Team (2015). Quality of artemisinin-
containing antimalarials in Tanzania’s private sector—results from a nationally representative outlet survey.
American Journal of Tropical Medicine and Hygiene 92(6 Suppl):75-86. PMID: 25897065.
93. E Talundzic, S Akiniyi, K Congpuong, MM Plucinski, L Morton, I Goldman, SP Kachur, C Wongsrichanalai, W
Satimai, JW Barnwell, V Udhayakumar (2015). Selection and spread of artemisinin resistant alleles in
Thailand prior to the global artemisinin resistance containment campaign. PLoS Pathogens 11(4):e1004789.
PMID: 25836766.
94. K Bruxvoort, A Kalolella, M Cairns, C Festo, SP Kachur, D Schellenberg, C Goodman (2015). Are Tanzanian
patients attending public facilities or private retailers more likely to adhere to artemisinin-based
combination therapy. Malaria Journal 14:87e. PMID: 25889767.
95. M Plucinksi, T Guilavogui, S Sidikiba, N Diakité, S Diakité, M Dioubaté, I Bah, I Hennessee, JK Butts, ES Halsey,
PD McElroy, SP Kachur, J Aboulab, R James, M Keita (2015). Effect of the Ebola-virus-disease epidemic on
malaria case management in Guinea, 2014: a cross-sectional survey of health facilities. Lancet Infectious
Diseases 15(9):1017-1023. PMID: 26116183.
96. G Newby, J Hwang, K Koita, I Chen, B Greenwood, L von Seidlein, GD Shanks, LM Slutsker, SP Kachur, I Chen,
J Wegbreit, M Ippolito, E Poirot, R Gosling (2015). Review of mass drug administration for malaria and its
operational challenges. American Journal of Tropical Medicine and Hygiene 93(1):125-34. PMID: 26013371.
97. VL Phillips, JD Njau, S Li, SP Kachur (2015). Simulations show diagnostic testing for malaria in young African
children can be cost-saving or cost-effective. Health Affairs 34(7):1196-1204. PMID: 26153315.
98. K Bruxvoort, C Festo, M Cairns, A Kalollela, F Mayaya, SP Kachur, D Schellenberg, CA Goodman (2015).
Measuring patient adherence to malaria treatment: a comparison of results from self report and a
customized electronic monitoring device. PLoS One 10(7):e0134275. PMID: 26214848.
99. WWARN Artemisinin-based combination therapy Africa Baseline Study Group (2015). Clinical determinants
of early parasitological response to ACTs in African patients with uncomplicated malaria: a pooled analysis of
individual patient data. BMC Medicine 13:212e. PMID: 26343145.
100.
PS Twomey, BL Smith, C McDermott, A Novitt-Moreno, W McCarthy, SP Kachur, PM Arguin (2015).
Intravenous artesunate for the treatment of severe and complicated malaria in the United States: Clinical
use under an Investigational New Drug Protocol. Annals of Internal Medicine 163(7):498-506. PMID:
26301474.
101.
MM Plucinski, S Chichuecue, E Macete, GA Chambe, O Muguande G Matsinhe, J Colborn, SS Yoon, TJ
Doyle, SP Kachur, P Aide, PL Alonso, C Guinovart, J Morgan (2015). Sleeping arrangements and mass
distribution of bednets in six districts in central and northern Mozambique. Tropical Medicine and
International Health 20(12):1685-1695. PMID: 26338026.
102.
M Bushman, L Morton, N Duah, N Quashie, B Abuaku, KA Koram, PR Dimbu, M Plucinski, J Gutman, P
Lyaruu, SP Kachur, JC de Roode, V Udhayakumar (2016). Within host competition in the human malaria
parasite Plasmodium falciparum. Proceedings of the Royal Society B 283(1826):20153038. PMID: 26984625.
103.
WWARN Gametocyte Study Group (2016). Gametocyte carriage in uncomplicated Plasmodium
falciparum malaria: a systematic review and pooled analysis of individual patient data. BMC Medicine
14(1):79e. PMID: 27221542.
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104.
P Wangroongsarb, J Hwang, J Thwing, S Karuchit, T Kiratihatayakorn, A Rand, C Drakeley, JR MacArthur,
SP Kachur, W Satimai, S Meek, DM Sintasath (2016). Using respondent driven sampling to identify malaria
risks and occupational networks among migrant workers in Ranong, Thailand. PLOS Medicine
11(12):e0178371. PMID: 28033322.
105.
LC Steinhardt, Y St Jean, D Impoinvil, K Mace, R Wiegand, CS Huber, JS Fils Alexandre, J Frederick, E
Nkuruziza, S Jean, B Wheeler, E Dotson, L Slutsker, SP Kachur, J Barnwell, JF Lemoine, MA Chang (2017).
Effectiveness of insecticide-treated bednets in malaria prevention in Haiti: a case-control study. Lancet
Global Health 5(1):e96-103. PMID: 27894851.
106.
H Hopkins, K Bruxvoort, ME Cairns, CIR Chandler, B Leurent, EK Anasah, F Baiden, KA Baltzell, A
Björkman, HED Burchett, SE Clarke, DD DiLiberto, K Elfving, C Goodman, KS Hansen, SP Kachur, S Lal, DG
Lalloo, T Leslie, P Magnussen, L Mangham-Jefferies, A Mårtensson, I Mayan, AK Mbonye, MI Mwinyi, OE
Onwujekwe, S Owusu-Agyei, H Reyburn, MW Rowland, D Shakely, LS Vestergaard, J Webster, VL Wiseman, D
Schellenberg, SG Staedke, CJM Whitty (2017). Impact of introduction of rapid diagnostic tests for malaria on
antibiotic prescribing: analysis of observational and randomized studies in public and private healthcare
settings. BMJ 356:j1054. PMID: 28356302.
107.
KJ Bruxvoort, B Leurent, CIR Chandler, EK Ansah, F Baiden, A Björkman, HED Burchett, SE Clarke, B
Cundill, DD DiLiberto, K Elfving, C Goodman, KS Hansen, SP Kachur, S Lal, DG Lalloo, T Leslie, P Magnussen, L
Mangham-Jefferies, A Mårtensson, I Mayan, AK Mbonye, MI Msellem, OE Onwujekwe, S Owusu-Agyei, MW
Rowland, D Shakely, SG Staedke, LS Vestergaard, J Webster, CJM Whitty, VL Wiseman, S Yeung, D
Schellenberg, H Hopkins (2017). The impact of introducing malaria rapid diagnostic tests on fever case
management: a synthesis of ten studies from the ACT Consortium. American Journal of Tropical Medicine
and Hygiene 97(4):1170-1179. PMID: 28820705.
108.
T Abreha, J Hwang, K Thriemer, Y Tadesse, S Girma, Z Melaku, A Assefa, M Kassa, MD Chatfield, KZ
Landman, SM Chenet, NW Lucchi, V Udhayakumar, Z Zhou, YP Shi, SP Kachur, D Jima, A Kebede, H Solomon,
A Mekasha, BH Alemayhu, JL Malone, G Dissanayake, H Teka, S Auburn, L von Seidlein, RN Price (2017).
Comparison of artemether-lumefantrine and chloroquine with and without primaquine for the treatment of
Plasmodium vivax in Ethiopia: a randomized controlled trial. PLoS Medicine 14(5):e1002299. PMID:
28510573.
109.
AM Samuels, N Awino, W Odongo, B A’bongo, J Gimnig, K Otieno, YP Shi, Vincent Were, DR Allen, F
Were, T Sang, D Obor, J Williamson, MJ Hamel, SP Kachur, L Slutsker, K Lindblade, S Kariuki, M Desai (2017).
Community-based intermittent mass testing and treatment for malaria in an area of high transmission
intensity: study design and methodology for a cluster-randomized controlled trial. Malaria Journal 16:240e.
PMID: 28592250.
110.
JF Lemoine, J Boncy, S Filler, SP Kachur, D Fitter, MA Chang (2017). Haiti’s commitment to malaria
elimination: progress in the face of challenges, 2010-2016. American Journal of Tropical Medicine and
Hygiene 97(Suppl. 4):43-48. PMID: 29064360.
111.
A Bhattarai, SP Kachur [eds.] (2017). Evaluating the impact of malaria control interventions in sub-
Saharan Africa. American Journal of Tropical Medicine and Hygiene 97(3 Supplement):1-110.
112.
malERA Refresh Consultative Panel on Combination Interventions and Modeling (2017). malERA: an
updated research agenda for combination interventions and modeling in malaria elimination and
eradication. PLoS Medicine 14(11):1002453. PMID: 29190295.
113.
malERA Refresh Consultative Panel on Insecticide and Drug Resistance (2017). malERA: an updated
research agenda for insecticide and drug resistance in malaria elimination and eradication. PLoS Medicine
14(11):e1002450. PMID: 29190671.
114.
MM Plucinski, D Dimbu, F Fortes, S Abdulla, S Ahmed, J Gutman, SP Kachur, A Badiane, D Ndiaye, E
Talundzic, N Lucchi, M Aidoo, V Udhayakumar, E Halsey, E Rogier (2018). Post-treatment HRP2 clearance in
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patients with uncomplicated Plasmodium falciparum malaria. Journal of Infectious Diseases 217(5):685-692.
PMID: 29220497.
115.
V Were, AM Buff, M Desai, S Kariuki, A Samuels, FO ter Kuile, PA Phillips-Howard, SP Kachur, L Niessen
(2018). Socioeconomic health inequality in malaria indicators in rural western Kenya: evidence from a
household malaria survey on burden and care-seeking behavior. Malaria Journal 17:166e. PMID: 29661245.
116.
EW Kanmiki, JK Awoonor-Williams, JF Phillips, SP Kachur, SF Achana, J Akazili, AA Bawah (2019). Socio-
economic and demographic disparities in ownership and use of insecticide-treated bed nets for preventing
malaria among rural reproductive-aged women in northern Ghana. PLoS One 14:e0211365. PMID:
30695044.
117.
NA Odero, AM Samuels, W Odongo, B Abong’o, J Gimnig, K Otieno, C Odero, D Obor, M Ombok, V Were,
T Sang, MJ Hamel, SP Kachur, L Slutsker, KA Lindblade, S Kariuki, M Desai (2019). Community-based
intermittent mass testing and treatment for malaria in an area of high transmission intensity, western
Kenya: development of study site infrastructure and lessons learned. Malaria Journal 18:255. PMID:
31357997.
118.
RA Ashton, A Bennett, AW al-Mafazy, AK Abass, MI Msellem, P McElroy, SP Kachur, AS Ali, J Yukich, TP
Eisele, A Bhattarai (2019). Use of routine health information system data to evaluate impact of malaria
control interventions in Zanzibar, Tanzania from 2000-2015. EClinicalMedicine 12:11-19. PMID: 31388659.
119.
EW Kanmiki, AA Bawah, JF Phillips, JK Awoonor-Williams, SP Kachur, PO Asuming, C Agula, J Akazili
(2019). Out-of-pocket payment for primary healthcare in the era of national health insurance: evidence
from northern Ghana. PLoS One 14(8):e0221146. PMID: 31430302.
120.
V Were, AM Buff, M Desai, S Kariuki, AM Samuels, P Phillips-Howard, FO ter Kuile, SP Kachur, LW
Niessen (2019). Trends in malaria prevalence and health-related socioeconomic inequality in rural western
Kenya: results from repeated household malaria cross-sectional surveys from 2006 to 2013. BMJ Open
9(9):e033883. PMID: 31542772.
121.
LC Steinhardt, TL Richie, R Yego, D Akach, MJ Hamel, JR Gutman, RE Wiegand, EL Nzuu, A Dungani, N Kc,
T Murshedkar, LWP Church, BKL Sim, PF Billingsley, ER James, Y Abebe, S Kariuki, AM Samuels, K Otieno, T
Sang, SP Kachur, D Styers, K Schlessman, TL Richie, G Abarbanell, SL Hoffman, RA Seder, M Oneko (2019).
Safety, tolerability and immunogenicity of PfSPZ vaccine administered by direct venous inoculation to
infants and young children: findings from an age de-escalation, dose-escalation double-blinded randomized,
controlled study in western Kenya. Clinical Infectious Diseases {electronic release ahead of print
publication]. PMID: 31555824.
122.
The Ivermectin Roadmappers (P Billingsley, F Binka, C Chaccour, B Foy, S Gold, M Gonzalez-Silva, J
Jacobseon, G Jagoe, C Jones, SP Kachur, K Kobylinski, A Last, J Lavery, D Mabey, L Mboera, C Mbogo, NR
Rabinovich, S Rees, F Richards, C Rist, J Rockwood, P Ruiz-Castillo, J Sattabongkot, F Saute, H Slater, A Steer,
K Xia, R Zulliger) (2020). A roadmap for the development of ivermectin as a complementary malaria vector
control tool. American Journal of Tropical Medicine and Hygiene 102(2s):3-24. PMID: 31971144.
123.
MC Sheff, AA Bawah, PO Asuming, M Kushitor, K Awoonor-Williams, JF Phillips, SP Kachur (2020).
Evaluating health service coverage using a modified Tanahashi model in Ghana’s Volta Region. Global
Health Action 13(1):1732664. PMID: 32174254.
124.
AM Samuels, N Awino, W Odongo, K Otieno, YP Shi, T Sang, J Williamson, R Wiegand, MJ Hamel, SP
Kachur, L Slutsker, KA Lindblade, S Kariuki, M Desai (2020). Impact of community-based mass testing and
treatment on malaria infection prevalence in a high transmission area of western Kenya: A cluster
randomized controlled trial. Clinical Infectious Diseases [electronic release ahead of print publication].
PMID: 32324850.
125.
M Kweku, H Amu, M Adjuik, E Manu, FY Aku, EE Tarkang, J Komesuor, GA Asalu, NN Amuna, LA Boateng,
JS Alornyo, R Glover, AA Bawah, T Letsa, JK Awoonor-Williams, SP Kachur, JF Phillips, JO Gyapong (2020).
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Community involvement and perceptions of the Community-based Health Planning and Services (CHPS)
strategy for improving health outcomes in Ghana: Quantitative comparative evidence from two Systems
Learning Districts of the CHPS+ Project. Advances in Public Health 2020:2385742.
126.
LD Zambrano, E Jentes, C Phares, M Weinberg, SP Kachur, MS Basnet, A Klosovsky, M Mwesigwa, M
Naoum, SL Nsobya, O Samson, M Goers, R McDonald, B Morawski, H Njuguna, C Peak, R Laws, Y Bashsh, SA
Iverson, C Bezold, H Alikhenfr, R Horth, J Yang, S Miller, M Kacka, A Davids, M Mortimer, W Stauffer, N
Marano (2020). Clinical sequelae associated with unresolved tropical splenomegaly in a cohort of recently
resettled Congolese refugees in the United States—multiple states, 2015—2018. American Journal of
Tropical Medicine and Hygiene [electronic release ahead of print publication].
Case Reports and Non-peer-reviewed Articles
127.
Centers for Disease Control and Prevention (1994). Firearm-related years of potential life lost before
age 65 years—United States, 1980 to 1992. MMWR Weekly Reports 43(33):609-611. PMID: 8065292.
128.
SP Kachur, LB Potter, KE Powell (1995). Suicide in the United States, 1980 to 1992. Violence
Surveillance Summary Series No. 1. Atlanta: Centers for Disease Control and Prevention.
129.
Centers for Disease Control and Prevention (1995). Suicide among children, adolescents and young
adults—United States, 1980 to 1992. MMWR 44(15):289-291. PMID: 7708038.
130.
Centers for Disease Control and Prevention (1996). Mosquito-transmitted Malaria—Michigan, 1995.
MMWR Weekly Reports 45(19):398-400. PMID: 8609882.
131.
SP Kachur, ME Reller, AM Barber, LM Barat, EHA Koumans, ME Parise, J Roberts, TK Ruebush II, JR
Zucker (1997). Malaria Surveillance—United States, 1994. MMWR CDC Surveillance Summaries 46(SS5):1-
18. PMID: 9347910.
132.
HA Williams, J Roberts, SP Kachur, AM Barber, LM Barat, PB Bloland, TK Ruebush II, EB Wolfe (1999).
Malaria Surveillance—United States, 1995. MMWR CDC Surveillance Summaries 48(SS1):1-23. PMID:
10074931.
133.
Centers for Disease Control and Prevention (2000). Probable locally acquired mosquito-transmitted
Plasmodium vivax infection—Suffolk County, New York, 1999. MMWR Weekly Reports 49:495-498. PMID:
10881766.
134.
JR MacArthur, AR Levin, M Mungai, J Roberts, AM Barber, PB Bloland, SP Kachur, RD Newman, RW
Steketee, ME Parise (2001). Malaria Surveillance—United States, 1997. MMWR CDC Surveillance
Summaries 50(SS1):25-44.
135.
TH Holtz, SP Kachur, JR MacArthur, JM Roberts, AM Barber, RW Steketee, ME Parise (2001). Malaria
Surveillance—United States, 1998. MMWR CDC Surveillance Summaries 50(SS5):1-20. PMID: 11770906.
136.
KE Mace, MF Lynch, JR MacArthur, SP Kachur, L Slutsker, RW Steketee (2011). Grand Rounds: the
opportunity for and challenges to malaria eradication. MMWR Weekly Reports 60(15):476-80. PMID:
21508924.
137.
Centers for Disease Control and Prevention, Global Public Health Achievements Team (2011). Ten Great
Public Health Achievements—Worldwide, 2001—2010. MMWR Weekly Reports 60(24):812-818. PMID:
21697806.
138.
S. Mali, SP Kachur, PM Arguin (2012). Malaria Surveillance—United States, 2010. MMWR CDC
Surveillance Summaries 61(2):1-18. PMID: 22377962.
139.
LD Zambrano, O Samson, C Phares, E Jentes, M Weinberg, M Goers, SP Kachur, R McDonald, B
Morawski, H Njuguna, Y Bakhsh, R Laws, C Peak, SA Iverson, C Bezold, H Alkhenfr, R Horth, J Yang, S Miller,
M Kacka, A Davids, M Mortimer, N Khan, W Stauffer, N Marano (2018). Unresolved splenomegaly in recently
resettled Congolese refugees—multiple states, 2015—2018. MMWR Weekly Reports 67(49):1358-1362.
PMID: 30543602.
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Books and Chapters
140.
Office of Disease Prevention and Health Promotion (1994). Tuberculosis (Chapter 42). In Put Prevention
into Practice: Clinician’s Handbook of Preventive Services. Washington: US Public Health Service and
Government Printing Office, pp. 227-232.
141.
Office of Disease Prevention and Health Promotion (1994). Thyroid Function (Chapter 41). In Put
Prevention into Practice: Clinician’s Handbook of Preventive Services. Washington: US Public Health
Service and Government Printing Office, pp. 223-225.
142.
SP Kachur, C DiGuiseppi (1996). Screening for suicide risk. In US Preventive Services Task Force. Guide
to Clinical Preventive Services 2nd Edition. Baltimore: Williams & Wilkins, pp. 547-554.
143.
SP Kachur, PB Bloland (1998). Malaria. In RB Wallace [ed.]. Maxcy-Rosenau-Last Textbook of Public
Health and Preventive Medicine 14th Edition. Norwalk: Appleton & Lange, pp. 313-326.
144.
HO Lobel, SP Kachur (2000). Malaria Epidemiology. In HL DuPont and R Steffen [eds.]. Textbook of
Travel Medicine and Health 2nd Edition. Hamilton: BC Decker, pp. 184-189.
145.
TH Holtz, SP Kachur, PB Bloland (2000). Malaria. In RF Edlich [ed.]. Advances in Medicine. Arlington:
ABI Professional Publications, pp. 64-86.
146.
JR MacArthur, SP Kachur (2002). Malaria. In L Breslow [ed.]. Encyclopedia of Public Health. Volume 3.
New York: MacMillan, pp. 705-708.
147.
TH Holtz, SP Kachur (2004). The reglobalization of malaria. In M Fort, MA Mercer and O Gish [eds.]
Sickness and Wealth: The Corporate Assault on Global Health. Cambridge: South End Press, pp. 127-141.
148.
SP Kachur, A Macedo de Oliveira, PB Bloland (2008). Chapter 13e: Malaria. In RB Wallace [ed.]. Maxcy-
Rosenau-Last Textbook of Public Health and Preventive Medicine 15th Edition. New York, McGraw-Hill
Medical, pp. 373-386.
149.
PM Arguin, SP Kachur (2008). Malaria. In RE Rakel and ET Bope [eds.]. Conn’s Current Therapy 2008.
Philadelphia: Saunders, pp. 105-113.
150.
PM Arguin, SP Kachur (2009). Malaria. in RE Rakel and ET Bope [eds.]. Conn’s Current Therapy 2009.
Philadelphia: Saunders, pp. 103-112.
151.
SP Kachur (2011). The plausibility design, quasi-experiments and real world research: a case study of
artemisinin-based combination therapy in Tanzania. in PW Geissler and S Molyneux [eds.]. Evidence, Ethos
and Ethnography: The Anthropology and History of Medical Research in Africa. London: Berghahn, pp. 197-
227.
152.
H Williams, M Schilperoord, DA Townes, SP Kachur (2018). Malaria in Humanitarian Emergencies. in DA
Townes, M Gerber, M Anderson [eds.]. Health in Humanitarian Emergencies: Principles and Practice for
Public Health and Healthcare Practitioners. Cambridge: Cambridge University Press, pp. 348-361.
Reviews, Correspondence and Editorials
153.
SP Kachur (1991). Uninsured in Akron, Ohio: the national crisis in local perspective. Part 1. Summit
County Medical Bulletin Issue 7.
154.
SP Kachur (1991). Uninsured in Akron, Ohio: the national crisis in local perspective. Part 2. Summit
County Medical Bulletin Issue 8.
155.
JR Zucker, SP Kachur (1996). Transfusion-associated malaria [letter]. Emerging Infectious Diseases
2(2):152.
156.
SP Kachur (1999). Improving referral. Child Health Dialogue 17:14-15.
157.
SP Kachur, S Abdulla, K Barnes, H Mshinda, D Durrheim, A Kitua, PB Bloland (2001). Complex and large
trials of pragmatic malaria interventions [letter]. Tropical Medicine and International Health 6(4):324-325.
PMID: 11348524.
158.
SP Kachur, L Slutsker (2006). Measuring malaria drug efficacy and transmission intensity [editorial].
Lancet 368(9529):10-12. PMID: 16815361.
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159.
SP Kachur, JR MacArthur, L Slutsker (2010). A call to action: addressing the challenge of artemisinin-
resistant malaria [editorial]. Expert Review of Anti-Infective Therapy 8(4):365-366. PMID: 20377330.
160.
J Gutman, SP Kachur (2010). Treating malaria in pregnant women: a pressing problem [comment].
Lancet Infectious Diseases 10(11):739-740. PMID: 21029982.
161.
M Lynch, E Korenromp, R Steketee, T Eisele, SP Kachur, H Newby, BL Nahlen, JR MacArthur, RD
Newman, R Cibulskis, S Yoon, A Bhattarai (2012). New global estimates of malaria deaths [comment].
Lancet 380(9841):559-561. PMID: 22883496.
162.
L Slutsker, SP Kachur (2013). It is time to rethink tactics in the fight against malaria [comment]. Malaria
Journal 12:140e. PMID: 23617700.
163.
EA Poirot, J Skarbinski, D Sinclair, SP Kachur, L Slutsker, J Hwang (2013). Mass drug administration for
malaria. Cochrane Database of Systematic Reviews 2010(11):CD008846. PMID: 24318836.
164.
SP Kachur (2016). ‘Beyond “test and treat”—Malaria diagnosis for improved pediatric fever
management in sub-Saharan Africa’ by Emily White Johansson [invited commentary]. Global Health Action
9:34416. PMID: 27989276.
165.
MM Plucinski, ES Halsey, M Venkatesan, SP Kachur, PM Arguin (2017). Interpreting data from passive
surveillance of antimalarial treatment failures [letter]. Antimicrobial Agents and Chemotherapy
61(6):e000498-17. PMID: 28539500.
166.
LS Lau, G Samari, R Moresky, SE Casey, SP Kachur, L Roberts, M Zard (2020). COVID-19 in Humanitarian
Settings and Lessons Learned from Past Epidemics [comment]. Nature Medicine (electronic release ahead
of print publication). PMID: 32269357.
Abstracts and Presentations_____________________________________________________________________
(limited to lead author presentations)
1. A role for medical treatment in the community based control of guinea worm disease. Oral presentation to
the Nigerian Guinea Worm Eradication Program 2nd National Task Force Meeting. (Lagos NIGERIA: 1988).
2. International collaboration in community-based medical education. Panel presentation with S Gloyd, J Ryan
and G Smilkstein. National Council for International Health Annual Meeting (Washington, DC USA: 1989).
3. Underserved, ignored or forgotten? Lessons from the international health community. Workshop
presented with D Hilfiker and CW Keck to the Human Values in Medicine Program, Northeastern Ohio
Universities College of Medicine (Rootstown, Ohio USA: 1992).
4. HIV services in Baltimore and the impact of the Ryan White CARE Act (with AJ Sonnega and the Ryan White
Services Project). Poster presentations at VIII International Conference on AIDS and III STD World Congress
(Amsterdam NETHERLANDS: 1992), and at American Public Health Association Annual Meeting
(Washington, DC USA: 1992).
5. Observations on the Greater Baltimore HIV Services Planning Council (with AJ Sonnega and the Ryan White
Services Project). Poster presentations at VIII International Conference on AIDS and III STD World Congress
(Amsterdam NETHERLANDS: 1992), and at American Public Health Association Annual Meeting
(Washington, DC USA: 1992).
6. Years of potential life lost to firearm injuries in the United States. Oral presentation at the Epidemic
Intelligence Service Conference (Atlanta, Georgia USA: 1994).
7. Violent deaths associated with schools in the United State—a public health perspective and findings from a
nation-wide study. Oral presentation with W. Modzeleski at CDC Epidemiology Grand Rounds (Atlanta,
Georgia USA: 1995).
8. Suicide among older persons in the United States, 1980 to 1992. Oral presentation at the Annual Meeting of
the American Association of Suicidology (Phoenix, Arizona USA: 1995).
9. Violent deaths associated with schools in the United States, 1992 to 1994. Oral presentation at CDC-
sponsored National Violence Prevention Conference (Des Moines, Iowa USA: 1995).
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10. Malaria prevention and treatment in the United States. Oral presentation to Texas Department of Health
Continuing Medical Education Conference (Austin, Texas USA: 1996).
11. Narratives of fatal childhood illness in the Asembo Bednet Project. Oral presentation to the Society for
Literature and Science (Pittsburgh, Pennsylvania USA: 1997).
12. Bednets, revisited: sustainability of insecticide-treated materials for malaria control. Lessons from the
efficacy trials. Oral presentation to 2nd International Congress of Vector Ecology (Orlando, Florida USA:
1997).
13. Risk factors for child mortality in the Asembo Bednet Project. Oral presentation at the 46th Annual Meeting
of the American Society for Tropical Medicine and Hygiene (Lake Buena Vista, Florida USA: 1997).
14. Social and behavioral science priorities for emerging infectious diseases. Invited presentation with PJ Brown
at American Psychological Association-sponsored meeting: Public Health in the 21st Century, Behavioral
and Social Science Contributions (Atlanta, Georgia USA: 1998).
15. Promoting rational antimalarial drug use by health workers, vendors and consumers. Invited oral
presentations of background papers prepared for CDC-supported workshops: Confronting the challenge of
antimalarial drug resistance in Africa (Nairobi KENYA and Harare ZIMBABWE: 1998).
16. Causes of child mortality in the context of a bednet intervention trial in western Kenya. Abstract accepted
for oral presentation at 47th Annual Meeting of the American Society of Tropical Medicine and Hygiene (San
Juan, Puerto Rico USA: 1998); meeting cancelled.
17. Use of commercial pharmaceuticals in severe and fatal childhood illness in western Kenya. Invited oral
presentation at Makerere Institute of Social Research and Danish Bilharziasis Laboratory-sponsored
workshop: People and Medicines in East Africa (Mbale UGANDA: 1998).
18. Local perceptions of malaria treatment options: a cross national comparison. Invited oral presentation at
Makerere Institute of Social Research and Danish Bilharziasis Laboratory-sponsored workshop: People and
Medicines in East Africa (Mbale UGANDA: 1998).
19. Malaria epidemiology and prevention. Invited oral presentation to Los Alamos National Laboratory (Los
Alamos, NM USA: 1998).
20. Local illness classifications, treatment preferences and the construct of efficacy: implications for malaria
control programs in Zambia and Malawi. Oral presentation at the American Anthropology Association
Annual Meeting (Philadelphia, Pennsylvania USA: 1998) and poster presentation at the Multilateral
Initiative on Malaria 2nd PanAfrican Malaria Conference (Durban SOUTH AFRICA: 1999).
21. Anthropological approaches to understanding community drug use: implications for malaria control. Oral
presentation at the Society for Applied Anthropology Annual Meeting (San Francisco, California USA: 2000).
22. Antimalarial drugs: trends in drug resistance and efficacy perceptions among health workers and
consumers. Oral presentation at a Danish Bilharziasis Laboratory-sponsored workshop: Rolling Back
Malaria. Prospects and Constraints (Usa River TANZANIA: 2000).
23. Improving community drug use: a trials of improved practices approach to combating antimalarial drug
resistance. Invited presentation at 2nd International Conference on Emerging Infectious Diseases (Atlanta,
Georgia USA: 2001).
24. Home management of childhood febrile illness in the context of emerging antimalarial drug resistance,
Blantyre District, Malawi. Poster presentation at 49th Annual Meeting of the American Society of Tropical
Medicine and Hygiene (Houston, Texas USA: 2001).
25. Overview and baseline findings from the Interdisciplinary Monitoring Project for Antimalarial Combination
Therapy in Tanzania. Invited oral presentation at Harvard University-sponsored workshop: Developing
Methodologies for the Economic Assessment of Malaria Drug Combination Therapies (Cambridge,
Massachusetts USA: 2001).
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26. Home and community management in the era of antimalarial drug resistance. Plenary oral presentation at
Danish Bilharziasis Laboratory-sponsored workshop: People and Malaria Medicines (Mbarara UGANDA:
2001).
27. Post-modern, post-colonial, post-global: examining the theoretical crisis in international public health.
Invited oral presentation at American Public Health Association’s 129th Annual Meeting (Atlanta, Georgia
USA: 2002).
28. A strategic framework for approaching interventions to improve malaria home care. Invited presentation
with V. Marsh at East Africa and Great Lakes subRegional Meeting for Roll Back Malaria (Mombasa KENYA:
2002).
29. Utilization patterns for malaria treatment and prevention services in Blantyre District, Malawi. Oral
presentation at World Bank-supported meeting: Ensuring Malaria Control Interventions Reach the Poor
(London UNITED KINGDOM, 2002).
30. Effective malaria treatment: is access enough? Panel discussion with P. Olumese, R. Shretta-Chag and A.
Mwita at 3rd Multilateral Initiative on Malaria PanAfrican Malaria Conference (Arusha TANZANIA: 2002).
31. Developing interventions to promote coadministration of sulfadoxine/ pyrimethamine and artesunate in
rural Tanzania. Poster presentation at 3rd Multilateral Initiative on Malaria PanAfrican Malaria Conference
(Arusha TANZANIA: 2002).
32. Prevalence of malaria parasitemia and recent pharmaceutical medicine use in rural Tanzania: Implications
for a multi-year evaluation of artemisinin-containing combination therapy. Oral presentation at 3rd
Multilateral Initiative on Malaria PanAfrican Malaria Conference (Arusha TANZANIA: 2002).
33. Optimizing access to and utilization of malaria treatment in Africa. Invited oral presentation of background
paper for US Institute of Medicine Task Force on the Economics of Antimalarial Drugs (London UNITED
KINGDOM: 2003).
34. Implementation of artemisinin-containing antimalarial combination therapy in Tanzania. Oral presentation
at 52nd Annual Meeting of the American Society of Tropical Medicine and Hygiene (Philadelphia,
Pennsylvania USA: 2003).
35. Comparing socioeconomic status data across sites in repeated household surveys, methodologic
considerations; and Describing quality of care received from retrospective interviews. Oral presentations at
London School of Hygiene and Tropical Medicine-sponsored Workshop on Undertaking Household Surveys
in Low and Middle Income Countries (Ahmedabad INDIA: 2004).
36. Adherence to antimalarial combination therapy with sulfadoxine/ pyrimethamine plus artesunate in
Tanzania: a practical methodology for programmatic assessment. Oral presentation at 53rd Annual
Meeting of the American Society of Tropical Medicine and Hygiene (Miami, Florida USA: 2004).
37. Implementation of artemisinin-containing combination therapies in an area of stable malaria transmission:
implications for enhanced diagnostic services. Invited presentation to a World Health Organization technical
consultancy on rapid diagnostic tests for malaria (Geneva SWITZERLAND: 2004).
38. Prevalence of malaria parasitemia among clients obtaining treatment for fever or malaria at drug stores in
rural Tanzania, 2004. Oral presentation at 4th MIM Pan-African Conference on Malaria (Yaonde
CAMEROON; 2005).
39. The plausibility design, quasi-experiments, and real world research: A critical perspective. Oral presentation
to Conference on Ethnography of Health Research in African Settings (Kilifi KENYA: 2005).
40. Trends in malaria parasitemia, malaria-related anemia and malaria-related child mortality before, during and
after the introduction of sulfadoxine/ pyrimethamine monotherapy and artemisinin-based combination
therapy. Oral presentation to 55th annual meeting American Society of Tropical Medicine and Hygiene
(Atlanta, GA USA: 2006).
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41. Consumer perceptions and care seeking for febrile illness associated with the availability of antimalarial
combination therapy in Rufiji District, Tanzania, 2003-2006. Oral presentation to 56th annual meeting
American Society of Tropical Medicine and Hygiene (Philadelphia, PA USA: 2007).
42. Quality of antimalarial drugs sold at retail outlets in Tanzania, 2005. Results of a nationally representative
survey: Poster presentation to 56th annual meeting American Society of Tropical Medicine and Hygiene
(Philadelphia, PA USA: 2007).
43. Factors impacting the effectiveness of antimalarial combination therapy interventions. Oral presentation at
5th MIM Pan-African Congress on Malaria (Nairobi KENYA: 2009).
44. Potential role for transmission blocking vaccines in the context of scaled up malaria control and elimination
efforts. Invited oral presentation at Symposium on Malaria Transmission Blocking Vaccines, sponsored by
Malaria Vaccine Initiative, with J Skarbinski and L Slutsker (Bethesda, Maryland USA: 2010).
45. Investing in Strategic and Applied Science for Malaria at CDC. Invited presentation at Advancements in US
Science and Technology, a Capitol Hill Reception convened by Malaria No More, with R Shah, B Hall, and P
Weina (Washington, DC USA; 2012).
46. Malaria Control and Elimination: Progress and Promise. Invited key note lecture at annual meeting of the
Malaria Capacity Development Consortium (Atlanta, Georgia USA; 2012).
47. Malaria elimination redux. Invited presentation at “Disease Elimination and Eradication in Theory and
Practice: Multidisciplinary Perspectives” sponsored by Emory University Institute for Developing Nations and
Carter Center Malaria Program (Atlanta, Georgia USA; 2013).
48. How is the malaria landscape shifting? Closing remarks from a veteran in the war against malaria. Keynote
presentation at “The Secret Life of Malaria: A Global Journey to Cure and Prevention,” organized by
University of Georgia Center for Tropical and Emerging Diseases (Athens, Georgia USA; 2014).
49. Rethinking tactics in the new push for malaria elimination. Invited presentation at “World Malaria Day,
2014: Fighting Malaria with Faith and Facts,” sponsored by Johns Hopkins Malaria Research Institute
(Baltimore, Maryland USA; 2014).
50. Haemoloysis in US patients treated with intravenous artesunate. Symposium presentation at 24th European
Congress on Clinical Microbiology and Infectious Diseases (Barcelona SPAIN; 2014).
51. The threat of artemisinin and pyrethroid resistance [Chair]. Invited panel presentation with Pascal Ringwald,
Christopher Plowe, Fredros Okumu, and Martin Akogbeto, at “A Strategic Approach to Malaria in the Post-
2015 Era,” sponsored by Center for Strategic International Studies (Washington, DC USA; 2014).
52. CDC and the global response to the Zika virus public health emergency. Invited presentation to the United
Nations Economic and Social Council (New York, NY USA; 2016).
53. Zika virus: clinical considerations and CDC response. Invited panel presentation with C Chinn, J Patz, K Spong,
and M Wilson at 8th Annual Global Health Conference, Consortium of Universities for Global Health (San
Francisco, CA USA; 2016).
54. Achieving a bold vision for global health: Policy solutions to advance global health research and
development. Invited panel presentation with: P Hotez, J Kolkor, D Shoultz and E Will Morton, sponsored by
Global Health Technologies Coalition at Russell Senate Office Building (Washington, DC USA; 2016).
55. Combatting infectious disease: the unfolding threat of Zika. Invited panel presentation with: JS Morrison, A
Pope, M Espinal and D Dulitsky, at Center for Strategic and International Studies’ Annual Global
Development Forum (Washington, DC USA; 2016).
56. Priority setting in global health symposium. Invited panel presentation at Harvard TH Chan School of Public
Health (Cambridge, MA USA; 2016).
57. Malaria Epidemiology, Control and Treatment. Invited presentation at Congressional Briefing (Washington,
DC USA; 2017).
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58. Surveillance as a malaria intervention, pivoting from control to elimination. Invited panel presentation with
B Nahlen, BL Hall, S Hoffman and L Slutsker at inaugural Alan J Magill Malaria Eradication Symposium
sponsored by American Society of Tropical Medicine and Hygiene and Council for Strategic International
Studies (Washington, DC USA; 2017).
59. The on-going fight to eliminate malaria. Invited panel presentation with S Baker, I Priestley and D
Zimmerman at Rotary International Convention (Atlanta, GA USA; 2017).
60. Fulcrum or fetish? The appeal of commodities in the global malaria effort. Leverhulme Lecture at Liverpool
School of Tropical Medicine (Liverpool UNITED KINGDOM; 2017).
61. CDC and US Government contributions to the global malaria effort. Presentation to Washington Global
Health Alliance (Seattle, WA; 2017).
62. Malaria Control: A critical investment for saving lives in Africa. Invited panel presentation with J Kates, B
Nahlen, SS Peterson, R Rabinovich, A Glassman, sponsored by Center for Global Development and American
Society of Tropical Medicine and Hygiene (Washington, DC; 2017).
63. US Government Priorities for Ending Preventable Child and Maternal Deaths. Invited panel presentation
with B Hughes and BL Nahlen at US State Department’s Foreign Service Institute Global Health Diplomacy
Course (Washington, DC; 2017).
64. Disease on our borders: Fighting global health threats in the Americas. Invited panel presentation with
Marcos Espinal, and Greg Noland at UN Foundation Nothing But Nets Malaria Leadership Summit
(Washington, DC; 2018).
65. Malaria elimination in high burden countries. Invited panel presentation with K Sturm-Ramirez at Science of
Eradication—Malaria Course, sponsored by Harvard University (Cambridge, MA; 2018).
66. Malaria Control: Where are we now? Grand Rounds webinar presentation to ICAP at Columbia University
(New York, NY; 2018).
67. Epidemiology, control and prevention of malaria in pregnancy and implications for maternal and newborn
survival. Invited presentation to Department of Family Health Services, Ministry of Health (Monrovia
LIBERIA; 2019).
68. Malaria: Progress and promise. Watanakunakorn Memorial Lecture. Northeast Ohio Medical University
(Rootstown, OH; 2019).
69. Community Health Planning and Services in Ghana: Implementation Science for Universal Health Coverage.
Invited presentation at Korea International Cooperation Agency’s Ghana Community-based Primary Health
Care Conference (Seoul, REPUBLIC OF KOREA; 2019).
70. Transforming the epidemiology of malaria through control and elimination efforts. Infectious Disease
Epidemiology Seminar, Department of Epidemiology, Columbia University Mailman School of Public Health
(New York, NY; 2019).
71. Tangible and intangible assets for malaria programs across the elimination spectrum. Invited presentation
at the Allan Magill Symposium. American Society for Tropical Medicine and Hygiene (National Harbor, MD;
2019). CANCELLED.
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LESLIE F. ROBERTS, PHD
Address
Columbia University Mailman School of Public Health
Heilbrunn Department of Population and Family Health
60 Haven B-2
New York, NY 10032
lfr2102@cumc.columbia.edu
Education
Ph.D.
(1992) Johns Hopkins University, Baltimore, MD
Department of Geography and Environmental Engineering
M.S.P.H.
(1987) Tulane School of Public Health and Tropical Medicine, LA
Department of Environmental Health
B.S.
(1983) St. Lawrence University, Canton, NY
Major: Physics
Professional Experience
9-11/14, 3-4/15
Regional Epidemiologist & Foreign Medical team Coordinator, WHO,
Sierra Leone. Worked as an administrator and epidemiologist to address an
EVD outbreak.
4/14 – Present
Professor, Columbia Univ., Mailman School of Pub. Hlth.
11/17 – 8/18
Director, Program on Forced Migration and Health
3/12 – 3/14
9/06 – 3/14
Associate Professor of Clinical Public Health
10/02 – 9/06
Adjunct Faculty, Columbia Univ., Mailman School of Pub. Health, NY,
NY. Teaching responsibilities include: courses in applied epidemiology for
complex emergencies, water and sanitation, and epidemiological methods for
documenting human rights abuses.
3/97 – 11/00
5/03 – 9/06
Consultant, Clients included: Univ. of B.C. Human Security Centre;
Overseas Development Institute (ODI); City of Westminster, CO.; a
recreational water park in Georgia; Centers for Disease Control and
Prevention; and the International Rescue Committee. Teaching clients
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included: BPRM of the US State Dept., USAID, University of Hawaii COE,
CDC, the National Academy of Pediatrics and ICDDR,B. In 2005, provided
technical oversight and support of a World Bank funded project in
Afghanistan.
9/95 – 7/2006
Lecturer, Department of Geography and Environmental Engineering, Johns
Hopkins Whiting School of Engineering. Responsibilities include: teaching
a joint engineering – public health course entitled, “Engineering Responses
to Public Health Crises” and giving approximately 10 other lectures each
year. In 2003, ran seminar entitled, “Epidemiological Methods for
Documenting Human Rights Abuses.”
12/00 - 5/03
Director of Health Policy, International Rescue Committee, NY, NY.
Responsibilities included: developing policy for health programs, providing
technical support and oversight for 5 programs in the Great Lakes Region of
Africa, providing epidemiological support and training. Conducted mortality
surveys in Rwanda, the Democratic Republic of Congo and Sierra Leone.
6/97 – Present
Adjunct Faculty, Tulane School of Public Health and Tropical Medicine.
Conduct an intensive summer course entitled, “Field Methods in Complex
Emergencies.”
5/95 – 2/97
Sr. Assistant Scientist, CDC, Nat. Ctr. Environmental Health, EHHE, HSB
Activities included: conducting human health studies regarding domestic
water issues; providing technical support to staff epidemiologists and
oversight of EIS Fellows; assisted in humanitarian relief efforts related to
water and sanitation; and responded to public, congressional, and technical
inquiries. Teaching activities included: lectures at the Emory Rollins School
of Public Health, the Army War College, the University of Maryland, and
U.S. Office of Foreign Disaster Assistance workshops in Bangladesh and
Hawaii, and an intensive week-long class at Johns Hopkins University.
Represented CDC as the Executive Secretary of the HHS Subcommittee on
Drinking Water and Health, a body for coordinating Federal efforts related to
human health and drinking water.
10/94 - 4/95
Consultant, Activities included: lecturing in the U.S. Office of Foreign
Disaster Assistance Training Course and at the Johns Hopkins School of
Public Health, reviewing reports for UNICEF.
6/94 - 9/94
Epidemiologist, World Health Organization, Rwanda.
Established disease surveillance systems and assisted with epidemic
responses in Northern Rwanda and Goma, Zaire.
7/92 - 5/94
EIS Officer, CDC/International Health Pgm. Office/TSD, Atlanta, GA.
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As a postdoctoral fellow, conducted assessments in Southern Africa and
Bosnia; a nationwide household survey in Armenia, and an intervention trial
to prevent diarrhea among refugees in Malawi.
12/90 - 5/91
Study Director, PRISMA, Lima, Peru.
Conducted a study of the movement of fecal material within shantytown
households.
5/90 - 10/90
Public Health Engineer II, DOE, Dundalk, MD. Conducted field studies
examining the function of stormwater management facilities.
1/85 - 6/85
Physics Teacher, Fayetteville-Manlius High School, Fayetteville, NY.
9/83 - 6/84
Physics Teacher, Old Rochester Regional High School, Mattapoiset, MA.
Selected Publications
Lau LS et al. COVID-19 in Humanitarian Settings and Lessons Learned from Past Epidemics.
Nature Medicine volume 26, pages647–648(2020).
Jarrett P, Zadravecz FJ, O’Keefe J, Nshombo M, Karume A, and Roberts L. Evaluation of a
population mobility, mortality, and birth surveillance system in South Kivu, Democratic
Republic of the Congo. Disasters, 2020, 44(2): 390−407.
Flaherty MG, Roberts L. Internet searching and potential for promoting humanitarian injustice:
short report. Confl Health. 2019; 13: 4
Briody C, Rubenstien L, Roberts L. Penney E, Keenan W, Horbar J. Review of attacks on
health care facilities in six conflicts of the past three decades. Confl Health. 2018; 12: 19.
Roberts LF. When Violence becomes Endemic. Int. J. Pub. Hlth. June 2017.
Sara A. Snyder, and Columbia Epidemiology of Human Rights Study Group. The Eric Garner
Case: Statewide survey of NY voters’ response to proposed police accountability legislation. J.
of Social Service Research. October 2016.
Bennouna, Cyril; van Boetzelaer, Elburg; Rojas, Lina; Richard, Kinyera; Karume, Gang ; Nshombo,
Marius ; Roberts, Les; Boothby, Neil. Monitoring and Reporting Attacks on Education in Somalia
and the Democratic Republic of the Congo. Disasters. Aug. 9, 2017
Bennouna C. Ali I, Nshombo M, Karume G, Roberts L. Improving surveillance of attacks on
children and education in South Kivu: A knowledge collection and sensitivity analysis in the D.R.
Congo.
Vulnerable
Children
&
Youth
Studies.
23
Jan,
2016
http://dx.doi.org/10.1080/17450128.2016.1139221
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Checchi F, Waldman R, Roberts L. et al. The World Health Organization and emergency health: if
not now, when? BMJ 2016; 352 doi: http://dx.doi.org/10.1136/bmj.i469 (Published 28 January
2016)
Parcesepe A, Stark L, Roberts L. Boothby N. Measuring Physical Violence and Rape Against
Somali Women Using the Neighborhood Method. Violence Against Women. 1-17, 2015.
Roberts L, VanRooyen MJ. Ensuring Public Health Neutrality. New Engl. J. Med. 2013;368: 1073-
1075. March 21.
Carpenter D, Fuller T, Roberts L. WikiLeaks and Iraq Body Count: the Sum of Parts May Not
Add Up to the Whole-A Comparison of Two Tallies of Iraqi Civilian Deaths. Prehospital and
Disaster Med. 2013 Feb 6:1-7.
Alfaro S, Myer K, Anonymous, Ali I, and Roberts L. Estimating Human Rights Violations in South
Kivu Province, Democratic Republic of the Congo: A Population-Based Survey. Vulnerable
Children and Youth Studies. 7;3:201-210. Sept. 2012
Potts A, Myer K, Roberts L. Measuring human rights violations: Results from a nationwide cluster
survey in Central African Republic. Conflict and Health. 2011; 5: 4.
Henderson SW, Olander WE, Roberts LF. Reporting Iraqi civilian fatalities in a time of war.
Conflict and Health. Nov. 2009; 3:9.
Stark L, Roberts L, Wheaton W, et al. Measuring Violence against Women amidst War and
Displacement in Northern Uganda Using the ‘Neighborhood Method.’ JECH Online First, Nov.
24, 2009. 10.1136/jech.2009.093799
Cairns LK, Woodruff BA, Myatt M, Bartlett L, Goldberg H. and Roberts L. Cross-sectional survey
methods to assess retrospectively mortality in humanitarian emergencies. Disasters. Vol. 33(4) :503-
21. Feb. 17, 2009.
Flaherty MG, Roberts L. Rural Outreach Training Efforts to Clinicians and Public Library Staff:
NLM Resource Promotion. J of Consumer Hlth. on the Internet. Vol. 13(1):14-30. Jan. 2009.
Siegler A, Roberts L, Balch E. et al. Media Coverage of Violent Deaths in Iraq: An Opportunistic
Capture-Recapture Analysis. Prehosp. and Disaster Med. 2008; 23(4):369-371.
Checchi F, Roberts L. Documenting mortality in crises: what keeps us from doing better? PLoS
Med. 2008 Jul 1;5(7):e146
Roberts L. Advances in monitoring have not translated into improvements in humanitarian health
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services. Prehosp. Disaster Med. 2007 Sept-Oct;22(5):384-9.
Burnham G, Doocy S, Roberts L. Making data on Iraqi mortality rates available. Science: Vol
316. No 5830: 1424-5. June 2007.
Burnham G, Roberts L. A Debate Over Iraqi Death Estimates. Science 24: Vol. 314 no. 5803
(1241). Nov 2006.
G Burnham, R Lafta, S Doocy, L Roberts. Mortality after the 2003 invasion of Iraq: a cross-
sectional cluster sample survey. Lancet Vol. 368; 9545: 1421–1428. Oct. 2006
Salama P, Roberts L.
Evidence-based interventions in complex emergencies. Lancet. 2005 May
28;365(9474):1848.
Roberts L, Lafta R, Garfield R, et al.
Mortality before and after the 2003 invasion of Iraq: cluster sample survey. Lancet.
Volume 364;9448:1857-1864. Oct. 29, 2004.
Roberts L, Hoffman C-A.
Assessing the impact of humanitarian assistance in the health sector. Emerging Themes in
Epidemiology. Vol. 1:3, October 7, 2004
Roberts L.
Little relief for eastern Democratic Republic of Congo. Lancet (Dispatch) Vol.
357;9266:1421, May 5, 2001.
Roberts L, Chartier Y, Toole M, et al.
Keeping Clean Water Clean in a Malawi Refugee Camp: A Randomized Intervention Trial.
Bull. W.H.O., Vol. 79(4):280-287, 2001.
Mermin, J, Villar R, Carpenter J, Roberts L, et al.
A Massive Epidemic of Multidrug-Resistant Typhoid Fever in Tajikistan Associated with
Consumption of Municipal Water. Journal of Infectious Diseases. 179 (6): 1416-1422. June,
1999.
Roberts L, Despines M.
Mortality in Katana Health Zone, Eastern DRC. Lancet (Letter) Vol. 353;9171:2249-50,
Jan. 26, 1999.
Peterson AE, Roberts L, Toole MJ, et al.
The Effect of Soap Distribution on Diarrhea: Nyamithuthu Refugee Camp. Int. J. of Epi.,
1998;27:520-524.
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Semenza J, Roberts L, Henderson A, et al.
Water Distribution System and Diarrheal Disease Transmission: A Case Study in
Uzbekistan. Am. J. Trop. Med. Hyg. 59(6), 1998, pp. 941-46.
Roberts L, Toole M.
Cholera Deaths in Goma (Letter). Lancet, Vol.346:1431. Nov. 25, 1995.
Goma Epidemiology Group
Public Health Impact of Rwandan Refugee Crisis: What Happened in Goma, Zaire, in July,
1994? Lancet. Vol.345:339-44. Feb. 11, 1995.
Ventura G, Roberts L, Gilman R.
Vibrio cholerae non-O1 in sewage lagoons and seasonality in Peru cholera epidemic.
Lancet. 339(8798):937-8. Apr. 11, 1992.
Lindsay G, Roberts L, Page W.
Inspection and Maintenance of Infiltration Facilities. Journal of Soil and Water
Conservation Vol. 47(6):481-486. Nov. 1992.
Esrey SA, Potash JB, Roberts LF, Shiff C.
Water Supply and Sanitation: Health Effects on Ascariasis, Diarrhoea, Guinea Worm,
Hookworm, Schistosomiasis, and Trachoma. Bull. W.H.O. 69 (5):609-621, 1991.
MMWR Publications
Elevated Mortality Associated With Armed Conflict --- Democratic Republic of Congo,
2002. Vol. 52(20); 469-471.
Spontaneous Abortions Possibly Related to Ingestion of Nitrate-Contaminated Well
Water -- LaGrange County, Indiana, 1991-1994. Vol. 45(26); 569-572.
Status of Public Health - Bosnia and Herzegovina, August-September 1993. Vol. 42;50:973-
82.
Mortality among Newly Arrived Mozambican Refugees - Zimbabwe and Malawi, 1992. Vol.
42;24:468-77.
Other Publications
Roberts L. War: Not Anarchy but Shrinking Circles. In: Why Peace? Marc Guttman Editor, 2012.
Roberts L. Advancing Humanitarian Aid: Infusing the era of hope with a dash of accountability. In
Health G20. Carballo M Editor. International Center for Migration. Oct. 2010.
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http://healthg20.com/info
Roberts LF. A Plea For Cost-Effectiveness, or at Least Avoiding Public Health Malpractice
Am J Public Health, Sep 2009; 99: 1546 - 1548.
Roberts L, Muganda C. War in the Democratic Republic of Congo. In Levy B & Sidel V (Eds.),
War and Public Health. Oxford: 2008.
Roberts L. Burnham G. Ignorance of Iraqi death toll no longer an option. Global Research Sept. 22,
2007. http://www.globalresearch.ca/index.php?context=va&aid=6848 and in Baltimore Sun and
Oneonta Daily Star.
Roberts L. Iraq’s Death Toll is Far Worse than our Leaders Admit. Independent. Feb. 14, 2007.
http://www.independent.co.uk/opinion/commentators/les-roberts-iraqs-death-toll-is-far-worse-than-
our-leaders-admit-436291.html
Roberts L.
100,000 deaths in Iraq: A year later. American Friends Service Committee Oct. 26, 2005
http://www.afsc.org/iraq/news/2005/10/100000-deaths-in-iraq-year-later.htm
and
in
Baltimore Times.
Roberts L.
The Iraq War: Do Civilian Casualties Matter? Audit of Conventional Wisdom, MIT Center
for International Studies, July 2005.
Roberts L.
Civilian Deaths a Murky Issue in the War in Iraq. Humanitarian Exchange, Humanitarian
Practice Network, #29, Mar. 2005.
Checci F, Roberts L.
Interpreting and Using Mortality Data in Humanitarian Emergencies: A Primer for Non-
Epidemiologists. Humanitarian Policy Network Paper #52, 2005.
Lafta R, Roberts L, Garfield R and Burnham G.
Role of Small Arms during the 2003 – 2004 Conflict in Iraq. Working Paper 1. Small Arms
Survey, Geneva, Switzerland 2005.
Roberts L, Ngoy P, Mone C. et al.
Mortality in the Democratic Republic of the Congo: Results from a nation-wide survey.
IRC, New York, March 2003. http://www.theirc.org/DRCongo/index.cfm Accessed 1/10/03
Roberts L, Hale C, Belyakdoumi F, et al.
Mortality in Eastern Democratic Republic of Congo: Results from Eleven Mortality Surveys.
IRC, New York, 2001. http://intranet.theirc.org/docs/mortII_report.pdf Accessed 11/20/02
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Roberts L.
Mortality in Eastern DRC: Results from Five Mortality Surveys. The International Rescue
Committee, May, 2000.
Roberts L.
Diminishing standards: How much water do people need? In Forum: Water and War.
Geneva: ICRC, 1998.
Esrey SA, Shiff C, Roberts LF, Potash JB.
The Health Benefits following Improvements in Water and Sanitation: Synthesis of Existing
Knowledge concerning Diarrheal Disease, Ascariasis, Guinea Worm, Hookworm,
Schistosomiasis, and Trachoma. W.A.S.H. Technical Report #66. June, 1990.
Reinke WA, Stanton BF, Roberts L, Newman J.
Rapid Assessments for Decision Making: Efficient Methods for Data Collection and
Analysis. W.A.S.H. Field Report #391. January, 1993.
Roberts L, Lindsey G.
Maintenance Needs of Stormwater Facilities in Baltimore, Carroll, Cecil, and Harford
Counties. Maryland Department of the Environment, Sediment and Stormwater
Administration. Dundalk, Maryland. September, 1990.
Awards and Honors
2012
Teaching Excellence Award, Mailman School of Public Health.
2008
Edward Barsky Award at APHA Annual Conference.
2007
APHA Special Award for Conflict Epidemiological Research,. With Burnham G,
Doocy, S, Lafta R.
2006
Ambassador, Paul G. Rogers Society for Global Health Research.
1995
The Paul C. Schnitker Award for Outstanding Contribution to International Health,
Centers for Disease Control and Prevention, Atlanta, GA., March.
1994
Medal of Achievement, USPHS, Spring.
1990 – 1991 The Dick C. Heil Memorial Scholarship. Chesapeake Chapter of the American
Water Works Association.
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Exhibit D
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Bradley A. Woodruff, MD, MPH
November 30, 2020
Postal address:
Contact information:
Residence:
2650 Bowker Avenue
E-mail: bradleyawoodruff@gmail.com
Victoria, BC CANADA
Victoria, BC V8R 2G1
Skype name: BradWoodruff
GMT -7 hours (summer)
Canada
Telephone: +1 (778) 967-1874
GMT -8 hours (winter)
EDUCATION
E.I.S.
Epidemic Intelligence Service, Centers for Disease Control, stationed in West Virginia
Department of Health. June 1989.
M.P.H. The Johns Hopkins University School of Hygiene and Public Health, Baltimore, MD. May 1986.
Concentration in epidemiology and international health.
M.D.
Upstate Medical Center, Syracuse, N.Y. May 1980.
B.A.
State University College at Fredonia, N.Y. and State University of New York at Buffalo, in
biology. January 1976.
HONORS AND AWARDS
Awards from the United States Government:
Charles C. Shepard Award for Outstanding Scientific Contribution to Public Health, 2003.
Secretary's Award for Distinguished Service; Department of Health and Human Services, 2000.
Achievement Medal; United States Public Health Service, 1993.
PHS Citation; United States Public Health Service, 1989.
NCEH Director's Award (2), 1997 and 2000.
Outstanding Unit Citations (3); United States Public Health Service, 1995, 1997, and 2001.
Meritorious Group Award; U.S. Agency for International Development, 2003.
Unit Commendations (6); United States Public Health Service, 1989 (2), 1992, 1993 (2), 2003.
Group Special Recognition Award; United States Dept of Health and Human Service, 1992.
Group Honor Award, International Health; United States Dept of Health and Human Service, 1997.
Foreign Duty Service Ribbons (11); United States Public Health Service, 1992-2003.
Hazardous Duty Service Ribbon (3); United States Public Health Service, 1993, 1994, 2003.
Isolated Hardship Service Ribbon; United States Public Health Service, 1994.
Crisis Response Service Ribbon; United States Public Health Service, 1994.
Special Assignment Service Ribbon; United States Public Health Service, 1995.
Other honors and awards:
Dean's List, Phi Beta Kappa, and Summa Cum Laude; State University of N.Y., 1970-76.
Alpha Omega Alpha Medical Honor Society; Upstate Medical Center, 1979.
Listed in Who’s Who in Medicine and Health Care 2009-2010 7th edition and International Who's Who
in Medicine, 2nd edition, 1995.
Distinguished Alumnus, Upstate Medical Center, 2010.
LICENSES AND CERTIFICATES
State medical license in New York, 1981; Pennsylvania, 1983; and Maryland, 1985. National medical
license in Kenya, 1983.
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WORK EXPERIENCE
Positions in Epidemiology and Public Health:
July 2007 – present: Consultant in International Health and Nutrition.
Assist non-governmental organizations and United Nations agencies, including the World Food
Programme, the World Health Organization, and UNICEF, in carrying out assessments, evaluations,
and studies of public health and nutrition programs in less-developed countries. Provide training
and supervision, both in the classroom and in the field, for agency personnel in epidemiologic
techniques of assessment and investigation. Review protocols, reports, and other documents for
technical quality and accuracy. Write technical reports and articles for publication.
June 2004 – June 2007: Senior Medical Epidemiologist, International Micronutrient Malnutrition
Prevention and Control Program (IMMPaCt), Maternal Child Nutrition Branch, National Center for
Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention (CDC),
U.S. Public Health Service; Atlanta, Georgia.
Provide technical supervision to IMMPaCt staff in matters of micronutrient status assessment,
program design, and other issues. Investigate improvements in survey and assessment
methodology and make recommendations to IMMPaCt and Branch leadership.
Design training programs for partner organizations, including UNICEF, the World Food
Programme, and the Pan-American Health Organization, in methods of assessing micronutrient
status, laboratory techniques of measuring micronutrient status, and monitoring and evaluation of
micronutrient deficiency prevention and control programs. Design and teach a course at the Rollins
School of Public Health at Emory University on food and nutrition in humanitarian emergencies.
Write and review guidelines for the World Food Programme, UNICEF, USAID, and other
organizations on nutrition assessment techniques in both humanitarian emergencies and stable
populations.
Supervised Epidemic Intelligence Service officers during 2-year training in epidemiology and
public health.
April 1996 – June 2004: Medical Epidemiologist, International Emergency and Refugee Health Branch,
National Center for Environmental Health, Centers for Disease Control and Prevention (CDC), U.S.
Public Health Service; Atlanta, Georgia. Job duties included:
Responded to requests for technical assistance from other organizations, including other parts
of the U.S. government, U.N. agencies, international organizations, and nongovernmental
organizations (NGOs). Such technical assistance activities encompassed all fields of public health,
disease control, and nutrition in humanitarian emergencies. Specific activities included
management and technical direction of the public health portions of multimillion dollar relief
programs, quantitative and qualitative assessment of the health and nutrition status of displaced
populations, evaluation of specific programs, and implementation of disease control programs.
Assisted other parts of CDC in activities related to refugees and displaced populations.
Trained health personnel from many organizations in public health practice in refugee
emergencies, including designing curriculum, presenting lectures, and facilitating exercises and
case studies.
Determined research priorities in refugee and emergency response, prepare and supervise
preparation of research project proposals and protocols, obtain funding, and implement and
supervise research studies.
Developed and implemented International Emergency Capacity Development program, a
training program for CDC personnel with a $185,000 annual budget. Oversaw all aspects of this
program, including recruitment and selection of training candidates, development of curriculum,
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review of technical content, development and selection of teaching methods, implementation of
special seminars, and organization of overseas field experiences.
Wrote guidelines and recommendations for refugee health and nutrition. Provided technical
expertise to international groups and committees writing such guidelines and developing
consensus regarding best practices in public health in emergency situations. Carried out research
on all aspects of refugee health and nutrition and presented results in published scientific articles
and presentations.
Supervised Epidemic Intelligence Service officers during 2-year training in epidemiology and
public health.
May 2000 – June 2001: Acting Chief, International Emergency and Refugee Health Branch, National
Center for Environmental Health, Centers for Disease Control and Prevention (CDC), U.S. Public Health
Service; Atlanta, Georgia.
Coordinated CDC's overall response to refugee and humanitarian emergencies, including
providing liaison with other parts of the U.S. government, U.N. agencies, international
organizations, and nongovernmental organizations. Provided supervision for eight staff members
and oversaw all activities of the Branch and maintained coordination with other parts of the
National Center for Environmental Health and CDC. The total budget of the Branch increased from
$US 1.2 million to $US 6.2 million during this time.
July 1990 - March 1996: Medical Epidemiologist; Hepatitis Branch, Division of Viral and Rickettsial
Diseases, Centers for Disease Control and Prevention (CDC), U.S. Public Health Service; Atlanta,
Georgia.
a) In San Francisco (May 1992 - March 1996):
Infant hepatitis B vaccination. Implemented demonstration project funded by a $1.5 million
federal grant to carry out universal infant immunization against hepatitis B in the city of San
Francisco. Duties included developing policy guidelines for administration of hepatitis B vaccine,
coordinating research projects, and supervising 7 full-time project staff members and 6 public health
students. Program implementation activities included organizing community advisory committee
meetings, developing a vaccine distribution system, and designing a vaccine dose reporting system.
Also served as liaison to San Francisco medical providers and conducted educational campaigns,
including publishing articles in local medical publications and giving numerous presentations at
Pediatric Grand Rounds and other medical meetings on hepatitis B virus infection, hepatitis B control
strategies, hepatitis B vaccination, and the San Francisco Demonstration Project.
Supervised staff members, public health students, and preventive medicine residents who carried
out research projects, including: 1) a questionnaire survey of hospital nursery staff regarding
attitudes toward hepatitis B vaccination of newborns; 2) medical record reviews in birthing hospitals
to estimate first dose vaccine coverage of newborns at the time of hospital discharge; 3) medical
record reviews in public clinics and private offices to estimate overall vaccine coverage at 9 months
of age; 4) a questionnaire survey of parents of infants to estimate vaccine coverage, attitudes
toward hepatitis B vaccination, and barriers to vaccination; 5) a survey of nursing administrators of
obstetric hospitals in the San Francisco. metropolitan area to assess policies and practices regarding
newborn hepatitis B vaccination; 6) a survey of obstetric providers to determine feasibility of
providing vaccination education during prenatal visits. Collaborated on questionnaire survey of
pediatric providers to determine why and when pediatricians incorporate new preventive
technologies into their practice. Assisted staff members and students in preparing presentations
for national scientific meetings and articles for publication in peer-reviewed biomedical journals.
School-based hepatitis B vaccination. Served as technical consultant to the San Francisco Unified
School District for pilot project in adolescent in-school hepatitis B vaccination. Reviewed for
technical accuracy all materials produced during the project, including those for teacher, student,
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and parent education. Supervised design and conduct of: 1) pre- and post-testing of students to
assess knowledge acquired during lessons about hepatitis B; 2) a questionnaire survey of parents to
determine attitudes about school-based vaccination and reasons for consenting to or refusing
vaccination; 3) collection and analysis of data from refusal form on reason for refusal; and 4) an
intervention trial to assess the effect of incentives designed to induce peer pressure. Supervised
planning and conduct of meeting of school-based hepatitis B vaccination projects to summarize
nationwide experience and preparation of a comprehensive report.
Other projects. 1) Served as technical consultant to the Vietnamese Community Health Promotion
Project of the University of California, San Francisco for their cancer prevention program; one
portion included health education about hepatitis B and hepatitis B vaccination. 2) Designed and
conducted a serologic and questionnaire survey of employees of the Oakland Police Department to
determine the occupational risk of hepatitis B virus infection. 3) Designed and collaborated in
conduct of serologic survey of residents of a residential institution for developmentally disabled
persons to determine risk of hepatitis C and hepatitis A virus infections. 4) Designed and
collaborated in conduct of immunogenicity trial of hepatitis B vaccination of adolescents according
to a 0,2,4 months schedule. 5) Analyzed hospital and outpatient data to determine risk of various
adverse reactions to hepatitis B vaccination among newborns.
b) In Atlanta (July 1990 - May 1992):
Responsible for conduct of epidemiologic research supporting implementation of initiative to
eliminate hepatitis B virus transmission in the United States. Also participated in education of state
and local health officials, practicing physicians, and others regarding perinatal hepatitis B screening
and infant immunization.
Other research activities included: 1) Assisted in planning and execution of a serologic survey to
evaluate the hepatitis B vaccination program in American Samoa; 2) Planned and collected
specimens for a study comparing the detection hepatitis B serologic markers in dried blood spot
specimens and serum specimens; 3) Directed collection of data and special studies of adverse
reactions to recombinant hepatitis B vaccines; 4) Collected and analyzed available hepatitis B
screening data from health programs for refugees entering the United States; 5) Designed a case-
control study of the association of hepatitis C infection and primary hepatocellular carcinoma; 6)
Designed and carried out a multicenter serologic and questionnaire survey of public safety workers
to investigate their risk of occupational hepatitis B virus infection; 7) Reviewed available research
results on intradermal administration of hepatitis B vaccine and presented results in publications;
8) Coordinated testing and analyzed data from serum specimens from migrant workers in San Diego
County, California to determine prevalence of past hepatitis E virus infection; and 9) Coordinated
testing and analyzed data from serum specimens from slum dwellers in Trujillo, Peru to determine
the prevalence of hepatitis E virus infection.
Supervised and assisted epidemiology trainees during field outbreak investigations and analytic
projects, specifically the investigation of an outbreak of hepatitis A in a residential institution for the
severely disabled, the investigation of a nosocomial outbreak of hepatitis A in a pediatric hospital,
and a serologic survey for hepatitis B and C virus infection in women seeking prenatal care in San
Juan, Puerto Rico.
Answered inquiries regarding viral hepatitis from state and local health officials, private
physicians, journalists, and the public.
July 1989 - June 1990: Resident in Preventive Medicine; Enteric Disease Branch, Division of Bacterial
Diseases, Centers for Disease Control (CDC), U.S. Public Health Service; Atlanta, Georgia.
Reviewed current status of immunization against typhoid fever, including all work, published and
unpublished, on the Ty21a oral vaccine and presented a summary to the Immunization Practices
Advisory Committee (ACIP).
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Collected and analyzed 14 years of botulism surveillance and laboratory data to explore clinical
and laboratory differences between types A, B, and E botulism.
Carried out survey of state health department policies regarding chronic typhoid carriers and
compiled epidemiologic description of currently known carriers in the United States.
Supervised and assisted epidemiology trainees during field investigations of outbreaks,
specifically a state-wide outbreak of Salmonella heidelberg in Maine and a community outbreak of
E. Coli O157:H7 in Missouri.
Answered inquiries regarding bacterial enteric diseases from state and local health officials,
private physicians, journalists, and the public.
July 1987 - June 1989: Epidemic Intelligence Service Officer; Assigned to the West Virginia
Department of Health from the Division of Field Services, Epidemiology Program Office, Centers for
Disease Control (CDC), U.S. Public Health Service; Atlanta, Georgia.
Conducted field investigations of 1) shigellosis in a religious commune, 2) epidemic psychogenic
illness in a workplace, 3) viral conjunctivitis in a nursing home and an elementary school, and 4)
respiratory disease in a nursing home. Assisted in investigations of nosocomial legionellosis and
community-acquired tuberculosis.
Planned and carried out epidemiologic studies, including: 1) a case-control study of the risk factors
for La Crosse encephalitis; 2) a questionnaire survey regarding immunization coverage and reasons
children are not fully immunized at age two years; and 3) collection of data regarding incidents in
West Virginia and South Carolina of exposure to rabies from domesticated raccoons.
Evaluated surveillance systems for spinal cord injury and Lyme disease and analyzed data
contained therein.
Provided technical advice to personnel in the West Virginia Health Department and answered
phone and mail inquiries from local health department personnel, legislators, physicians, journalists,
and the public.
Gave presentations and workshops to local health officials, physicians, nurses, other health
professionals, and the public on various topics, including: 1) The epidemiologic, legal, and economic
aspects of AIDS; 2) Lyme disease; 3) La Crosse encephalitis; 4) Methods of tuberculosis contact
investigation; 5) Spinal cord injury surveillance; and 6) The use of statistics in hospital infection
control.
February - June 1987: Technical Advisor, Operations Research; Stationed in Dakar, Senegal for Center
for Population and Family Health, Columbia University; New York, N.Y.
Provided advice on research techniques to local investigators carrying out operations research on
family planning programs.
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Academic Appointments in Epidemiology and Public Health:
Senior Lecturer: Columbia University, Mailman School of Public Health, Program on Forced Migration;
New York City, New York. November 2012 – present.
Adjunct Associate Professor: Emory University, Rollins School of Public Health, Department of
International Health; Atlanta, Georgia. April 1997 - present.
Adjunct Assistant Professor: Tulane University School of Public Health and Tropical Medicine,
Department of International Health and Development; New Orleans, Louisiana. May 2002 –
present.
Lecturer: University of California Berkeley School of Public Health, Department of Epidemiology;
Berkeley, California. August 1993 - present.
Clinical Assistant Professor: Emory University School of Medicine, Department of Community and
Preventive Medicine; Atlanta, Georgia. September 1990 - May 1992.
Clinical Instructor: West Virginia University School of Medicine, Department of Community Medicine;
Charleston, West Virginia. February 1988 - June 1989.
Visiting Professor of Epidemiology: Co-director of introductory epidemiology course, St. George's
University School of Medicine; Grenada, West Indies. March - April 1986.
Positions in Clinical Medicine:
Emergency Physician: Allegheny Valley Hospital, Natrona Heights, Pennsylvania. June 1984 - June
1985.
General Physician: Hôpital St. Jean de Dieu in Parakou, Benin, West Africa, February - March 1983; and
P.C.E.A. Tumutumu Hospital in Karatina, Kenya, March - October 1983.
Resident in General Surgery: Upstate Medical Center, Syracuse, New York. July 1981 - June 1982.
Intern in General Surgery: University of Cincinnati Medical Center, Cincinnati, Ohio. July 1980 - June
1981.
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SELECTED INTERNATIONAL CONSULTANCIES IN EPIDEMIOLOGY AND PUBLIC HEALTH
Jordan: Assisted with design, planning, and execution of a national nutrition and micronutrient
assessment survey; for UNICEF and Ministry of Health. April 2018 ongoing.
Somalia: Assisted with design, planning, and execution of a national nutrition and micronutrient
assessment survey; for UNICEF and Ministries of Health of Somaliland, Puntland, and the Republic
of Somalia. April 2018 ongoing.
Kenya: Negotiated evaluation methodology for program integrating agricultural assist, nutrition
training, and provision of nutrition-related products. Created a data analysis plan and performed
preliminary data analysis for two double-masked follow-up interventin trials; for One Acre Fund
and GroundWork. April 2017.
Ghana: Assisted with training of survey workers, including training in anthropometry and laboratory
procedures; for University of Ghana Legon and UNICEF. April 2017.
Guinea: Carried out analysis of data from 1999, 2005, and 2012 DHS to identify risk factors for wasting
and stunting; presented findings to Ministry of Health, UN agencies, and non-govermental agencies
in French; for UNICEF Guinea. October 2015 – August 2016.
Uzbekistan: Assisted with design and planning of a national nutrition and micronutrient assessment
survey; for UNICEF and Ministry of Health. February 2016.
Zambia: Assisted with all aspects of design and analyzed data for survey evaluating multi-intervention
social development program; for Concern. May 2015-present.
Sierra Leone: Assisted with design of data collection forms, formulation of sampling scheme, writing
report and manuscripts, and analyzed final data for nationwide micronutrient assessment survey;
for WHO. May 2014 – present.
Oman: Assisted with design and planning of a national nutrition and micronutrient assessment survey;
for UNICEF and Ministry of Health. September 2014.
Telangana State, India: Designed data collection instruments and analyzed data evaluating coverage
and effectiveness of distribution of fortified food; for GAIN. September 2014 – March 2015.
Ethiopia: Analyzed data from Demographic and Health Surveys in 2000, 2005, and 2011 to identify
factors leading to a substantial decline in the prevalence of stunting in Ethiopia; for UNICEF. July
2013 – October 2014.
Senegal: Analyzed differences in methods of assessing household food security and nutrition status
in young children and recommended ways to combine these methods in integrated population
assessments; for Save the Children. August – September 2013.
Azerbaijan: Assisted with designed, implementation, data analysis, and report writing of national
nutrition assessment survey; for UNICEF Azerbaijan. August 2012 to October 2014.
Uganda: Designed a template for integrated survey assessment of household food security and
nutritional status and supervised implementation of a pilot survey; for World Food Programme and
UNICEF. March 2011 to April 2013.
China: Analyzed data from a series of surveys and wrote report evaluating the distribution of
micronutrient powder in earthquake-affected areas of Sichuan Province, China; for UNICEF-China
and China Institute for Nutrition and Food Safety. February – October 2011.
Philippines: Assisted Global Alliance for Improved Nutrition, UNICEF, and the University of the
Philippines in developing plans for a baseline survey to be carried out in selected areas to measure
the effectiveness of a wide-scale nutrition improvement program. Subsequently, analyzed the data
from this survey for publication. December 2010 - August 2011.
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Bangladesh: Assisted the Global Alliance for Improved Nutrition, UNICEF, and the International Center
for Diarrheal Disease Research – Bangladesh in formulating a plan for a nationwide survey of
micronutrient deficiency as a baseline against which to measure the effectiveness of a program for
fortification of edible oil. September 2010.
United Arab Emirates: Assisted the UAE Ministry of Health, the World Health Organization, and
additional collaborators in designing UAE’s first nation-wide nutrition assessment survey to assess
the prevalence and severity of risk factors for selected micronutrient deficiencies, overweight, and
nutrition-related chronic diseases; for United Arab Emirates Ministry of Health. June 2010.
Mongolia: Designed and supervised all aspects of a nationwide nutrition assessment survey, including
determining indicators, calculating equipment and supply needs, designing the sampling scheme,
creating data collection forms, training survey workers, cleaning and organizing computer datasets,
analyzing data, and writing and disseminating the final report; for Mongolia Nutrition Research
Center UNICEF. January 2010 - September 2011.
Republic of Georgia: Designed and supervised all aspects of a nationwide nutrition assessment survey,
including determining indicators, calculating equipment and supply needs, designing the sampling
scheme, creating data collection forms, training survey workers, cleaning and organizing computer
datasets, analyzing data, and writing and disseminating the final report; for Georgian National
Center for Disease Control and Public Health and UNICEF. June 2009 – May 2010.
Canada: Reviewed survey documents and prepared report of recommended revisions in methodology
for Canadian Red Cross evaluation surveys. December 2008 – January 2009.
Ethiopia: Designed and supervised a large prospective controlled trial of supplementary feeding in
Ethiopia for the World Food Programme. November 2007 - March 2009.
United Kingdom: Created web-based course in epidemiologic methods in conflict situations for the
London School of Hygiene and Tropical Medicine. January – May 2008. (see
http://conflict.lshtm.ac.uk/page_02.htm )
Ethiopia, India, Uganda, Egypt, Indonesia, Zambia, Nepal, Cambodia, Pakistan: Designed, supervised,
and conducted 6-day training workshops in the assessment of nutritional status and mortality rates
using cross-sectional surveys; activities included delivering lectures, coordinating case studies, and
supervising field exercises; for the World Food Programme. Altogether, trained more than 200
staff of WFP, UNICEF, and other organizations. June 2005 (Ethiopia), November 2005 (India),
February 2007 (Uganda), April 2007 (Egypt), July 2007 (Indonesia), November 2007 (Zambia), June
2008 (Zambia), September 2008 (Nepal), November 2009 (Cambodia), and September 2011
(Pakistan).
Fiji: Assisted the UNICEF Pacific Sub-Regional Office in formulating a strategy to collect data on
micronutrient deficiencies in Pacific island countries in order to support a regional food fortification
policy. October 2006.
Jordan: Assisted the Iraq Ministry of Health in designing a baseline nationwide micronutrient
assessment survey. Assisted the Jordan Ministry of Health in designing a follow-up nationwide
micronutrient survey to measure the effect of flour fortification. July-August 2006.
Kenya: Supervised the design of a community trial of distribution of micronutrient powder through a
social marketing program. June-July 2006.
Bolivia: Worked with the Ministry of Health, Pan-American Health Organization, and Micronutrient
Initiative on creating a monitoring and evaluation plan for a nationwide program of micronutrient
powder to young children. May 2006.
Sri Lanka: Set-up and directed a WHO sub-office in Southern Province; assisted Sri Lankan health
officials in monitoring health, water, sanitation, and nutritional status of persons affected by the
Indian Ocean tsunami of December 2004. January – February 2005.
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Papua New Guinea: Supervised CDC’s assistance to UNICEF and the Department of Health in the
planning, implementation, analysis, and reporting of a national survey assessing nutrition and
micronutrient status of young children and adult women. July 2004 - October 2006.
Liberia: Served on the USAID Office of Foreign Disaster Assistance (OFDA) Disaster Assistance
Response Team (DART) by determining health and nutrition priorities in the Monrovia area,
evaluating funding proposals submitted to OFDA, and assessing performance of USAID-funded
programs. August – September 2003.
Kuwait and Iraq: Served on the USAID Office of Foreign Disaster Assistance (OFDA) Disaster Assistance
Response Team (DART) by assisting in evaluating health and nutrition needs, investigating reported
disease outbreaks, and funding programs for relief and reconstruction in southern Iraq during and
after the second Iraq War. March – May 2003.
Tanzania: Carried out follow-up surveys to assess the impact on the prevalence of anemia in young
children and women of eating food cooked in iron pots distributed to refugees, in collaboration
with UNHCR, WFP, and the London School of Hygiene and Public Health. August 2002 - January
2003.
Afghanistan: Assisted with training of Afghan professionals in techniques of assessment of
micronutrient deficiencies. Also conducted workshops in Mazar-i-Sharif in survey and sampling
methodology and computer analysis of survey data, in collaboration with UNICEF. November –
December 2002.
Afghanistan: Designed and supervised the implementation, analysis, and reporting of a health and
nutrition survey of young children and women of child-bearing age assessing the effects of civil
conflict and drought in Badghis Province, in collaboration with the provincial health authorities and
UNICEF. March - April 2002.
Oman: Created and presented training module on micronutrient status assessment which included
instruction on the design and implementation of surveys, sampling techniques, and data analysis,
to public health professionals from seven Gulf countries. September 2001.
Mongolia: Designed and supervised the implementation, analysis, and reporting of a national health
and nutrition survey assessing the effects of severe winter weather, in collaboration with the
Mongolian Ministry of Health, the World Health Organization, and UNICEF. March – July 2001.
Laos: Assisted the Laotian Ministry of Health in analyzing and interpreting data from a national
nutrition survey, in collaboration with the World Food Programme. December 2000.
East Timor: Designed a survey to assess health and nutritional status, in collaboration with U.N.
organizations, international nongovernmental organizations, and local. August - September 2000.
Uganda and Sierra Leone: Supervised an exploratory mission to assess the feasibility of measuring the
prevalence of HIV infection in displaced populations in these countries in order to plan more
comprehensive HIV treatment and prevention services. January 2000.
Nepal: Designed, supervised, implemented, analyzed, and reported the results of a survey measuring
anthropometric indices, assessing the prevalence of anemia, and investigating riboflavin deficiency
among adolescents in seven refugee camps; supervised a team of 4 expatriates from CDC and WHO,
in collaboration with UNHCR and WFP. September - October 1999.
Macedonia: Designed, supervised, implemented, analyzed, and reported four multi-sector assessment
surveys of Kosovar refugees in refugee camps in Macedonia. Assisted in overall coordination of
public health and health services for refugees living in camps and host families, in collaboration
with UNHCR. May - July 1999.
Kenya: Designed, supervised, implemented, and analyzed nutrition survey and investigation of the
causes of anemia among adolescents in four refugee camps; supervised a team of 3 CDC personnel,
in collaboration with UNHCR. November - December 1998.
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Tanzania: Supervised and assisted CDC personnel in refugee camps in Kigoma Region in: 1) assessing
reproductive health services, including analysis of birthweight data, 2) evaluating public health
surveillance, 3) assessing the extent of malaria and anemia, including carrying out a malaria smear
survey, and 4) designing a study of interventions for severe anemia in children, for UNHCR and
IFRC, August - September 1997. Supervised implementation and follow-up of intervention trial of
treatment of severe anemia in children < 5 years of age. February - June 1998.
Afghanistan: Assessed health status and health programs in Afghanistan, especially in the capital city
of Kabul, and made recommendations regarding funding of health and nutrition programs, in
collaboration with the Office of Foreign Disaster Assistance (OFDA). October - November 1997.
Zaire: Designed strategy for assessment of health status and health services in rebel-held eastern part
of Zaire, in collaboration with UNICEF. March - April 1997.
Rwanda: Coordinated health services during repatriation and assessed capacity of local health services
and the impact of the repatriation, in collaboration with UNHCR. November 1996 - January 1997.
Kenya: Presented lectures and exercises on refugee health and emergency health assessment at
UNICEF Emergency Management Workshop in Lokichokio, Kenya. October 1995.
Zaire: Assessed, coordinated, and supervised preventive and curative medical care in centers for
unaccompanied children in Goma, Zaire, in collaboration with UNICEF. August - September 1994.
Moldova: Conducted assessment of the public health importance and modes of transmission of
hepatitis B virus infection, in collaboration with USAID. June-July 1993.
Tajikistan: Conducted overall health assessment after the two-year civil war, in collaboration with
USAID. April 1993.
Somalia: Implemented emergency disease surveillance and conducted health and nutrition
assessment surveys, in collaboration with UNICEF. December 1992 – February 1993.
Middle East: Assisted in the design, implementation, and analysis of a nutrition survey assessment of
Palestinian refugee children and women in Syria, Jordan, Gaza, and the West Bank, in collaboration
with UNRWA. December 1989 - May 1990.
Saudi Arabia: Taught computer and epidemiology skills. February - March 1989
Sudan: Implemented emergency disease surveillance after a flood in Khartoum, in collaboration with
USAID. August - September 1988.
SELECTED MAJOR PRESENTATIONS
Spinal-cord-injury surveillance, West Virginia. 37th Annual EIS Conference, Centers for Disease
Control. Atlanta, GA; April 1988.
La Crosse encephalitis in West Virginia. EPO Professional Staff Seminar, Centers for Disease Control.
Atlanta, GA; June 1988.
Disease surveillance and control after the Khartoum flood of 1988. 38th Annual EIS Conference,
Centers for Disease Control. Atlanta, GA; April 1989.
Spinal cord injury surveillance in West Virginia. 117th Annual Meeting of the American Public Health
Association. Chicago, IL; October 1989.
Typhoid immunization and the Ty21a live-attenuated vaccine. Meeting of the Advisory Committee
on Immunization Practices, Centers for Disease Control. Atlanta, GA; February 1990.
Nutritional status of Palestinian refugee children. EPO Professional Staff Seminar, Centers for
Disease Control. Atlanta, GA; June 1990.
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Clinical and laboratory evaluation of 239 cases of botulism. 30th Interscience Conference on
Antimicrobial Agents and Chemotherapy (ICAAC). Atlanta, GA; October 1990.
Viral hepatitis in the USSR and among Soviet immigrants to the United States. National Conference
on Soviet Refugee Health and Mental Health. Chicago, IL; December 1991.
Risk of occupational hepatitis B virus (HBV) infection among firefighters (poster). 5th National
Forum on AIDS, Hepatitis, and Other Blood-Borne Diseases. Atlanta, GA; March 1992.
The risk of hepatitis B and hepatitis C virus infections among health care workers. 60th Annual
Meeting of the American Academy of Orthopedic Surgeons. San Francisco, CA; February 1993.
Risk of hepatitis B virus infection in firefighters (poster). The 8th Triennial International Symposium
on Viral Hepatitis and Liver Disease. Tokyo, Japan; May 1993.
Hepatitis B vaccination of infants and adolescents: results of the San Francisco demonstration
projects. 27th National Immunization Conference. Washington, DC; June 1993.
The evolution of U.S. national recommendations for hepatitis B control and the cost-benefit of
hepatitis B vaccination in the United States. Meeting of the National Health Insurance and
Physicians Board. Bonn, Germany; June 1993.
Military involvement in humanitarian assistance, the Somalia experience. 121st Annual Meeting and
Exhibition of the American Public Health Association. San Francisco, CA; October 1993.
Progress in integrating hepatitis B vaccine into infant immunization schedules. 28th National
Immunization Conference. Charlotte, NC; June 1994.
How to immunize hard-to-reach groups. Canadian National Immunization Conference:
Immunizations in the 90s, challenges and solutions. Quebec, Canada; October 1994.
School-based adolescent hepatitis B vaccination in San Francisco (poster). Prevention '95, the
Twelfth Annual National Preventive Medicine Meeting. New Orleans, LA; April 1995. (Selected as
one of three best posters)
Adolescent hepatitis B - results of demonstration projects: San Francisco, San Diego, and Baltimore.
29th National Immunization Conference. Los Angeles, CA; May 1995. (presenter and moderator
of session on school-based hepatitis B vaccination)
Parents' attitudes toward school-based vaccination. 123d Annual Meeting and Exposition of the
American Public Health Association. San Diego, CA; October 1995. (presenter and moderator of
session on school-based hepatitis B vaccination)
Attitudes and practices of hospital newborn care personnel regarding hepatitis B vaccination. 123d
Annual Meeting and Exposition of the American Public Health Association. San Diego, CA; October
1995.
Risk factors for hepatitis C virus infection among STD clinic patients. IX Triennial International
Symposium on Viral Hepatitis and Liver Disease. Rome, Italy; April 1996.
School-based hepatitis B vaccination in the United States. IX Triennial International Symposium on
Viral Hepatitis and Liver Disease. Rome, Italy; April 1996.
Coordination of the international relief effort during the mass repatriation to Rwanda, November
and December, 1996. 46th Annual EIS Conference, Centers for Disease Control and Prevention.
Atlanta, GA; April 1997.
Organization of health services for displaced populations. 125th Annual Meeting and Exposition of
the American Public Health Association. Indianapolis, IN; November 1997.
Reproductive outcomes and risk factors in a refugee population in western Tanzania (Discussant).
EPO Professional Staff Seminar, Centers for Disease Control. Atlanta, GA; June 1998.
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What are they exposed to? Diseases affecting refugees. (invited talk) 48th Annual Meeting of the
American Society of Tropical Medicine and Hygiene. Washington, D.C.; December 1999.
HIV/STDs - What do we know and what can we do? (Moderator and discussant) Conference 2000:
Findings on reproductive health of refugees and displaced populations. Washington, D.C.;
December 2000.
Using Cormic index to adjust the body mass index of older adolescents and adults, Bhutanese
refugees in Nepal, 1999. ACC Sub-Committee on Nutrition. Nairobi, Kenya; April 2001.
Moderated discussion and lead working group on assessment of adult malnutrition. 28th session of
the U.N. ACC Sub-Committee on Nutrition. Nairobi, Kenya; April 2001.
Statistical considerations in the analysis and presentation of urinary iodine concentration (UIC) in
population-based surveys. Micronutrient Forum 2016. Cancun, Mexico; October 2016.
PUBLICATIONS
Refereed national and international journals
1.
Woodruff BA, Baron RC, Heydinger DK. Mandatory premarital HIV screening in West Virginia.
West Virginia Medical Journal 1988;84:22-23.
2.
Woodruff BA, Baron RC. Letter to the editor. JAMA 1989;262:350.
3.
Woodruff BA, Toole MJ, Rodrigue D, et al. Disease surveillance and control after a flood in
Khartoum, Sudan - 1988. Disasters 1990;14:151-163.
4.
AbuRahma AF, Woodruff BA. Edema following femoropopliteal bypass: lymphatic and venous
theories of causation. Journal of Vascular Surgery 1990;11:461-467.
5.
AbuRahma AF, Woodruff BA. Effects and limitations of pentoxifylline therapy in various stages
of peripheral vascular disease of the lower extremity. American Journal of Surgery 1990;160:266-
270.
6.
Woodruff BA, Pavia AT, Blake PA. A new look at typhoid vaccination: information for the
practicing physician. JAMA 1991;265:756-759.
7.
Woodruff BA, Chen RT. Oral typhoid vaccination for travelers (letter). Archives of Internal
Medicine 1991;151:619-620.
8.
AbuRahma AF, Woodruff BA, Lucente FC, Stuart SP, Boland JP. Factors affecting survival of
patients with ruptured abdominal aortic aneurysm in a West Virginia community. Surgery
Gynecology and Obstetrics 1991;172:377-382.
9.
Woodruff BA, Jones JL, Eng TR. Human exposures to rabies from pet wild raccoons in South
Carolina and West Virginia, 1987-1988. American Journal of Public Health 1991;81:1328-1330.
10. McCrosky LM, Hatheway CL, Woodruff BA, Greenberg JA, Jurgensen P. Type F botulism due to
neurotoxigenic Clostridium baratii from an unknown source in an adult. Journal of Clinical
Microbiology 1991;29:2618-2620.
11. Niu MT, Polish LB, Robertson BH, Khanna BK, Woodruff BA, et al. Multistate outbreak of hepatitis
A associated with frozen strawberries. Journal of Infectious Diseases 1992;166:518-524.
12. Woodruff BA, Baron RC, Tsai TF. Symptomatic La Crosse virus infections of the central nervous
system: a study of risk factors in an endemic area. American Journal of Epidemiology
1992;136:320-327.
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13. Woodruff BA, Moyer LA. Intradermal vaccination for hepatitis B (letter). Clinical Infectious
Diseases 1992;15:1063-1064.
14. Woodruff BA, Griffin PM, McCroskey LM, et al. Clinical and laboratory comparison of botulism
from types A, B, and E in the United States, 1975-1988. Journal of Infectious Diseases
1992;166;1281-1286.
15. Swerdlow DL, Woodruff BA, Brady RC, et al. A waterborne outbreak in Missouri of Escherichia
coli O157:H7 associated with bloody diarrhea and death. Annals of Internal Medicine
1992;117:812-9.
16. Mahoney FJ, Woodruff BA, Erben JJ, et al. Effect of a hepatitis B vaccination program on the
prevalence of hepatitis B virus infection. Journal of Infectious Diseases 1993;167:203-207.
17. Woodruff BA, Moyer LA, O'Rourke KM, Margolis HS. Blood exposure and the risk of hepatitis B
virus infection in firefighters. Journal of Occupational Medicine 1993;35:1048-1054.
18. Woodruff BA, Popovici F, Beldescu N, Shapiro CN, Hersh BS. Hepatitis B virus infection among
pregnant women in northeastern Romania. International Journal of Epidemiology 1993;22:923-
926.
19. Woodruff BA, Baron RC. A description of non-fatal spinal cord injury using a hospital-based
registry. American Journal of Preventive Medicine 1994;10:10-14.
20. Deseda CC, Sweeney PA, Woodruff BA, Lindegren ML, Shapiro CN, Onorato IM. Prevalence of
hepatitis B, hepatitis C, and human immunodeficiency virus infection among women attending
prenatal clinics in San Juan, Puerto Rico, 1989-1990. Obstetrics and Gynecology 1995;85:75-78.
21. Pegues DA, Woodruff BA, Lambert SB, Tant M, Woernle CH. Immune response to revaccination
among public safety workers who received primary intradermal vaccination against hepatitis B.
Clinical Infectious Diseases 1995;20:335-341.
22. Burkholder BT, Coronado VG, Brown J, Hutto JH, Shapiro CN, Robertson B, Woodruff BA.
Nosocomial transmission of hepatitis A in a pediatric hospital traced to an anti-hepatitis A virus-
negative patient with immunodeficiency. Pediatric Infectious Disease Journal 1995;14:261-266.
23. The Goma Epidemiology Group. Public health impact of Rwandan refugee crisis: what happened
in Goma, Zaire, in July, 1994? Lancet 1995;345:339-344.
24. Dowell SF, Toco A, Sita C, Piarroux R, Duerr A, Woodruff BA. Health and nutrition in centers for
unaccompanied refugee children: experience from the Rwandan refugee crisis. JAMA
1995;273:1802-1806.
25. Woodruff BA, Stevenson J, Yusuf H, et al. Progress toward integrating hepatitis B vaccine into
routine infant immunization schedules in the United States, 1991 through 1994. Pediatrics
1996;97:798-803.
26. Woodruff BA, Unti L, Coyle K, Boyer-Chuanroong L. Parents' attitudes toward school-based
hepatitis B vaccination of their children. Pediatrics 1996;98:410-413.
27. Mahoney FJ, Woodruff BA, Auerbach S, McReady J, Williams I, Pretrick E. Progress on the
elimination of hepatitis B virus transmission in Micronesia and American Samoa. Pacific Health
Dialog 1996;3:140-146.
28. Walker LR, Moscicki AB, Wong V, Wibbelsman C, Woodruff BA. Immunization of adolescents for
hepatitis B using a 0, 2 and 4-month schedule. Pediatric Research 1996;39 Supplement 2:36.
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29. Zola J, Smith N, Goldman S, Woodruff BA. Attitudes and educational practices of obstetric
providers regarding infant hepatitis B vaccination. Obstetrics and Gynecology 1997;89:61-64.
30. Unti LM, Coyle KK, Woodruff BA, Boyer-Chuanroong L. Incentives and motivators in school-based
hepatitis B vaccination programs. Journal of School Health 1997;67:265-268.
31. Boyer-Chuanroong L, Woodruff BA, Unti LM, Sumida YU. Immunizations from ground zero:
lessons learned in urban middle schools. Journal of School Health 1997;67:269-272.
32. Hutin YJ, Harpaz R, Drobeniuc J, Melnic A, Ray C, Favorov M, Iarovoi P, Shapiro CN, Woodruff BA.
Injections given in healthcare settings as a major source of acute hepatitis B in Moldova.
International Journal of Epidemiology 1999;28:782-786.
33. Drobeniuc J, Hutin YJF, Harpaz R, Favorov M, Melnik AA, Iarovoi R, Shapiro CN, Woodruff BA.
Prevalence of hepatitis B, D, and C virus infections among children and pregnant women in
Moldova: additional evidence supporting the need for routine hepatitis B immunization of
infants. Epidemiology and Infection 1999; 123: 463-467.
34. Spiegel PB, Sheik M, Woodruff BA, Burnham G. The accuracy of mortality reporting in displaced
persons camps during the post-emergency phase. Disasters 2001;25:172-180.
35. Tomashek KM, Woodruff BA, Gotway CA, Bloland P, Mbaruku G. Randomized intervention study
to determine the most effective method to treat moderate anemia in refugee children in Kigoma
Region, Tanzania. American Journal of Tropical Medicine and Hygiene 2001;64:164-171.
36. Lewis E, Shinefield HR, Woodruff BA, et al. Safety of neonatal hepatitis B vaccine administration.
Pediatric Infectious Disease Journal 2001;20:1049-1054.
37. Averhoff FM, Moyer LA, Woodruff BA, Deladisma AM, Nunnery J, Alter MJ, Margolis HS.
Occupational exposures and risk of hepatitis B virus infection among public safety workers.
Journal of Occupational and Environmental Medicine 2002;44:591-596.
38. Woodruff BA, Vazquez E. Prevalence of hepatitis virus infections in an institution for persons with
developmental disabilities. American Journal of Mental Retardation 2002;107:278-292.
39. Blanck HM, Bowman BA, Serdula MK, Khan LK, Kohn W, Woodruff BA. Angular stomatitis and B
vitamin status among adolescent Bhutanese refugees living in southeastern Nepal. American
Journal of Clinical Nutrition 2002;76:430-435.
40. Woodruff BA, Duffield A. Anthropometric assessment of nutritional status in adolescent
populations in humanitarian emergencies. European Journal of Clinical Nutrition 2002;56:1108-
1118.
41. Bilukha OO, Brennan M, Woodruff BA. Death and injury from landmines and unexploded
ordnance in Afghanistan. Journal of the American Medical Association 2003;290:650-653.
42. Woodruff BA, Kaiser R. Violence and mortality in West Darfur – an invited commentary. Lancet
2004;364:1290-1291.
43. Hoven CW, Duarte CS, Lucas CP, Wu P, Mandell DJ, Goodwin RD, Cohen M, Balaban V, Woodruff
BA, et al. Psychopathology among New York City public school children six months after
September 11. Archives of General Psychiatry 2005;62:545-551.
44. Burkle FM, Woodruff BA, Noji EK. Lessons and controversies: planning and executing immediate
relief in the aftermath of the war in Iraq. Third World Quarterly 2005;26:797-814.
45. Woodruff BA. Interpreting mortality data in humanitarian emergencies – an invited commentary.
Lancet 2006;367:9-10.
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46. Woodruff BA, Blanck HM, Slutsker L, Cookson ST, Larson MK, Duffield A, Bhatia R. Anaemia, iron
status, and vitamin A deficiency among adolescent refugees in Kenya and Nepal. Public Health
Nutrition 2006;9:26-34.
47. Kaiser R, Woodruff BA, Bilukha O, Spiegel P, Salama P. Using design effect from previous cluster
surveys to guide sample size calculation in emergency settings. Disasters 2006;30:199−211.
48. Working Group for Mortality Estimation in Emergencies. Wanted: studies on mortality estimation
methods for humanitarian emergencies, suggestions for future research. Emerging Themes in
Epidemiology 2007;4:9.
49. Mills EJ, Checchi F, Orbinski JJ, Schull MJ, Burkle FM, Beyrer C, Cooper C, Hardy C, Singh S, Garfield
R, Woodruff BA, Guyatt GH. Users' guides to the medical literature: how to use an article about
mortality in a humanitarian emergency. Conflict and Health 2008;2:9.
50. Cairns KL, Woodruff BA, Myatt M, Bartlett L, Goldberg H, Roberts L. Cross-sectional survey
methods to assess retrospectively mortality in complex humanitarian emergencies. Disasters
2009;33:503-521.
51. Suchdev PS, Jashi M, Sekhniashvili Z, Woodruff BA. Progress toward eliminating iodine deficiency
in the Republic of Georgia. International Journal of Endocrinology and Metabolism 2009;3:200-
207.
52. Talley L, Woodruff BA, Seal A, Tripp K, Mselle LS, Abdalla F, Bhatia R, Mirghani Z. Evaluation of
the effectiveness of stainless steel cooking pots in reducing iron-deficiency anaemia in food-aid
dependent populations. Public Health Nutrition 2010;13:107-115.
53. Tripp K, MacKeith N, Woodruff BA, Talley L, Mselle L, Mirghani Z, Abdalla F, Bhatia R, Seal AJ.
Acceptability and use of iron and iron-alloy cooking pots: Implications for anaemia control
programmes. Public Health Nutrition 2010;13:123-130.
54. Sullivan KM, Hossain SM, Woodruff BA. Mortality rate and confidence interval estimation in
humanitarian emergencies. Disasters 2010;34:164-175.
55. Suchdev PS, Ruth LJ, Woodruff BA, Mbakaya C, Mandava U, Flores-Ayala R, Jefferds MED, Quick
R. Selling Sprinkles micronutrient powder reduces anemia, iron deficiency, and vitamin A
deficiency in young children in western Kenya: a cluster-randomized controlled trial. American
Journal of Clinical Nutrition 2012; 95(5):1223-1230.
56. Otgonjargal D, Woodruff BA, Batjargal J, Gereljargal B, Davaalkham D. Nutritional status of under-
five children in Mongolia. Journal of Medicine and Medical Sciences 2012;3(5):341-349.
57. Rohner F, Woodruff BA, Aaron GJ, Yakes EA, Lebanan MA, Rayco-Solon P, Saniel OP. Infant and
young child feeding practices in urban Philippines and their associations with stunting, anemia,
and deficiencies of iron and vitamin A. Food Nutr Bull. 2013 Jun;34(2 Suppl):S17-34.
58. Shinoda N, Sullivan KM, Tripp K, Erhardt JG, Haynes BM, Temple VJ, Woodruff B. Relationship
between markers of inflammation and anaemia in children of Papua New Guinea. Public Health
Nutrition 2013;16(2):289-295.
59. Checchi F, Waldman RJ, Roberts LF, Ager A, Asgary R, Benner MT, Blanchet K, Burnham G,
d'Harcourt E, Leaning J, Massaquoi MB, Mills EJ, Moresky RT, Patel P, Roberts B, Toole
MJ, Woodruff B, Zwi AB. World Health Organization and emergency health: if not now, when?
BMJ 2016; Jan 28;352:i469. doi: 10.1136/bmj.i469.
60. Rohner F, Wirth JP, Woodruff BA, Chiwile F, Yankson H, Sesay F, Koroma AS, Petry N, Pyne-Bailey
S, Dominguez E, Kupka R, Hodges M, de Onis M. Iodine status of women of reproductive age in
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Sierra Leone and its association with household coverage with adequately iodized salt. Nutrients
2016;8(2),74; doi: 10.3390/nu8020074.
61. Wirth JP, Rohner R, Woodruff BA, Chiwile F, Yankson H, Koroma AS, Russel F, Sesay F, Dominguez
E, Petry N, Shahab-Ferdows S, de Onis M, and Hodges M. Anaemia, micronutrient deficiencies
and malaria in children and women in Sierra Leone prior to the Ebola outbreak. PLoS One. 2016
May 10;11(5):e0155031
62. Wirth JP, Leyvraz M, Sharma ND, Aaron GJ, Sodani PR, Woodruff BA. Coverage of adequately
iodized salt is suboptimal and rice fortification using public distribution channels could reach low-
income households: findings from a cross-sectional survey of anganwadi center catchment areas
in Telangana, India. PLoS One. 2016 Jul 22;11(7):e0158554.
63. Leyvraz M, Wirth JP, Woodruff BA, Sankar R, Sodani PR, Sharma ND, Aaron GJ. High coverage
and utilization of fortified take-home rations among children 6 - 35 months of age provided
through the Integrated Child Development Services Program: Findings from a cross-sectional
survey in Telangana, India PLoS One. 2016 Oct 3;11(10):e0160814.
64. Leyvraz M, Rohner F, Konan AG, Esso LJ Woodruff BA, Norte A, Adiko F, Bonfoh B, Aaron GJ. High
awareness but low coverage of a locally produced fortified complementary food in Abidjan, Côte
d’Ivoire: Findings from a cross-sectional survey. PLoS One. 2016 Nov 8;11(11):e0166295.
65. Wirth JP, Rohner F, Petry N, Onyango A, Matji J, Bailes A, de Onis M, Woodruff BA. Assessment
of the WHO Stunting Framework using Ethiopia as a case studyMatern Child Nutr. 2017 Apr;13(2).
doi: 10.1111/mcn.12310. Epub 2016 Apr 29.
66. Wirth JP, Matji J, Woodruff BA, Chamois S, Getahun Z, White J, Rohner R. Scale up of nutrition
and health programs in Ethiopia and their overlap with reductions in child stunting. Matern Child
Nutr. 2017 Apr;13(2). doi: 10.1111/mcn.12318. Epub 2016 May 1.
67. Woodruff BA, Wirth JP, Bailes A, Matji J, Timmer A, Rohner F. Determinants of stunting reduction
in Ethiopia 2000 – 2011. Matern Child Nutr. 2017 Apr;13(2). doi: 10.1111/mcn.12307.
68. Wirth JP, Woodruff BA, Engle-Stone R, Namaste SM, Temple VJ, Petry N, Macdonald B, Suchdev
PS, Rohner F, Aaron GJ. Predictors of anemia in women of reproductive age: Biomarkers
Reflecting Inflammation and Nutritional Determinants of Anemia (BRINDA) project. Am J Clin
Nutr. 2017;106(Suppl 1):416S-427S.
69. Wirth JP, Ansumana R; Woodruff BA, Koroma AS, Hodges MH. Association between sickle cell
and β-thalassemia genes and hemoglobin concentration and anemia in children and non-
pregnant women in Sierra Leone: ancillary analysis of data from Sierra Leone’s 2013 National
Micronutrient Survey. BMC Res Notes 2018;11:43.
70. Woodruff BA, Wirth JP, Ngnie-Teta I, Beaulière JM, Mamady D, Ayoya MA, Rohner F.
Determinants of stunting, wasting, and anemia in Guinean preschool-age children: An Analysis of
DHS Data From 1999, 2005, and 2012. Food Nutr Bull 2018;39:39-53.
71. Wirth JP, Rajabov T, Petry N, Woodruff BA, Shafique NB, Mustafa R, Tyler VQ, Rohner F.
Micronutrient deficiencies, over- and undernutrition, and their contribution to anemia in
Azerbaijani preschool children and non-pregnant women of reproductive age. Nutrients 2018;
10:1483; doi:10.3390/nu10101483.
72. Wirth JP, Woodruff BA, Mamady D, Beauliere JM, Ayoya M, Rohner F and Teta IN. Nutrition
trends in the past fifteen years in Guinea: secondary analysis of cross-sectional data on children,
adolescent girls and women. Afr J Food Agric Nutr Dev 2019;19(4):14889-14915
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73. Rohner F, Nizamov F, Petry N, Yuldasheva F, Ismailov S, Wegmuller R, Guo S, Wirth JP, Woodruff
BA. Household coverage with adequately iodized salt and iodine status of non-pregnant and
pregnant women in Uzbekistan. Thyroid. 2020;30:898-907.
74. Petry N, Nizamov F, Woodruff BA, Ishmakova R, Komilov J, Wegmüller R, Wirth JP, Arifdjanova D,
Guo S, Rohner F. Risk factors for anemia and micronutrient deficiencies among women of
reproductive age - The impact of the wheat flour fortification program in Uzbekistan. Nutrients
2020 Mar 7;12(3):714.
75. Petry N, Al-Maamary SA, Woodruff BA, Alghannami S, Al-Shammakhi SM, Al-Ghammari IK, Tyler
V, Rohner F, Wirth JP. National prevalence of micronutrient deficiencies, anaemia, genetic blood
disorders and over- and undernutrition in Omani women of reproductive age and preschool
children. Sultan Qaboos University Med J, May 2020, Vol. 20, Iss. 2, pp. e151–164.
Books or book chapters
1.
Woodruff BA, Burkholder BT. Health and nutrition among refugees and displaced persons. In:
Strickland GT, ed. Hunter's Tropical Medicine, Eighth Edition. Orlando, FL: W.B. Saunders and
Company, 1999.
2.
Surveillance and Monitoring. In: Reproductive Health in Refugee Situations: an interagency
field manual. Geneva, Switzerland: UNHCR, 1999. Pages 95-117.
3.
WHO. Rapid health assessment protocols for emergencies. World Health Organization,
Geneva, Switzerland. 1999.
4.
Communicable Disease Control in Emergencies: a Field Manual. World Health Organization,
Geneva, Switzerland. 2005.
5.
Measuring Mortality, Nutritional Status and Food Security in Crisis Situations: Smart
Methodology, Version 1, June 2005. UNICEF and USAID, New York and Washington, D.C. 2005.
6.
Chapter 3 – Comprehensive Survey Design and Chapter 4 – Measuring Mortality. In: Measuring
and Interpreting Malnutrition and Mortality: A Manual for WFP Staff. World Food Programme,
Rome. 2005
U.S. government and United Nations publications
1.
Centers for Disease Control. La Crosse encephalitis in West Virginia. MMWR 1988;37:79-82.
2.
ACIP. Typhoid immunization: recommendations of the Immunization Practices Advisory
Committee (ACIP). MMWR 1990;39(RR-10):1-5.
3.
Centers for Disease Control and Prevention. Inadequate immune response among public safety
workers receiving intradermal vaccination against hepatitis B - United States, 1990-1991.
MMWR 1991;40:569-572.
4.
Centers for Disease Control and Prevention. Screening for hepatitis B virus infection among
refugees arriving in the United States, 1979-1991. MMWR 1991;40:784-6.
5.
Centers for Disease Control and Prevention. Guidelines for collecting, processing, storing, and
shipping diagnostic specimens in refugee health-care environments. Annex of: Famine-
affected, refugee, and displaced populations: recommendations for public health issues,
MMWR 1992;41.
6.
Intradermal administration of hepatitis B vaccine: an update; in, Hepatitis Surveillance Report
No. 54. Atlanta: Centers for Disease Control, 1992, pages 2-5.
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7.
Centers for Disease Control and Prevention. Hepatitis B vaccination of adolescents - California,
Louisiana, and Oregon - 1992-1994. MMWR 1994;43:605-9.
8.
Centers for Disease Control and Prevention. Nutritional assessment of adolescent refugees —
Nepal, 1999. MMWR 2000;49:864-867.
9.
Woodruff BA and Duffield A. Assessment of nutritional status in emergency-affected
populations: adolescents. RNIS Supplement, July 2000.
10. Centers for Disease Control and Prevention. Nutritional assessment of children after severe
winter weather --- Mongolia, June 2001. MMWR 2002;51:5-7.
11. Centers for Disease Control and Prevention. Injuries associated with landmines and
unexploded ordnance --- Afghanistan, 1997—2002. MMWR 2002;52:859-862.
12. Centers for Disease Control and Prevention. Cholera epidemic after increased civil conflict –
Monrovia, Liberia, June-September 2003. MMWR 2003;52:1093-1095.
13. Mokdad A and Woodruff BA, eds. Disaster Response. In: Chronic Diseases and Vulnerable
Populations in Times of Natural Disaster: An Action Guide. Mensah GA and Wilcox L, eds.
Atlanta: Centers for Disease Control and Prevention, 2006.
14. Centers for Disease Control and Prevention. Baseline Data from the Nyando Integrated Child
Health and Education Project — Kenya, 2007. MMWR 2007;56:
Other journals, conference proceedings, and major technical reports
1.
Woodruff BA, Baron RC, Tsai TF. La Crosse encephalitis in West Virginia, 1987 and 1988. In:
Proceedings of the 23rd Annual Meeting of the Ohio Mosquito Control Association. Columbus:
23rd Annual Meeting of the Ohio Mosquito Control Association, 1989:15-9.
2.
Yip R, Keller W, Woodruff BA, Sullivan KM. Report of the UNRWA nutrition survey of
Palestinian refugees in Gaza, Jordan, Lebanon, Syria, and the West Bank, 1990: survey and
consultation report for UNRWA and EMRO/WHO. UN Relief and Works Agency for Palestinian
Refugees in the Near East (UNRWA) and US CDC. Jerusalem, Israel; September 15, 1990.
3.
Woodruff BA, Taylor F, Grossman M. The San Francisco demonstration project - universal
infant immunization against hepatitis B. San Francisco Medicine 1992;65:32-3.
4.
Woodruff BA, Grossman M, Abbott MB. A primer on hepatitis B: frequently asked questions
about hepatitis B immunization. California Pediatrician 1993;9:31-2.
5.
Woodruff BA. Hepatitis B control in the United States (editorial). Liver Update: Function and
Disease 1993;6:1-2.
6.
Woodruff BA, Gandelman AA, Boyer-Chu L, Iser J, Stevenson MA, Grossman M, Taylor F. The
San Francisco demonstration project in hepatitis B vaccination: implementation and preliminary
results. In: Centers for Disease Control and Prevention, National Immunization Program. 27th
National Immunization Conference Proceedings; 1993 June 14-18; Washington, DC. Atlanta:
CDC, 1993:89-93.
7.
Woodruff BA, Harpaz R, Margolis HS. Hepatitis B virus infection in Moldova: report of a
consultancy for USAID, July - August 1993. Moldova National Center for Scientific and Applied
Hygiene and Epidemiology and US CDC. Atlanta, Georgia; 1993.
8.
Woodruff BA. Recommendations for the control and prevention of hepatitis B virus infection
among refugees entering the United States. US CDC. Atlanta, Georgia; 1994.
9.
Woodruff BA. Accident scene infection risk (letter). Hang Gliding 1995;25(3):6.
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10. Unti L, Coyle K, Woodruff BA, and Demonstration Project Staff. A review of adolescent school-
based hepatitis B vaccination projects. San Francisco Unified School District and US CDC. San
Francisco; 1995.
11. Hailemeskal H, Woodruff BA, Yahmed SB. Rapid health assessment. World Health: the
Magazine of the World Health Organization 1996;49(6):28.
12. Cookson ST, Woodruff BA, Slutsker L. Prevalence of anemia and low body-mass index among
adolescents 10-19 years of age in refugee camps in Dadaab District, Kenya. UN High
Commissioner for Refugees (UNHCR). Nairobi, Kenya; 1998.
13. Woodruff BA, Slutsker L, Cookson ST. Prevalence and causes of anemia and prevalence of low
body-mass index in adolescents 10-19 years of age in Kakuma camp, Kenya. UN High
Commissioner for Refugees (UNHCR). Nairobi, Kenya; 1999.
14. Woodruff BA, Duffield A, Blanck H, Larson MK, Pahari S, Bhatia R. Prevalence of low body mass
index and specific micronutrient deficiencies in adolescents 10-19 years of age in Bhutanese
refugee camps, Nepal, October 1999. UN High Commissioner for Refugees (UNHCR).
Kathmandu, Nepal; 1999.
15. Woodruff BA. Older people, nutrition, and emergencies in Ethiopia - commentary. Field
Exchange 2001;14:28.
16. Woodruff BA. Measuring mortality rates in cross-sectional surveys: a commentary. Field
Exchange 2002;17:16.
17. Woodruff BA, Reynolds M, Tchibindat F, Ahimana C. Nutrition and Health Survey: Badghis
Province, Afghanistan. February – March 2002. UNICEF. Kabul, Afghanistan; 2002.
18. Skau J, Belachew T, Girma T, Woodruff BA. Outcome evaluation study of the targeted
supplementary food (TSF) program in Ethiopia. World Food Programme and Jimma University.
Addis Ababa, Ethiopia. 2009.
PERSONAL DATA
Date of birth:
May 24, 1953
Marital status:
Married
Citizenship:
Canada
United States
Languages:
French, able to work in language
German, basic
Swedish, basic
Mandarin, basic
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DECLARATION OF JAVIER O. HIDALGO
I, Javier O. Hidalgo, swearing under penalties of perjury, that the following is true and correct to
the best of my knowledge:
1.
My name is Javier O. Hidalgo and I am the Supervising Attorney of the Family Detention
Services Program at the Refugee and Immigrant Center for Education and Legal Services
(“RAICES”). I have been the Supervising Attorney since October 2018. I am licensed to
practice law in the states of New York and Texas.
2.
My colleague Andrea Meza previously provided a declaration that described RAICES’s
work providing free legal services at Karnes County Family Residential Center in Karnes
City, Texas (“Karnes family detention center” or “Karnes”) since its opening as a family
detention center in August 2014. See ECF No. 5-2.
3. RAICES has now represented dozens of families subjected to Title 42 expulsion while
detained at Karnes. The following information is based on information learned from
representing these families, as well as our communications with DHS officers.
4. The intake process for new families arriving at Karnes currently includes testing for
COVID-19 and a period or quarantine. Typically, for family units that include both
parents, the fathers are quarantined separately from the rest of the family. After a family
who has tested negative for COVID-19 finishes their quarantine period, they are allowed
to access some common spaces with other detained families.
5. Karnes currently has a total bed capacity of approximately 830 individuals.1 We believe
that it currently houses 78 individuals as of the date of this declaration, which is a
relatively small percentage of its total capacity.
6. ICE detains families at Karnes in both Title 42 and Title 8 proceedings, though we
believe that currently only Title 42 families are detained at Karnes. In our experience,
families in Title 42 proceedings are detained at Karnes for at least two weeks on average.
We have seen families in Title 42 proceedings detained at Karnes as long as forty seven
1 See https://www.ice.gov/factsheets/karnes-county-residential-center (last accessed February 3,
2021).
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(47) days. In comparison, families at the facility in Title 8 proceedings have most
recently been detained at Karnes an average of twenty-seven (27) days.
7. When we learn of a detained family subject to Title 42 expulsion, and that family has a
fear of return to their home country, we notify DHS that the family needs an assessment
for relief under the Convention Against Torture (as DHS’s guidance requires). Thus far,
we are not aware of any Title 42 families who have passed DHS’s screening for torture
claims.
8. The families in Title 8 proceedings receive a credible or reasonable fear interview as a
threshold screening for potential asylum protection. If a family receives a negative fear
determination, they can ask an immigration judge to review that finding. Upon review of
our data from July 2020 through the present, the majority of families in Title 8
proceedings for whom our team provided legal services received a positive fear finding
or had a negative fear finding vacated by an immigration judge. In even more cases, DHS
releases the family from Karnes before we learn of the results of their fear screening,
likely because family passed the screening. Generally, families in Title 8 proceedings are
at Karnes for an average of 27 days, after which they are served with Notices to Appear
for removal proceedings under section 240 of the INA if they receive a positive credible
fear finding. Families are then are released to a sponsor, usually a family member here in
the United States, or to a shelter.
9. In the Fall of 2020, due to our advocacy DHS decided to reprocess a number of families
detained at Karnes from Title 42 to Title 8. The majority of those families reprocessed
into Tile 8 proceedings received positive credible fear findings and were released to their
sponsors in the United States.
I declare under penalty of perjury, under the laws of the United States of America and Texas,
that the foregoing is true and correct.
Date: February 4, 2021
/s/ Javier O. Hidalgo
Javier O. Hidalgo
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DECLARATION OF ALLISON HERRE
I, Allison Herre, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am an attorney licensed to practice law in Ohio. Since July 2019, I have been the
Managing Attorney for Proyecto Dilley (formerly the CARA Pro Bono Project and
Dilley Pro Bono Project). Proyecto Dilley has provided pro bono legal services to
asylum-seeking immigrant parents and their children who are detained by U.S.
Immigration and Customs Enforcement (“ICE”) at the South Texas Family
Residential Center (“Dilley”) in Dilley, Texas since the facility opened at the end of
2014. Our project provides direct representation in immigration proceedings through
project staff as well as volunteers from all over the country.
2. I have been practicing law since 2012 during which time I have focused my practice
on immigration law at both private and non-profit organizations. Immediately prior
to joining Proyecto Dilley, I served as the director of Immigration Legal Services, for
Catholic Charities of Southwestern Ohio in Cincinnati, Ohio.
3. This declaration is based on my personal experience working with noncitizen children
and families detained at Dilley. I am also familiar with the facility after having
visited Dilley almost daily prior to the outbreak of the COVID-19 pandemic and by
regularly interacting with facility staff and ICE officers both before and during the
COVID-19 pandemic.
4. Proyecto Dilley’s volunteer-based model has allowed our project to represent the
overwhelming majority of families who have been detained at Dilley. In 2015 we
represented 10,804 families, in 2016, we represented 12,850 families; in 2017, we
represented 13,291 families, in 2018, we represented 16,734, and in 2019, we
represented 10,086 families.
5. Subsequent to the government’s implementation of the Title 42 expulsion process,
ICE’s use of Dilley to detain asylum-seeking families dropped dramatically. In fact,
since the start of the COVID-19 pandemic in March 2020, our office has only
represented fewer than 500 families.
6. In a report filed by ICE Juvenile Coordinator Deane D. Dougherty with the District
Court for the Central District of California on January 19, 2021, 194 beds of the 2,400
beds available at Dilley were occupied, an 8% total occupancy of the facility’s total
capacity. This capacity reflects what we have seen for many months in Dilley.
7. Our clients typically come to the United States fleeing great danger in their home
countries, including El Salvador, Guatemala, Honduras, Brazil, Ecuador, Haiti,
Mexico, Cuba, Venezuela, the Democratic Republic of the Congo, Romania, Angola,
Uzbekistan, and many others.
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8. The families we represent seek safety in the United States after experiencing
unimaginable harm. For example, Ms. K is a young mother, who was kidnapped by
her child’s father and held hostage for two years during which time he beat her, raped
her daily, and locked her and her child in the house for days without any food. The
abuser held guns to her head and threatened to kill her many times. On one occasion,
he beat her so severely that she went into premature labor and her child was born with
weak lungs, which have made him susceptible to severe respiratory infections. When
Ms. K and her one-year-old child arrived at the border, Ms. K had a fractured collar
bone from the final beating she received before escaping her abuser. Her child
became very ill and required hospitalization while detained by border patrol.
9. Another client, Ms. C, is from an ethnic minority in her home country. As a member
of the minority ethnic group, Ms. C was beaten by her teachers in school, had rocks
thrown at her, was denied medical care, and was prohibited from entering any public
buildings, such as the police station and government benefits office. Ms. C’s son was
murdered by a man who is a member of the majority ethnic group because Ms. C’s
son tried to defend himself from the man’s son who punched Ms. C’s child. When
Ms. C tried to report her son’s murder, the police refused to permit her into the
building and called her “dirty” and other slurs for the ethnic minority. The man later
broke into Ms. C’s home with a group of men and raped Ms. C, beat her son, and
raped her daughter-in-law. The man has also beaten Ms. C’s son on numerous
occasions.
10. We recently represented the “L” Family that openly opposed their government’s anti-
capitalist policies by importing goods from the United States to sell in the family’s
store. As punishment for the family’s defiance, the government sent police to Mr. and
Ms. L’s store where they ransacked and looted the store on at least two occasions,
arrested Mr. and Ms. L, and tortured Mr. L while he was detained. The police
repeatedly beat Mr. L in the groin so many times that he required hospitalization and
surgery after police finally released him.
11. As of November 2020, it is my understanding that all of the families detained at
Dilley are being processed under Title 8, rather than being subjected to immediate
expulsion under Title 42. Prior to November 2020, the overwhelming majority of
families that we represented and worked with were also placed in proceedings under
Title 8.
12. Dilley has instituted policies to house, quarantine, isolate, process, and release
immigrant families from the facility. Each family at the facility is put in the facility
and quarantined for about fourteen days. All family members are tested for COVID-
19 and either remain in quarantine, or if they test positive, are put in medical isolation
for at least fourteen days after the positive test. If the family includes both a father
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and mother, the fathers are held in a different wing of the facility apart from the
mothers with their children.
13. Families who are detained in Dilley are housed in rather large solid-sided trailers,
where they have access to beds, sinks, telephones, showers, bathrooms, and a sitting
area. While most trailers in Dilley have capacity to hold up to six families at a time,
until recently, each family was put in a trailer alone. Recently, DHS has sometimes
put two or three families (mothers and children) together in a trailer, and sometimes
put multiple fathers in a trailer together.
14. Many of our clients have recently reported that they were asked by facility staff if
they would like to receive a COVID-19 vaccine. Clients who declined to receive a
vaccine were provided with contact information for a health center close to their final
destination and informed they could access the vaccine upon release from detention.
15. Typically, families who come to Dilley in Title 8 proceedings participate in
interviews with the U.S. Citizenship and Immigration Services. During the interview,
an asylum officer quickly determines whether the family has bona fide claim for
protection from persecution or torture. If families receive a positive determination
subsequent to their interview, they are processed into removal proceedings before an
immigration judge and are eligible for release. They are then released, typically to
the care of a sponsor in the United States who assumes responsibility for their care
and housing.
16. Over the last five years, with the exception of a period of time between July 2019 and
March 2020, more than 99% of the families represented by Proyecto Dilley received
positive decision in their case and were released from detention.
17. Families in Title 8 proceedings can be screened, processed, and released from Dilley
within 20 days, which is more than enough time for each family to complete 14 days
of quarantine for COVID-19. In my experience, the vast majority of immigrant
families we serve are well-suited for immediate release, because they have genuine
claims for relief from persecution, pose no danger to society, and are not flight risks.
I declare under penalty of perjury under the laws of the United States of America and Texas that
the foregoing is true and correct.
Executed on: February 5, 2021, in San Antonio, Texas, United States.
Signature:
Allison Herre
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1
DECLARATION OF LINDA CORCHADO
I, Linda Corchado, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am an attorney licensed to practice law in New York. Since May 2019, I have been
the Legal Director at Las Americas Immigrant Advocacy Center (“Las Americas”). I
engage in direct representation of noncitizen clients and also supervise attorneys and
other staff at Las Americas who represent individuals detained during immigration
proceedings.
2. I have been practicing law since 2014. Prior to joining Las Americas, I worked as a
private immigration attorney for four years.
3. I make this declaration based on my personal experience working with noncitizen
families and children subject to the Title 42 Process since the process came into effect
in March 2020.
4. Our office regularly provides legal services and other assistance to low-income
refugees and asylum seekers in CBP and ICE custody. Our clients typically come to
the United States fleeing great danger in their home countries, including Brazil,
Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, and others. Because they
are often escaping death threats and other forms of extreme persecution, summary
expulsion of our clients endangers their lives.
5. Since the CDC order went into effect in March 2020, it has been extremely difficult
to find our clients before they are deported under Title 42. Some children and
families are summarily deported after only a few days in government custody, and
sometimes after just a few hours. We often hear of clients subject to Title 42
expulsion because we get an urgent call from a family member of the detained
person, saying that the person is subject to imminent expulsion and needs help.
6. Despite these impediments, our office has now represented a number of children and
family members who were subject to the Title 42 Process. In my experience, these
individuals all have significant protection needs, fear return to their home countries or
expulsion to Mexico, and would be potentially eligible for various forms of
humanitarian relief if they were put into regular removal proceedings.
7. Under the Title 42 Process, families—including families with young children—are
being expelled without any meaningful opportunity to prove their claims of
persecution or torture. Generally, noncitizens are apprehended and quickly processed
and sent back across the border to Mexico or sent to detention centers awaiting
expulsion to another country.
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2
8. I now know of clients and clients’ family members who have been kidnapped,
threatened, or otherwise harmed after being expelled to Mexico or to their origin
countries under the Title 42 Process. In August 2020, I represented an 8-year-old
client who had originally fled Honduras with his father. Under the Title 42 Process,
both the child and his father were summarily expelled to Mexico, where his father
was soon kidnapped. My client then entered the United States a second time, by
himself, to reunite with his grandmother and escape persecution.
I declare under penalty of perjury under the laws of the United States of America and Texas that
the foregoing is true and correct.
Executed on: February 5, 2021, in El Paso, Texas, United States.
Signature:
Linda Corchado
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DECLARATION OF LISA FRYDMAN
I, Lisa Frydman, pursuant to 28 U.S.C. § 1746, declare as follows:
Information about KIND and the Declarant
1.
I am Vice President of International Programs at Kids in Need of Defense
(“KIND”), a nonprofit advocacy and legal services organization based in the United States. I am
an attorney and have been, since March 2020, Vice President of International Programs at KIND.
From 2017-2020 I was Vice President for Regional Policy and Initiatives (“Regional Team”) at
KIND. From 2015-2017 I served as KIND’s Director for Regional Policy and Initiatives. In my
work at KIND, I supervise KIND’s International Team with programming in Central America,
Mexico, and Europe, and regularly visit the northern countries of Central America and Mexico
(referred to collectively herein as “the Region”) to carry out the organization’s work described
here.
2.
KIND’s International Team offers direct programming with children and
adolescents in the northern countries of Central America. The International Team, through civil
society partner organizations, provides reintegration support services for children repatriating to
Guatemala and Honduras, as well as sexual and gender-based violence prevention programming
for children in certain high migration communities in Guatemala and Honduras. Through its
Reintegration Program and other Regional programming and visits, KIND’s International Team
communicated with approximately 550 Central American children in 2019. From 2015-2017, the
Regional Team provided support services to children in Honduras and El Salvador with pending
cases for refugee resettlement in the United States under an in-country refugee processing and
parole effort known as the Central American Minors (“CAM”) Program. In 2018 the Regional
Team, through civil society partners, conducted a project in the Region to empower adolescent
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refugees and migrants, as well as internally displaced adolescents from El Salvador, Guatemala,
and Honduras, to tell their stories related to immigration and internal displacement. In 2020,
KIND launched a broader set of programming in Mexico, with staff located along the U.S.-
Mexico border and in Mexico City.
3.
While KIND’s focus is on unaccompanied children, our work along the border
regularly intersects with families that include children. Our U.S. offices have served dozens of
children who reached the borders with their families; were placed in the Trump Administration’s
“Migrant Protection Protocols” (MPP) program that involved returning the families to northern
Mexico to await their immigration court hearings; and who subsequently entered the United
States as unaccompanied children, often because their parent or guardian was kidnapped or killed
while the family waited in Mexico. The experiences of families in the MPP program are relevant
here because many families expelled under Title 42—particularly those who are from
Guatemala, Honduras, and El Salvador—are sent to Mexico and forced to live there, instead of
being returned to their countries of origin.
4.
Children and families expelled to Guatemala, Honduras, and El Salvador under
Title 42 are returning to three of the most dangerous countries in the world. Guatemala,
Honduras, and El Salvador all rank among the top ten most dangerous countries by homicide
rates globally.1 Accordingly, these countries send significant numbers of asylum seekers with
bona fide claims to the United States each year. In 2018, the United States granted asylum to
7,350 individuals from these countries.2
1 According to the United Nations Office on Drugs and Crime (UNODC), in 2017, El Salvador
ranked first in the world by homicide rate, followed by Honduras (third) and Guatemala (ninth).
UNODC, Global Study on Homicide (2019).
2 Dep’t of Homeland Security, Office of Immigration Statistics, Annual Flow Report, Refugees
and Asylees: 2018 (Oct. 2019), at 8, available at
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5.
Violence, in combination with impunity and a failure of protection, causes
children and families to flee their homes in the northern countries of Central America and seek
safety in the United States. Migrants from these countries seek to escape violence inflicted by
criminal gangs or other organized crime, for example by drug cartels; sexual and gender-based
violence, including violence and extreme discrimination based on sexual orientation and/or
gender identity; and domestic abuse. Women and girls, and lesbian, gay, bisexual, transgender,
and intersex (“LGBTI”) individuals, face very high levels of sexual and gender-based violence.
Children are also frequently trafficked from rural to urban areas and across borders or to border
areas, where they are often sexually exploited or subject to exploitative labor. Femicide, or the
gender-motivated killing of women and girls, is also pervasive in these countries.3
6.
Gangs now dominate much of the urban areas of the Northern Triangle countries,
and their control has increasingly spread to rural areas as well, where international drug cartels
also, increasingly, operate. The most recent U.S. State Department Travel Advisory for
Guatemala illustrates this point, issuing a level 3 travel advisory for the departments of
Guatemala, Escuintla, Chiquimula, Quetzaltenango, Izabal, and Petén.4 The departments of San
Marcos and Huehuetenango have also experienced significant growth of organized crime in
recent years. Where these criminal groups dominate, women and girls are in constant danger of
https://www.dhs.gov/sites/default/files/publications/immigration-
statistics/yearbook/2018/refugees_asylees_2018.pdf.
3 See UNODC, Global Study on Homicide (2019), supra note 4 (reporting that in 2017, El
Salvador and Honduras ranked first and third in the world for female homicide rates); Mimi
Yagoub, Why Does Latin America Have the World’s Highest Female Murder Rates, InSight
Crime (Feb. 11, 2016), available at https://www.insightcrime.org/news/analysis/why-does-latin-
america-have-the-world-s-highest-female-murder-rates/ (reporting Guatemala ranked third in the
world by female murder rate).
4 U.S. Dep’t of State, Guatemala Travel Advisory,
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/guatemala-travel-
advisory.html (last visited Feb. 5, 2021).
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being targeted for sexual violence, as they use rape and the threat of rape as a tactic of control in
the areas where they operate. Women and girls are also frequently targeted for forced sexual
relationships with organized crime members, and those who resist these advances face violence
or even death. When family members seek to protect women and girls from forced relationships
they face violence repercussions.
7.
Gangs also forcibly recruit boys and girls and, once invited to join, those who
resist (or are related to those who resist) face threats, torture, and ultimately death. These same
consequences also face individuals who fail to comply with violent extortion demands from
these groups, which have become very common in recent years. When victims attempt to escape
by relocating within their countries, gangs often track them down and ruthlessly punish them.
8.
Gang-based violence is pervasive in Guatemala, Honduras, or El Salvador. Over
90% of homicide cases in the northern countries of Central America end in impunity, and in
cases involving sexual and gender-based violence the impunity rate is even higher—at 95%. Law
enforcement officers sometimes target LGBTI individuals precisely when they come in to report
violence. Violence against women and children has increased during the pandemic, at the same
time that severe restrictions on movement and reduced staff at government agencies in
Guatemala, El Salvador, and Honduras, have made reporting it even more difficult.
9.
COVID-19 has exacerbated gender-based violence, gang violence, and other
longstanding concerns in Northern Central America, making the situation even more dire for
expelled families. The increase in violence against women and children has been evident in the
spike in calls to emergency hotlines during the pandemic. The Organization of Salvadoran
Women for Peace (ORMUSA) reported a 70 percent increase in complaints of violence against
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women in El Salvador between mid-March and late May of 2020.5 In Honduras, since the
pandemic started, every hour a woman experiences some form of GBV6, and the number of
reported cases of domestic and intra-family violence increased by 4.1 percent per week during
the first months of lockdown (March through May), reaching 10,000 reports made to the
National Emergency System in April alone.7
10.
In El Salvador, Honduras, and Guatemala, street gangs have used COVID-related
confinement to strengthen their control over communities.8 This includes “stepping up of
extortion, and sexual and GBV, and using forced disappearances, murders, and death threats
against those who do not comply”9 with curfews and other restrictions. In Honduras, for
example, gangs have used such tactics against citizens who did not comply with stay-at-home
orders.10 In El Salvador, gangs, like the MS-13, enforced the implementation of COVID-19
lockdown restrictions in several cities, including Santa Ana and San Salvador, through threats
and violence.11 Gangs killed 74 people during the first week of lockdown, far surpassing the
previous average of approximately three deaths per day due to gang violence.12
5 https://ormusa.org/organizaciones-lanzan-campana-de-sensibilizacion-de-la-violencia-contra-
las-mujeres-en-el-marco-de-la-emergencia-por-covid-19/ and
https://www.elsalvador.com/eldiariodehoy/violencia-domestica-coronavirus-
cuarentena/702488/2020/
6 https://honduras.unfpa.org/es/news/es-prioridad-asegurar-la-continuidad-de-los-servicios-de-
atenci%C3%B3n-victimas-de-violencia-durante
7 https://www.rescue.org/press-release/irc-data-shows-increase-reports-gender-based-violence-
across-latin-america and https://presencia.unah.edu.hn/noticias/observatorio-de-la-violencia-
reporta-45-muertes-violentas-de-mujeres-en-el-periodo-de-confinamiento/
8 UNHCR staff. 2020. “Central America’s displacement crisis aggravated by COVID-19.”
UNHCR
9 Ibd.
10 UN News. 2020. “Coronavirus Lockdowns in Central America, Exploited by Criminal Gangs |
COVID-19 | UN News.” United Nations.
11 Linthicum, Kate. O’Toole, M. Renderos, A. 2020.“In El Salvador, gangs are enforcing the
coronavirus lockdown with baseball bats.” Los Angeles Times.
12 Edgardo Ayala.2020. “Pandillas, virus más letal que el COVID-19 en El Salvador.” La
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11.
Expelled families are returning to grave food insecurity, a longstanding problem
in Guatemala, El Salvador, and Honduras, where over 35 percent of the population experiences
extreme, chronic undernourishment, but made much worse by the economic impacts of the
pandemic.13 Increased economic and social insecurity combined with heightened control exerted
by gangs during the pandemic, has left children and their families more vulnerable to violence,
displacement and forced recruitment by gangs. This has had an even greater impact on children
and families who had already being displaced within their own country in previous years due to
escalating violence and insecurity.14
12.
Closely related to impunity are the well-documented problems of corruption
and repression in all three of these countries. In one notable example, the former Guatemalan
president, Jimmy Morales, recently expelled the International Commission against Impunity in
Guatemala (“CICIG”), an entity created by agreement with the United Nations to prosecute
corruption. In its final report, CICIG described the Guatemalan government as a “mafia
coalition,” noting that corruption in that country could not be solved without “a profound
restricting of the state.”15 In October 2019, the brother of Honduran president Juan Orlando
Hernández was convicted on charges of drug trafficking, in a trial in which multiple witnesses
testified that President Hernández himself was aware of the activity, but accepted bribes and
Jornada. And Martinez, C. Martinez, O. Lemus, E. 2020 “Pandillas amenazan a quien incumpla
la cuarentena.” El Faro
13 Food and Agriculture Organization. 2020. “SDG Indicator 2.1.1 – Prevalence of
Undernourishment.” United Nations.
14 https://www.unhcr.org/news/briefing/2020/5/5ebe47394/central-americas-displacement-crisis-
aggravated-covid-19.html
15 Guatemala in grip of ‘mafia coalition’, says UN body in scathing corruption report, The
Guardian (Aug. 8, 2019), available at
https://www.theguardian.com/world/2019/aug/28/guatemala-corruption-mafia-coalition-jimmy-
morales.
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political support in exchange for turning a blind eye.16 In January 2020 President Hernández shut
down the mandate for the Mission to Support the Fight Against Corruption and Impunity in
Honduras (MACCIH), the anti-graft body backed by the Organization for American States.
13.
I am aware of numerous cases involving domestic violence or sexual violence
perpetrated by a male involved in organized crime in which the perpetrator was able to “buy off”
law enforcement, as well as examples of police officers and judges being bought off. I have
spoken with numerous women, including some adolescent girls, who fled abusive domestic
partners in the northern countries of Central America whose partners had either money or family
connections that protected them from prosecution.
14.
In addition to these forms of violence, children and families expelled to
Guatemala, El Salvador, and Honduras face discrimination from those fearful that they will
introduce COVID-19 to the community. Expelled migrants have faced threats of lynching or
burning in some cases.17 Asylum-seekers expelled to the country of origin have also continued to
face threats from their persecutors. KIND referred a number of expelled children and their
families to protective housing arrangements in order to provide some limited, short-term safety,
but asylum-seekers returned to dangerous conditions lack long-term protection. Migrants, like
the 19 shot and charred dead Guatemalans recently found in a truck in Tamaulipas, are often the
victims, with perpetrators ranging from police or other security forces to drug cartels and other
organized criminal groups.18 These cases include a Guatemalan family who had fled persecution
16 Honduran President’s Brother is Found Guilty of Drug Trafficking, N.Y. Times (Oct. 18,
2019), available at https://www.nytimes.com/2019/10/18/world/americas/honduras-president-
brother-drug-trafficking.html.
17 U.S. returns migrant children despite risks worsened by Coronairus: UNICEF, Reuters (May
21, 2020), available at: https://www.reuters.com/article/us-health-coronavirus-usa-mexico/us-
returns-migrant-children-despite-risks-worsened-by-coronavirus-unicef-idUSKBN22X1RP.
18 https://www.washingtonpost.com/world/the_americas/mexico-tamaulipas-police-migrant-
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in their country of origin, after they had unsuccessfully attempted to relocate in Guatemala and
their persecutors found them. The family—which included a parent and two children—came to
the United States and were placed in MPP and forced to live in Mexico while awaiting their
removal proceedings. Conditions in Mexico became so unsafe that the children crossed the
border without their mother to seek safety in the United States, but were then expelled to
Guatemala. The parent, who remained in Mexico when the children went on to the United
States, returned to Guatemala after learning of the children’s expulsion, although the parent felt
terrified to return.
15.
Mexican children and families risk return to the same dangers they fled, typically
violence at the hands of drug cartels. Central American families expelled to Mexico face the
additional risk of being targeted because of their status as migrants.19 In one family’s case, the
family was returning to one of the encampments along the U.S.-Mexico border where migrants
are living while awaiting removal proceedings in the United States. The mother was targeted by
kidnappers and escaped, but her child was injured in the process. Another family faced threats
by criminal gangs who were attempting to steal children in an encampment in Matamoros,
Mexico.20 We are also aware of three families whose children suffered sexual abuse while living
killing/2021/02/03/32c22274-65c7-11eb-8468-21bc48f07fe5_story.html.
19 According to Human Rights First, as of May 13, 2020 there were over 1,114 reported cases of
“murder, rape, torture, kidnapping, and other violence assaults against asylum seekers and
migrants” at the U.S. Mexico border, available at:
https://www.humanrightsfirst.org/campaign/remain-mexico; More People Kidnapped, Abused on
Migration Route in Southern Mexico, Doctors Without Borders (Oct. 30, 2019), available at
https://www.msf.org/increase-kidnappings-and-violence-against-migrants-southern-border-
mexico.
20 Brief of Young Center for Immigratn Children’s Rights, Kids in Need of Defense, et al., Wolf
v. Innovation Law Lab, No. 19-1212 (Jan. 22, 2021) at 19-20, 31-21,
http://www.supremecourt.gov/DocketPDF/19/19-1212/167044/20210122180800456_19-
1212%20Amici%20Curiae.pdf.
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in a migrant shelter in Ciudad Juarez, Mexico.
16.
Mexico ranks in the top 20 countries with the highest global homicide rates, and
border towns in Mexico—where many children and families are expelled to—have some of the
highest rates of homicide, kidnapping, and femicide in the country. In 2016 the average homicide
rate per capita in 35 Mexican border municipalities was over four times the rate in the
corresponding U.S. border counties.21
17.
In addition, the U.S. government currently expels many families from Guatemala,
Honduras, and El Salvador to Mexico. Such families often face grave threats at the U.S.-Mexico
border. In the Mexican border state of Tamaulipas, children face high rates of kidnappings and
murder. From 2006 to 2014 at least 2,000 children were murdered or mutilated, and in the first
five months of 2020, 265 children were reported missing.22 Children in Mexico’s border regions
are particularly vulnerable to human trafficking, sexual exploitation, and forced labor, in many
cases at the hands of organized criminal groups. Over the past five years, rates of femicide, or
gender-motivated killing of women and girls have increased 137 percent and in many cases these
murders are accompanied by torture, mutilation, and sexual violence. The border states of
Sonora, Nuevo León, and Chihuahua had the highest femicide rates in the country, almost twice
the rate of Mexico City. Femicide rates in the border city of Ciudad Juarez have been on the rise
since 2019, and historical data show that young women are disproportionately targeted, with half
21 Here’s What Violence Along the U.S.-Mexico Border Really Looks Like, Igarape Institute (Jul
3, 2017), available at: https://igarape.org.br/en/heres-what-violence-along-the-u-s-mexico-
border-really-looks-like/.
22 Relatoría sobre los Derechos de la Niñez culmina su visita a México (Rapporteur on children’s
rights completes visit to Mexico), Organization of American States (Oct. 20, 2014), available at:
http://www.oas.org/es/cidh/prensa/comunicados/2014/125.asp;
https://www.hrw.org/news/2020/06/02/dhs-oig-formal-complaint-regarding-remain-mexico.
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of victims under the age of 19.23
18.
Ninety-nine percent of crimes committed against migrants in Mexico end in
impunity.24 The vast majority of gender-based crimes in Mexico also go unpunished due to
widespread underreporting, corruption, and the failure of government institutions to effectively
investigate and prosecute crimes. As many as 99 percent of femicides result in impunity.25
Migrant women and children who are victims of gender-based violence in Mexico face even
greater barriers to accessing protection and justice, including fear of discrimination or
deportation if they report violence.
19.
KIND has also worked with families subjected to Title 42 expulsion, including a
family that repeatedly expressed a strong fear of return to their Central American country of
origin while caring for a child recovering from a serious medical condition. After being
apprehended by CBP in July 2020, the family was held for several days in hotels near the border,
under guard and allowed only brief, non-private telephone calls with their U.S. citizen family
member; the child’s medication was taken and not replaced, and a promised visit from a doctor
23 Femicide in Juárez is Not a Myth, Texas Observer (Sept. 28, 2015), available at:
https://www.texasobserver.org/femicide-in-juarez-is-not-a-myth/. In July 2020 there were 161
homicides in Juarez, which was only the third-highest month this year; 15 of the victims were
female, including a two-year-old child. Luz del Carmen Sosa, Cobra julio 161 víctimas de
homicidio (In July, 161 victims of homicide), El Diario (Aug. 1, 2020), at
https://diario.mx/juarez/cobra-julio-161-victimas-de-homicidio-20200801-1691599.html.
24 Access to Justice for Migrants in Mexico: a Right that Exists Only on the Books, Washington
Office on Latin America, Fundar, Fundacion Para la Justicia, Hermandos del Camino, Red
Migrantes Sonora, La 72, Casa del Migrante Saltillo (Jul. 2017), available at:
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi2ot-
onNPuAhU9CjQIHQwBD-
MQFjABegQIBBAC&url=https%3A%2F%2Fwww.wola.org%2Fwp-
content%2Fuploads%2F2017%2F07%2FAccess-to-Justice-for-Migrants_July-
2017.pdf&usg=AOvVaw1xJPmgWElEm8dNetnhVxxY.
25 Despite the Coronavirus Mexican Women are Fighting Femicide, Foreign Policy (May 20,
2020), available at: https://foreignpolicy.com/2020/05/20/coronavirus-mexico-women-fighting-
femicide/.
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never materialized. They were then expelled on a flight to their country of origin.
I declare under penalty of perjury under the laws of the United States of America and
California that the foregoing is true and correct. Executed on: February 5, 2021, in Berkeley,
California, United States.
Signature:
/s/ Lisa Frydman
Lisa Frydman
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NANCY GIMENA HUISHA-HUISHA, et al.
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of
Homeland Security, in his official capacity, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. 20-cv-00100-EGS
DECLARATION OF TAYLOR LEVY IN SUPPORT OF PLAINTIFF’S MOTION FOR
CLASSWIDE PRELIMINARY INJUNCTION
I, Taylor Levy, hereby declare:
1. I am an attorney admitted to practice in Texas. I became licensed in 2019. I am in good
standing with the State Bar of Texas (State Bar No. 24113588). I specialize in
immigration law, and run a private law firm called Taylor Levy Law through which I
provide primarily pro bono legal services to individuals along the U.S.-Mexico border.
2. Since 2009, I have worked as an attorney and advocate in various capacities for
noncitizens at or near the border. Among other roles, I have worked as Legal Coordinator
for Annunciation House in El Paso, Texas, where I coordinated volunteers who represent
and advocate for immigrants in the El Paso area. Before I became licensed as an attorney,
I worked for five years as a Department of Justice Accredited Representative representing
individuals in immigration court in the El Paso, Texas area.
3. Beginning in March 2020 I began going to the Mexican side of the Paso del Norte Port of
Entry in Ciudad Juarez, Mexico to provide free legal advice to migrants presenting for
their (cancelled) Migrant Protection Protocols (“MPP”) hearings. From March 2020
through August 2020, I went to the Paso del Norte Port of Entry almost every weekday
from approximately 4 am to 10 am and provided free legal advice and free consultations.
From March 2020 through November 2020, I also frequently visited migrant shelters to
give free legal advice and consultations to families who had been expelled under Title 42.
In addition to my work in Juarez, I serve as a free mentor to immigration attorneys from
across the country. Since March 2020, I have consulted on numerous cases involving
asylum-seeking families expelled across the southern border.
4. Since the Title 42 Process went into effect in March, I have worked with dozens of
families subjected to expulsion under Title 42. Many of these families include very
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young children, some of whom are infants or toddlers. Most of the families I have
worked with come from El Salvador, Guatemala, Honduras, and Venezuela.
5. Between March and August 2020, I personally observed hundreds of Title 42 expulsions,
which included a number of families with parents and their children. The children who I
observed being expelled ranged from infants held in their mothers’ arms who were too
young to walk, to four-year-old toddlers, to teenagers. Many of the children I saw being
expelled were in wet and muddy clothes. They told me that they were hungry and thirsty.
6. When I observed people who I thought had been expelled, I would approach them and try
to explain that I was an immigration lawyer and there to help if they needed help. They
were often too scared to speak with me, as they did not know who I was or if I was going
to hurt them or trick them. However, during this period I spoke with dozens of people
who were expelled, including many families with minor children, both at the bridge and
in migrant shelters.
7. The families I have worked with were frequently fleeing grave persecution and threats in
their countries of origin. I would ask families if they had asked US border agents for
asylum prior to their expulsions. Many said they had asked for asylum but that US
immigration agents had told them that asylum had been cancelled and that it was
impossible to ask for asylum. Many would break down crying, sobbing, shaking, saying
they had nowhere to go in Mexico, they did not know where they were, and that they
could not return to their home countries. They would often tell me that they had told
immigration agents details about the violence and persecution they were fleeing in their
home countries and were ignored. The most common refrain from people was, “what am
I supposed to do, where am I supposed to go.”
8. People were scared of being in Juarez because they did not know how to navigate the
area or where they could go to stay safe, and they were scared they would be kidnapped.
They were too scared and uninformed to know who was there to help them and who was
there to hurt them, so there was no way for them to learn about the (few) resources that
exist in Juarez for migrants, like migrant shelters. Some expelled migrants told me that
they attempted to turn themselves in to Mexican immigration officials, but the officials
told the migrants that they could not help because of the pandemic. Some even asked
Mexican officials to deport them back to their home countries because they felt safer
hiding there than trying to survive on the streets of Juarez, but that Mexican officials
declined because there were no deportations happening due to the pandemic.
9. On one occasion I spoke with a family from Central America. The family consisted of a
mom and her school-aged son who were originally too scared to talk to me. After they
had been at the bridge for several hours, observing me speak with other migrants, they
finally trusted me enough to talk to me. They told me that they had been expelled after
being apprehended at a Border Patrol checkpoint, trying to leave El Paso. The mother
was despondent and told me she told the agents she wanted to seek asylum. She said they
told her that no asylum was available. She did not know what she was going to do and
did not know where to go in Juarez and was scared they would be harmed in Juarez. This
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family was emblematic of many other families I observed and spoke with, who similarly
were fleeing persecution and were told by U.S. officials that asylum was no longer
available.
10. On another occasion I saw a mom with a little boy who was 4 or 5 years old. I saw them
at 4 am, right when I got to the bridge. I knew she was a migrant because of the hour and
because she had a small child with her. She was an asylum seeker from Honduras who
was too traumatized to tell me why she was fleeing, she just kept saying “asylum,
asylum,” when I asked. The mom was very upset because when she was picked up,
Border Patrol had taken her passport and her son’s birth certificate. When she was
expelled, Border Patrol had not returned these documents to her. Like other people who
were expelled under Title 42, she had been taken to the middle of the bridge by Border
Patrol and told to walk south. She told me that once she understood she was being
expelled, she asked the officers repeatedly to return her documents to her. Now that she
was in Juarez without these documents, she was terrified that someone would take her
child from her since, without her son’s birth certificate, she could not prove that her son
was her son. I immediately took her back to the middle of the bridge and asked the
officers for her documents. The officers I spoke with initially denied that Border Patrol
agents had taken her documents, saying Border Patrol did not do that. I then called
Border Patrol Station 1 and begged them to listen to me. After several phone calls and
being bounced around to different officers, I was finally told that Border Patrol agents did
have her documents and would return them. Approximately one hour later, a Border
Patrol officer came to the middle of the bridge where we were waiting and returned her
passport and her son’s birth certificate to her. I feel confident that she would not have
been able to recover her documents without my advocacy.
11. I have also consulted on numerous cases involving kidnapped Central American asylum-
seeking families. In many of these cases, the families were kidnapped immediately upon
being expelled from the United States. Because the families are not Mexican, and lack
connections and resources in that country, they are frequently preyed upon and
victimized by gang members, the cartels, or others seeking to take advantage of their
vulnerable circumstances. The families are easily-recognizable in Mexico because of the
locations where they are returned, their clothing, and their accents.
I declare under the penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed in Hallandale Beach, Florida.
Dated: February 5, 2021
/s/ Taylor Levy
TAYLOR LEVY
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SUPPLEMENTAL DECLARATION OF TAYLOR LEVY
I, Taylor Levy, hereby declare, pursuant to 28 U.S.C. § 1746:
SUMMARY
1. Having worked with border communities for over ten years, including having represented
over 1,200 migrants impacted by the Title 42 policy, I am deeply familiar with the
humanitarian crisis fueled by the policy and the policy’s disconnect from COVID-19
concerns.
2. CBP expulsions of migrants occur in predictable locations at predictable times in areas
where kidnappers and organized crime are rampant. As a result, many migrants are
kidnapped immediately upon CBP releasing them into Mexico from a U.S. port of entry.
3. The risks to migrants are particularly acute when CBP engages in so-called lateral
expulsions, in which migrants are apprehended at one part of the border (often the Rio
Grande Valley in Texas), detained for as long as seven days, transported by plane or bus
to another part of the U.S. border (as far away as San Diego, California), and then
expelled into a completely different part of Mexico. Such expulsions make asylum-
seekers even bigger targets for organized crime because the migrants (1) are easily
identifiable outside the ports of entry, (2) are unfamiliar with their new surroundings, (3)
have no shelter or other resources in the area, and (4) they likely have no more money to
pay extortion (“protection fees”) to another local gang or cartel (after already being
extorted at their previous location).
4. My clients in Mexico suffer abuse from every possible source. For instance, one El
Salvadoran woman had been expelled by the United States, then kidnapped, raped, and
dumped in the desert, before the Mexican police told her that “migrants like to be raped”
when she tried to report it; she then discovered that she was pregnant from the rape and
suffered a forced abortion while seeking prenatal care at a public hospital. Overall,
approximately 40% of the clients I worked with in Nuevo Laredo, Mexico report either
an actual or attempted kidnapping (or both).
5. The horrific conditions that migrants endure in Mexico, combined with the federal
government’s decision to exempt children but not their parents from Title 42, have also
forced parents to make gut-wrenching decisions to send their children across the border
alone, unsure whether they will ever reunite.
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6. Many of my clients were also actively harmed by CBP during their expulsions. Mothers
who recently gave birth were expelled—while still bleeding profusely—with their U.S.-
citizen newborns. Others had their critical medications seized and disposed of.
7. Through my work, I have become familiar with border processing, as well as shelter
operations on both sides of the border. In my experience, Customs and Border Protection
(CBP) has demonstrated that it can process families quickly, and shelter operators have
taken extensive measures to prevent COVID-19 transmission among migrants, including
testing and quarantine.
8. I have helped facilitate COVID-19 testing for 858 clients, and only 22 people (2.56%)
tested positive.
QUALIFICATIONS
9. I am an attorney admitted to practice in Texas. I became licensed in 2019. I am in good
standing with the State Bar of Texas (State Bar No. 24113588). I specialize in
immigration law, and run a private law firm called Taylor Levy Law through which I
provide primarily pro bono legal services to individuals along the U.S.-Mexico border.
10. Since 2009, I have worked as an attorney and advocate in various capacities for
noncitizens at or near the southern border. Among other roles, I have worked as Legal
Coordinator for Annunciation House in El Paso, Texas. Prior to my attorney licensure, I
worked for five years as an accredited representative for the U.S. Department of Justice
representing individuals in immigration court in the El Paso, Texas area.
11. Beginning in March 2020 I began going to the Mexican side of the Paso del Norte Port of
Entry in Ciudad Juarez, Mexico to provide free legal advice to migrants presenting for
their (canceled) Migrant Protection Protocols (“MPP”) hearings. From March 2020
through August 2020, I went to the Paso del Norte Port of Entry almost every weekday
from approximately 4 am to 10 am and provided free legal advice and free consultations.
From March 2020 through November 2020, I also frequently visited migrant shelters to
give free legal advice and consultations to families who had been expelled under Title 42.
In addition to my work in Juarez, I served as a free mentor to immigration attorneys from
across the country. Since March 2020, I have consulted on numerous cases involving
asylum-seeking families expelled across the southern border.
12. Since May 2021, I shifted my focus from my work in the Ciudad Juarez region to Nuevo
Laredo (in partnership with the nonprofit organization VECINA) due to the alarming
rates of expulsions under Title 42, which has subjected individuals seeking asylum to
dangerous conditions in Nuevo Laredo, Mexico. I also work with some clients subjected
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to Title 42 in Reynosa and Piedras Negras. I also communicate extensively with other
immigration attorneys and humanitarian aid organizations providing services across the
Mexican border.
13. I have also represented and helped many people seek exemptions from the CDC’s Title
42 policy and be successfully processed at various ports of entry since April 2021. I have
also helped arrange COVID-19 tests for hundreds of migrants prior to their entry into the
United States since June 2021.
Migrant Families Are Trapped in Horrific Conditions in Mexico As They Await the End of
Title 42.
14. Migrant families are extremely vulnerable in Mexico because, among other things, they
are routinely (1) targeted for kidnapping, rape, trafficking, and extortion; (2) denied
medical care even for serious illnesses; (3) displaced, homeless, and often forced to sleep
on the street or in a plaza; (4) discriminated, harassed, and attacked based on race,
gender, and sexual orientation; (5) assaulted by a combination of police and private
actors; and (6) prevented from accessing basic services and legal protection due to
language barriers.
15. Since May 2021, I have represented 398 families, and 22% of them had been kidnapped
in Mexico. Twenty-one percent managed to escape from an attempted kidnapping.
Overall, 41% experienced an actual or attempted kidnapping or both.
16. One of my female clients from El Salvador, who had been expelled three times under
Title 42, was kidnapped by two men who put a wet rag over her mouth, causing her to
lose consciousness. When she awoke, she was alone, mostly naked, dumped in the desert,
and had been raped. She walked until she found a woman who gave her pants and some
money for a bus ride. My client went to the municipal police to report the rape, and the
police officers told her that they were not going to accept her complaint because she was
a migrant and “migrants liked to be raped.” She later realized that she was pregnant as a
result of the rape and went to the public hospital for prenatal care. At the hospital, a
doctor, without informing my client or obtaining her consent, forcibly induced an
abortion. As a Christian, my client does not believe in abortion and wanted to keep her
baby, who was innocent, despite being the product of rape.
17. That client’s trauma was severe but not unique. I also represented a Black Honduran
mother and her 7-year-old son—they were kidnapped in Reynosa, and the mother was
severely beaten and raped in front of her son. When she sought help, Mexican police
officers refused to help her and instead taunted her, asking her how much she would
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charge to give them a turn. Since this trauma, the 7-year-old became extremely depressed
and has frequently told his mother that he wants to die.
18. Another client told me that she was “lucky,” because even though the kidnappers gang-
raped her repeatedly, they always did it in a separate room so that her 8-year-old daughter
and 6-year-old son did not have to watch.
19. Kidnappers target migrants in hopes of extracting ransom from family and friends in the
U.S. Migrants, particularly Black migrants and other racial minorities, are readily
identified based on their appearance and their proximity to the border.
20. Many of the families I work with have serious medical conditions and they are unable to
access appropriate medical care in Mexico. They report going to the public hospitals to
seek emergency treatment (as officially required under Mexican law) only to be denied
care because of their status as migrants. My clients’ untreated medical conditions have
included cerebral palsy, seizures resulting from brain injuries suffered during beatings,
brain tumor, vaginal infection, skin rashes, hernias, fainting, heart problems, diabetes,
high blood pressure, asthma, anxiety, depression, suicidality, diarrhea, serious weight-
loss, bed-wetting, gallstones, kidney stones, pediatric liver disease, anemia, ovarian cysts,
spina bifada, hyperthyroidism, blood disease, autism, epilepsy, and scoliosis.
21. I represented a Honduran family whose one-year-old baby was denied emergency
medical attention when he stopped breathing. The baby has Down’s Syndrome and a
heart murmur. The family sought help at a public Mexican hospital and was told
explicitly that they were denied care because they were foreigners. This family has been
expelled to Mexico twice after trying to seek asylum in the United States.
22. I also represented a young Venezuelan man with spina bifada who was in a wheelchair,
whose immobility made him particularly vulnerable to kidnapping. He was unable to
receive necessary check-ups for his condition, and he ended up with an infection that
moved to his kidneys as a result.
23. Another client had experienced vaginal bleeding for 3 months and was told by a doctor at
the public hospital that she had over 20 uterine fibroids and was in severe need of
surgery. However, the hospital refused to perform the operation because she was a
migrant.
24. One of my clients was an 8-year-old girl with an enlarged heart that results in her turning
purple and struggling to breathe. When the family sought out medical treatment for her,
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doctors at public hospitals refused to serve them on numerous occasions, saying that
Mexicans were more deserving of their help.
25. Families also frequently report a severe fear of leaving the shelters to seek out medical
treatment because they are worried about being kidnapped, especially those families who
have already survived one kidnapping and worry that their families will be unable to
gather another ransom if requested.
26. My clients frequently report being harmed by Mexican law enforcement. Many families
report being robbed, bribed, kidnapped, beaten, and sexually assaulted by Mexican
police. Other migrants report Mexican immigration officials demanding $500 bribes in
exchange for their release; some expelled migrants report being handed over directly to
kidnappers by Mexican immigration officials immediately upon expulsion.
27. I represented a Black Honduran asylum-seeker who was six-months-pregnant and
suffered a miscarriage due to extreme distress caused by frequent police raids at her
apartment.
Title 42 Has Exacerbated the Dangers that Migrant Families Face in Mexico.
28. In addition to prolonging the time that people spend under dangerous conditions, Title 42
elevates the risks that migrants face in Mexico and inflicts additional trauma on asylum-
seekers.
29. CBP expulsions of migrants occur in predictable locations at predictable times in areas
where kidnappers and organized crime are rampant. As a result, many migrants are
kidnapped immediately upon CBP releasing them into Mexico from a U.S. port of entry.
30. The risks to migrants are particularly acute when CBP engages in so-called lateral
expulsions, in which migrants are apprehended at one part of the border (often the Rio
Grande Valley in Texas), detained for as long as seven days, transported by plane or bus
to another part of the U.S. border (as far away as San Diego, California), and then
expelled into a completely different part of Mexico.
31. Such expulsions make asylum-seekers even bigger targets for organized crime because
the migrants (1) are easily identifiable outside the ports of entry, (2) are unfamiliar with
their new surroundings, (3) have no shelter or other resources in the area, and (4) they
likely have no more money to pay extortion (“protection fees”) to another local gang or
cartel (after already being extorted at their previous location).
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32. At multiple ports of entry in Texas (Laredo, El Paso, Eagle Pass, and Hidalgo), CBP has
routinely expelled my clients, including newborns, into the waiting arms of kidnappers
biding their time next to the port. Migrants become immediate targets as soon as they are
marched over the boundary line into Mexico. Several of my clients have reported
kidnappings and attempted kidnappings by armed men in trucks and vans waiting near
the spots where Title 42 expulsions occur.
33. During those incidents, children are sometimes ripped from the arms of their mothers and
fathers and pulled into the kidnappers’ vehicles. Oftentimes migrant families run from
these kidnappers trying to escape, resulting in family separation where some members
escape while others are not so lucky. In some cases, the family members who survived
the attempted kidnapping never again hear from their missing family members.
34. Others have reported being kidnapped by supposed taxi drivers who park near the ports
and either kidnap the migrants directly or who refuse to take them to their destination and
instead hand them over to kidnappers.
35. I represented a father and his six-year-old son, who were kidnapped and almost
kidnapped a second time, each time immediately after being expelled from a U.S. port of
entry. The first time, they were immediately kidnapped after CBP expelled them into
Reynosa; the father was trafficked for labor. After they were released, the family tried to
seek asylum again—this time, CBP transported the family and expelled them into Nuevo
Laredo, where they narrowly escaped another kidnapping attempt.
36. Another client family, consisting of a mother and her seven-year-old son from El
Salvador, were expelled into Mexico on several occasions trying to seek asylum in the
United States. On their final attempt, they were kidnapped immediately upon expulsion to
Nuevo Laredo and held for eight days while their family gathered the money to pay their
ransom. The mother reported that her son did not eat anything during the entire
kidnapping and was deeply traumatized.
37. I also represented a Honduran mother, father, and their children, ages eight and one. The
mother was kidnapped and held for a month before finally being released after her family
in the United States paid a ransom. Later, the father was approached by the cartel in
Nuevo Laredo who demanded that he work for them. He refused, and they beat him so
badly that they broke his hip and told him that he was going to have to start working for
him once he healed. The family was so terrified that they hid in the migrant shelter rather
than try to seek medical care; as a result, the father can no longer walk unassisted.
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38. Another client was immediately kidnapped after being expelled from El Paso and was
repeatedly sexually assaulted by her captors.
39. I also worked with a young mother of three who attempted to cross at Reynosa, Mexico
but the family was apprehended and expelled more than a thousand of miles away into
Tijuana, Mexico. On their second attempt, they were deported to Nuevo Laredo, where
the family was kidnapped for five days and threatened with dismemberment for a ransom
of $20,000. The family is now traumatized from the event.
40. In another case, a mother and her two sons—including one who has severe autism and is
nonverbal—were kidnapped for three weeks after being expelled into Mexico. The family
had fled their home country after the children’s father was murdered.
41. Another mother and her 8-year old son seeking asylum were expelled and then kidnapped
for several days until her son fell ill and they were released “so her son would die
elsewhere.”
42. I also worked with a family of four that included a nine-month-pregnant mother, a father,
and two children ages four and nine. The family originally sought asylum in the Reynosa
area, only to be expelled. During their second attempt to seek safety, the family was
accosted by cartel members. The young children made it across the river (thereby
becoming unintentional unaccompanied minors), but the mother and father were
kidnapped, separated, and brutalized. Eventually, the mother was released when she went
into labor, and her baby was born with severe complications.
43. Title 42 has also resulted in more dangerous crossings. Prior to Title 42, I had rarely
witnessed or learned of families attempting to climb over the border wall, but now, this
has become a more common occurrence for desperate families subject Title 42
expulsions. I worked with a family who attempted to jump over the border wall and the
two children fell off; one broke their leg and the other was seriously injured.
44. I have also represented clients who suffered direct harm at the hands of the Border Patrol
during the expulsion process. For instance, expelled families frequently report having
their medications seized by the Border Patrol. For example, I recently represented a
Honduran mother with a chronic heart condition whose medication was taken away by
Border Patrol upon apprehension and never returned; this resulted in her having
extremely high blood pressure and swelling in her feet. I also represented a mother and
her two-year-old son, whose asthma medicine was seized.
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45. Since March 2021, I have represented five Central American mothers who were expelled
into the streets of Piedras Negras, Mexico, within 48-72 hours after giving birth to a U.S.
citizen baby in Eagle Pass, Texas. All of the mothers reported being expelled with limited
baby formula, diapers, and clothing. The mothers—including one who had a cesarean
section—all told me that they were in significant pain from given birth and unable to
access medical care in Mexico. One mother told me that the Border Patrol took away all
her belongings prior to expulsion—including her cell phone, money, clothing, and
sanitary napkins—such that she had bled through her only pair of underwear and pants.
All five mothers were expelled prior to obtaining birth certificates for their infants. Once
in Mexico, they were unable to obtain appropriate medical attention for their babies
because of their undocumented status.
Title 42 Has Caused Innumerable Families to Become Separated From Their Children.
46. Given the dangerous conditions in Mexico, the continued application of Title 42 to
migrant families has forced parents to make heart-wrenching decisions to send their
children to the United States alone, not knowing when (or if) they would ever see each
other again.
47. I have witnessed the desperation that has forced parents to send their children
unaccompanied to the border, because the Biden administration will accept only
unaccompanied minors and not families under Title 42. Parents believe that is their only
option. I have heard parents say, “no me queda de otra” (“I have no other option”).
48. For example, I worked with an indigenous mother with limited Spanish fluency who tried
to seek asylum with her eight-year-old daughter. Immediately upon expulsion, the family
was pursued by masked men with guns. The mother told her daughter to run, and the
child was able to narrowly escape while the mother was abducted. The daughter ended up
in the custody of the Office of Refugee Resettlement (“ORR”)—deeply traumatized—
and thinking for over a month that her mother had been killed.
49. Another one of my clients was the mother of a nine-year-old boy fleeing forced gang
recruitment in Honduras. After an attempted kidnapping in Mexico, the child’s mother
sent him alone to the U.S, where he was languishing in ORR custody with no viable
sponsor and about to be placed in long-term foster care.
50. I also represented a family that crossed the border twice in April 2021 seeking asylum.
After being expelled both times, the family decided to send their son across alone. The
remaining adult family members narrowly escaped an attempted kidnapping in Ciudad
Juarez. They were also accosted and robbed by Mexican police officers. The father also
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had uncontrolled diabetes and was unable to access proper medical care in Mexico. An
attorney for the child, who was in ORR custody, contacted me for assistance applying for
a humanitarian exemption from Title 42 for the adult family members, because the
child—who had been identified as a victim of human trafficking—was suffering severe
psychological trauma worrying about his family’s safety.
51. It is my professional opinion that the unaccompanied minor increase at the border is
directly linked to the Title 42 expulsions and the decision to only exempt children (but
not their parents and adult relatives) from expulsion.
52. Almost all of the parents I have worked with who sent their kids ahead alone as
unaccompanied minors did so only after first being expelled as a family unit.
53. I have worked with dozens of such families, including many who sent across young
children. Some families decided to only send their older children across the border alone,
keeping their younger children with them. After sending their kids across the border
unaccompanied, the parents then continue to try and enter the country, as single adults.
54. I have worked with clients who have attempted to cross into the United States as many as
nine times out of desperation, being expelled each time without an asylum hearing that
could have been provided the first time they sought entry, thereby avoiding multiple
contacts with CBP.
55. Instead of deterring families from coming into the United States, Title 42 forces families
to enter again and again, because there is no other way to seek protection or to reunite
with their children.
56. In many of these cases, unless the parent is allowed to enter the United States, the child
would be stuck in government foster care indefinitely, potentially for years. I frequently
field phone calls and emails from attorneys representing unaccompanied minors in ORR
custody who have been designated “Category 4”—meaning that there is no parent or
other sponsor able to take custody of the child in the United States.
DHS’s Selective Application of Title 42 Discriminates on the Basis of Nationality.
57. Although the Title 42 policy on its face applies to undocumented persons regardless of
country of origin, in reality, DHS engages in selective application of Title 42 that
discriminates on the basis of nationality.
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58. As the federal government has acknowledged, DHS generally does not expel nationalities
that the Mexican government refuses to accept. See Centers for Disease Control and
Prevention, Order Suspending the Right to Introduce Certain Persons from Countries
Where a Quarantinable Communicable Disease Exists (Aug. 2, 2021) (hereinafter “CDC
Order”) at 15, https://www.cdc.gov/coronavirus/2019-ncov/downloads/CDC-Order-
Suspending-Right-to-Introduce-_Final_8-2-21.pdf. Mexico in turn “will only accept the
return of Mexican and Northern Triangle nationals,” with “limited exceptions.” Id.
59. By adopting Mexico’s nationality preferences, DHS is distinguishing between migrants
under Title 42 for geopolitical reasons, rather than on the basis of public health.
60. As a result of DHS’s selective enforcement, Mexican, Guatemalan, Honduran, and
Salvadoran migrants are much more likely to be expelled into Mexico compared to other
nationalities, even though they may present the exact same COVID-19 risk. See CBP,
Southwest Land Border Encounters (last visited Aug. 10, 2021),
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters.
CBP Can Process More Families at Ports of Entry, Including at El Paso.
61. Rather than force families to cross dangerous terrain to seek asylum, CBP can and should
make orderly presentment at ports of entry a possibility for asylum-seeking families. I
have worked with many families who approached ports of entry for an opportunity to
prove their asylum claims before they were prevented from entering the port.
62. Although the government claims that every individual takes hours to process, based on
my experience, CBP is capable of processing people more quickly than that.
63. I am also familiar with families and individuals being processed for humanitarian
exemptions from the Title 42 policy via the so-called consortium process, which enables
certain NGOs to identify and refer vulnerable individuals to the federal government to
receive exemptions. Those individuals are able to be quickly processed without being
detained for hours in congregate settings.
64. Over the past several months, I have maintained a waiting list of hundreds of families
who were waiting for a humanitarian exemption from Title 42. Many of these families
have been waiting in Mexico for a chance to pursue their asylum claims in the United
States since before the onset of Title 42, due to various other Trump administration
policies undermining access to asylum. Some of those families have waited their turn for
1-2 years under dangerous conditions, hoping to follow the law and do everything the
“correct” way. Now that NGOs responsible for referring exemption requests to DHS are
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no longer accepting new cases because of a backlog, those families whose desperation
has reached a tipping point after years of suffering are now left with no options.
65. In the past, families were able to be processed much more quickly than the amount of
time that the government is currently contending. Prior to 2018, I seldom witnessed
noncitizens being immediately issued Notices to Appear (NTA), which formally
commence removal proceedings and create a process for asserting asylum claims. Now,
DHS has opted to issue NTAs immediately and asserts that the complexities of issuing an
NTA requires significant processing time (and the detention of the noncitizen while the
paperwork is being prepared). However, as past practice would indicate, DHS is not
required to issue NTAs immediately, particularly when doing so unnecessarily prolongs
detention and strains processing capacity. DHS and CBP could easily address their
capacity issue by merely returning to historical practices. In the past, noncitizens could be
quickly issued release documents and informed to check in with ICE at their ultimate
destination to receive their NTA.
66. Another practice that should be adopted to speed up the processing times and reduce time
in congregate settings is to utilize available space around the ports of entry. For example,
due to my extensive work in the El Paso area, I am extremely familiar with the port of
entry and its ability to utilize outdoor spaces for processing. I have witnessed the use of
mobile fingerprinting stations, trailers, and tents for the quick processing of migrants.
The El Paso port of entry and nearby Border Patrol facilities have ample outdoor spaces
and empty parking lots where mobile processing stations could be set up for faster and
COVID-safe processing. Notably, CBP has developed innovative ways to process
noncitizens, but unfortunately is employing these methods to undertake Title 42
expulsions, and not for regular asylum processing.
Testing, Quarantine, and Shelter Capacity
67. Through my extensive work at the border, I have personal experience with the non-
governmental organizations (NGOs) that assist noncitizen families in Juarez and El Paso
as well as Nuevo Laredo and Laredo.
68. My work with Annunciation House for a decade provided me with intimate knowledge in
the ways that these shelters and organizations can and are more than willing to
accommodate larger numbers of people entering the country.
69. The work of these organizations was happening prior to the pandemic, it continued
through the pandemic, and currently they are waiting to be able to take in more people. I
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have personally been responsible for setting up pop-up shelters in churches, community
centers, and hotels when expansions were needed.
70. Shelters and other NGOs on both sides of the border have worked to provide COVID-19
testing and implement steps designed to reduce the risk of COVID-19 transmission in
migrant shelters. For example, from March 2020 through November 2020, I observed
first-hand the various mitigation measures undertaken in the migrant shelter system in
Ciudad Juarez, Mexico. There were various “filter” shelters erected to house, quarantine,
and treat migrants who were COVID-19 positive and those who had not yet been tested.
The rest of the shelters severely restricted in-and-out privileges to reduce the risk of
contagion, and masks are generally required indoors. Hand sanitizer, bleach, and soap
were plentiful. Visitation was limited to those providing essential services (such as legal
aid) and occurred outdoors, masked, and with sufficient social distancing.
71. Similarly, I work closely with a network of migrant shelters in Nuevo Laredo and
Monterrey, Mexico. While I have not visited them in person, I have heard about their
COVID-19 protocols from both the pastor managing the shelters and the migrants
themselves. Migrants are instructed not to leave the shelters except for doctor’s
appointments or work; regardless, most rarely leave upon arrival because of the danger
faced by migrants in Nuevo Laredo. There are plentiful masks, hand sanitizer, and
cleaning supplies. The shelters are cleaned twice per day by the migrants. People who test
positive for COVID-19 or who have high temperatures are transferred to a special
quarantine shelter and isolated from the general population. A local lab comes to the
shelters to administer COVID-19 tests as needed.
72. In both Juarez and Nuevo Laredo, families who receive a humanitarian exemption from
Title 42 are able to access free or affordable COVID-19 tests before their appointments at
the ports of entry, to ensure that they are not carrying the virus into the United States.
73. As part of my representation of clients seeking humanitarian exemptions, I have tracked
their COVID-19 test results because those who test positive for COVID-19 were rejected
by CBP.
74. Overall, 2.56% of my clients (22 out of 858) tested positive for COVID-19 in Mexico
when they received a test prior to their appointments at the Laredo Port of Entry.
75. On the U.S.-side, shelters like Annunciation House that receive families released by CBP
have developed procedures for COVID-19 testing, quarantine, and isolation as well.
They provide rapid tests on-site and move positive families to quarantine locations.
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76. Vaccinations are also available in Texas on demand without an appointment.
77. Prior to, during, and after the pandemic, I have been and will be working with families to
ensure safe and humane processing into the United States while they await an asylum
decision. Based on years of direct experience, I know there are ways to process people
quickly and in a manner that is safe for both my clients, border communities, and
government personnel.
I declare under the penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct. Executed in El Cerrito, California.
Dated: August 10, 2021
/s/ Taylor Levy
TAYLOR LEVY
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1
DECLARATION OF JULIA NEUSNER
I, Julia Neusner, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am a Legal Fellow in the Refugee Protection Program at Human Rights First. I
make this declaration based on my personal knowledge and my interviews with
refugees and migrants who have entered or attempted to enter the United States along
the U.S.-Mexico border.
2. This declaration addresses three overarching issues. First, under Title 42 asylum
seekers are being expelled to Mexico where they are targeted by criminal
organizations for kidnappings, extortion, or other attacks. By expelling them, often at
night, the U.S. government is putting vulnerable people directly in harm’s way.
Second, DHS is conducting expulsions in a manner that increases the likelihood that
they will get sick, specifically by flying them from one part of the border to another
for expulsion without testing or basic COVID protocols (so-called “lateral flights”).
Third, asylum seekers blocked from seeking safety in the United States are living in
encampments in unsafe conditions, where they lack access to adequate health care
and become even more obvious targets for gangs and criminal elements.
My Research and Expertise
3. I have worked for Human Rights First since September 2020. Human Rights First is a
national non-profit, non-partisan organization that provides pro bono legal services to
asylum seekers and advocates for the United States government to uphold its human
rights obligations abroad and at home, including its duties to refugees and asylum
seekers under U.S. law and international treaties. I received a Juris Doctor from
Stanford Law School and a master’s degree in international policy from Stanford
University in June 2020.
4. During the past year I have led Human Rights First’s research on the effects of the
Title 42 expulsion policy, interviewing hundreds of asylum seekers returned to
Mexico or turned away at ports of entry. I conducted field research in migrant shelters
and tent encampments in Tijuana for three weeks in March and April 2021 and in
Ciudad Juárez for one week in June 2021. I also remotely interviewed hundreds of
asylum seekers located in Mexican cities including Piedras Negras, Monterrey,
Reynosa, Matamoros, Nuevo Laredo, and others. I have also interviewed numerous
individuals working with asylum seekers, including Mexican immigration officials,
migrant shelter staff, pastors and members of religious orders assisting asylum
seekers, non-profit legal and social service providers, and private immigration
attorneys. Based on these investigations, I co-authored four human rights reports.1
1 Human Rights First, “Humanitarian Disgrace: U.S. Continues to Illegally Block, Expel
Refugees to Danger,” (December 2020) available at
https://www.humanrightsfirst.org/resource/humanitarian-disgrace-us-continues-illegally-block-
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2
Asylum Seekers Expelled to Mexico Face a Perilous Security Situation
5. Asylum seekers sent by DHS to Mexico under Title 42 are exposed to violent attacks
and exploitation. During the time asylum seekers are forced to wait in Mexico for the
opportunity to request U.S. protection, they have been and are targeted based on
characteristics that mark them as foreign nationals in Mexico, including their accent
and/or primary language and physical appearance, as well as on account of race,
gender identity, and sexual orientation, among other characteristics.
6. Many asylum seekers and service providers told me that criminal organizations
specifically target migrants returned to Mexico by DHS for kidnappings, extortion,
and other attacks—often with the participation or complicity of Mexican police
and/or other Mexican security forces. DHS sometimes expels families in the middle
of the night without their shoelaces, a practice which clearly marks the families as
expelled migrants and makes them even more vulnerable to kidnapping by cartels.2
More than ten asylum seekers told me they were kidnapped after DHS expelled them
to unfamiliar cities far from where they’d entered the U.S. Some were kidnapped
within minutes of being expelled.
7. My colleagues at Human Rights First and I track publicly reported cases of violent
attacks against asylum seekers blocked or expelled to Mexico under Title 42. This
tally is based on direct interviews my colleagues and I conduct with asylum seekers
and/or their attorneys, incidents reported by other human rights groups and service
providers (including Al Otro Lado, Human Rights Watch, Amnesty International, and
Doctors Without Borders), as well as published media accounts.
8. As of June 17, 2021, Human Rights First has tracked 3,250 kidnappings and other
attacks, including rape, human trafficking, and violent armed assaults, against asylum
seekers and migrants expelled to Mexico or blocked from crossing the U.S.-Mexico
expel; Human Rights First, Al Otro Lado, and Haitian Bridge Alliance, “Failure to Protect:
Biden Administration Continues Illegal Trump Policy to Block and Expel Asylum Seekers to
Danger,” (April 2021) available at https://www.humanrightsfirst.org/resource/failure-protect-
biden-administration-continues-illegal-trump-policy-block-and-expel-asylum; Human Rights
First: “Update: Grave Dangers Continue for Asylum Seekers Blocked In, Expelled to Mexico by
Biden Administration,” (June 2021) available at
https://www.humanrightsfirst.org/resource/update-grave-dangers-continue-asylum-seekers-
blocked-expelled-mexico-biden-administration. Human Rights First and Hope Border Institute,
“Disorderly and Inhumane: Biden Administration Continues to Expel Asylum Seekers to Danger
While U.S. Border Communities Stand Ready to Welcome.” (July 2021) available at
https://www.humanrightsfirst.org/sites/default/files/DisorderlyandInhumane.pdf.
2 “Failure to Protect: Biden Administration Continues Illegal Trump Policy to Block and Expel
Asylum Seekers to Danger,” p. 28.
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3
border since January 2021.3 This tally includes incidents published in media,
interviews of asylum seekers by Human Rights First, information from attorneys and
humanitarian services providers at the border, as well as more than 2,700 reported
incidents of violent attacks against migrants and asylum seekers stranded in Mexico
that were received through an ongoing electronic survey conducted by the
organization Al Otro Lado and reviewed by Human Rights First.
9. For example, a Honduran woman I interviewed in a Juárez shelter told me that she
and her seven-year-old daughter were kidnapped immediately after DHS expelled
them to Juárez via a lateral expulsion flight from the Rio Grande Valley in April
2021. Mexican migration officials at the State Population Council (COESPO) of
Chihuahua had told the woman that shelters were full and that the family had to find
housing on their own. Immediately after mother and child left the COESPO office,
armed men kidnapped them and held them captive for two months in a house where
they were forced to sleep on the floor with dozens of other kidnapping victims and
deprived of sufficient food and clean drinking water, with nothing but potatoes and
eggs to eat. They managed to escape while being transported to another location. As
of June 2021, the family remained in danger in a Juárez migrant shelter, experiencing
nightmares and difficulty sleeping due to the trauma they suffered.4
10. I interviewed at least 20 asylum seekers who had requested U.S. protection after
having been kidnapped in Mexico who reported that DHS expelled them without
asking if they feared returning to Mexico. DHS expelled a Salvadoran woman and her
two children in June 2021 immediately after the family had escaped from kidnappers
who had forcibly held them for 10 days, extorted the woman’s sister for thousands of
dollars, and fired shots at the family as they ran away. The woman told me that U.S.
immigration officers mocked her as she begged them not to return the family to
Ciudad Juárez just hours after they crossed the border to ask for protection in the
United States. On their return, Mexican immigration officers took her cell phone. As
of June 2021, the woman’s sister was still receiving threatening messages from the
kidnappers and the family was terrified to leave the Juárez shelter where we spoke.5
11. Another Guatemalan family with two young children reported having been kidnapped
immediately after DHS expelled them to Nogales by armed men who demanded a
$15,000 ransom for their release. Border Patrol agents had transferred the family 17
hours by bus from where they had entered Texas to request asylum. When their
3 Human Rights First, “Human Rights First Tracker of Reported Attacks During the Biden
Administration Against Asylum Seekers and Migrants Who Are Stranded in and/or Expelled to
Mexico” (last updated 6/17/2021) available at
https://www.humanrightsfirst.org/sites/default/files/AttacksonAsylumSeekersStrandedinMexico
DuringBidenAdministration.6.17.21.pdf
4 Disorderly and Inhumane: Biden Administration Continues to Expel Asylum Seekers to Danger
While U.S. Border Communities Stand Ready to Welcome,” supra note 1 at 3.
5 Id. at 4.
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4
captors released them, they put them on a bus to Tijuana, where the traumatized
family was still waiting in fear when I interviewed them in April 2021.6
12. I interviewed many asylum seekers who were kidnapped or attacked in Mexico while
waiting for U.S. asylum processing to resume. A Honduran woman fleeing death
threats by a gang that murdered her partner was kidnapped in Mexico and trafficked
for sexual exploitation for three months before she managed to escape in April 2021
and reunite with her 12-year-old daughter, who had been staying with another family
member in Mexico. I spoke with the woman by phone while she was hiding in a
Tijuana shelter, traumatized, depressed, and terrified that her traffickers would find
her again. Though she has contacted multiple legal services organizations for help,
she and her daughter have been unable to access the Title 42 exemption process and
remain in danger in Mexico as of August 2021.
13. Several asylum seekers told me that Mexican police refused to investigate
kidnappings and attacks against them or were complicit in their perpetration. A
Honduran mother with three young boys recalled being kidnapped by Mexican police
in Reynosa at the end of March 2021. Police ordered her and other families onto a
bus, then sold the busload of people to a cartel, who held them captive until her
family paid ransom. Badly shaken, she and her children crossed the U.S. border to
seek asylum. DHS expelled them back to Mexico.7 Another Salvadoran mother told
me that Mexican police kidnapped, tortured, and robbed her 16-year-old son in
Piedras Negras in April 2021 while the family was waiting to request U.S. asylum.
14. Asylum seekers fleeing gender-based violence risk being discovered by their
persecutors in Mexico. I interviewed several women escaping abusive ex-partners
who had located them in Tijuana. In April 2021, I spoke with a Guatemalan
Indigenous woman who was raped in the street in Tijuana after DHS expelled her
there with her three young children in February 2021. The family had crossed the
border at Mexicali to seek asylum after fleeing abuse and threats by the woman’s ex-
partner. I also interviewed a Salvadoran mother and children who had entered the
United States seeking protection in March 2021 after the woman’s ex-partner had
tried to kill her. DHS expelled them to Tijuana, where the woman received
threatening WhatsApp messages from her abusive ex-partner, who knew which
shelter she was staying at and told her he had eyes on her in Tijuana.8
6 Julia Neusner, “Kidnapped, Raped, and Robbed: Dangerous Title 42 Expulsions to Mexico
Continue,” (May 2021) available at https://www.humanrightsfirst.org/blog/kidnapped-raped-
and-robbed-dangerous-title-42-expulsions-mexico-continue.
7 “Failure to Protect: Biden Administration Continues Illegal Trump Policy to Block and Expel
Asylum Seekers to Danger,” supra note 1.
8 “Kidnapped, Raped, and Robbed: Dangerous Title 42 Expulsions to Mexico Continue,” supra
note 6.
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5
15. Mexican asylum seekers are particularly vulnerable, trapped in the very country they
are trying to flee. Multiple Mexican asylum seekers have reported that they were
fleeing the country after brutal murders of their family members. A Mexican
grandmother fled to the border with her nine young grandchildren and their mothers
after gang members had murdered the woman’s two sons on the doorstep of the
family home and threatened the rest of the family. They had also shot her two-year-
old granddaughter, who had been standing outside with her father. The bullet passed
through the child’s body and out her arm. Another Mexican grandmother told me a
cartel had killed her husband, daughter, and son. They took over her house, forcing
her to flee with her two grandchildren before they had time to gather anything for the
trip. When I met the families in a Tijuana shelter in April 2021, they had been waiting
for more than a month for asylum processing to resume, terrified their persecutors
would find them there.9 In a shelter in Ciudad Juárez, I interviewed a grandmother
from Michoacán fleeing with her surviving family members who had hid in her home
helpless as masked men abducted her husband and adult son, who were found the
next day shot to death. Several family members fleeing with her reported that they
continue to receive death threats, but as of late June 2021, the family could not seek
asylum in the United States due to Title 42.10
DHS Endangers Migrants By Moving Them from One Border Location to Another for
Expulsion
16. At various points in 2021, DHS has transferred migrants via plane from one sector of
the border to another, and then expelled them at the second location, in a program
known as “lateral transfers.” In April 2021, I interviewed more than 50 families with
young children in a shelter who had been expelled to Tijuana via lateral transfer
flights after having entered the United States in the Rio Grande Valley or other parts
of the border.11 The families recalled nearly identical experiences in DHS custody.
They recalled being detained with their children for days in extremely cold, crowded
holding cells after border patrol agents seized all but one layer of their clothing. Many
had to sleep on the floor. All reported that DHS did not separate sick detainees from
the group, provided minimal or no medical care, and failed to test anyone for
COVID-19. The families were transferred in packed vans to the airport, then flown
1,500 miles to San Diego, where they were again packed into vans and expelled to
Tijuana. Some told me that other families they’d met in the holding cells were
released into the United States.
9 “Kidnapped, Raped, and Robbed: Dangerous Title 42 Expulsions to Mexico Continue.”
10 Disorderly and Inhumane: Biden Administration Continues to Expel Asylum Seekers to
Danger While U.S. Border Communities Stand Ready to Welcome,” supra note 1 at 4.
11 See Kate Morrisey, “Biden expelling asylum-seeking families with young children to Tijuana
after flights from Texas” San Diego Tribune (April 2021) available at
https://www.sandiegouniontribune.com/news/immigration/story/2021-04-09/biden-expelling-
families-tijuana
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6
17. All families transferred from the Rio Grande Valley reported that DHS seized all their
belongings, including clothing, medication, and food for their children, and did not
return their belongings when they were expelled. Most reported receiving little or no
food in DHS custody. I watched Mexican government vans deliver a group of about
forty migrants to the shelter who had been transferred by flight from the Rio Grande
Valley earlier that day. They exited the van with no belongings except a clear plastic
bag containing their cell phones and documents. Their shoelaces had all been
removed. The pastor running the shelter told me that the Mexican government had
been delivering 50 to 100 asylum seekers expelled this way each day for weeks, and
that many were arriving at the shelter weak and without having eaten for several
days.12
18. A Honduran woman told me DHS expelled her while she was visibly limping due to
an injured ankle along with her seven-year-old daughter to Ciudad Juárez via a lateral
expulsion flight in April 2021, refusing to provide even ice to address the swelling.13 I
also spoke to a Honduran grandmother with blindness who told me that in July 2021,
DHS expelled her alone to Reynosa after separating her from her daughter and
grandchildren, with whom she had entered the U.S. to ask for asylum protection after
the family fled death threats by gangs in Honduras and was kidnapped for 15 days in
Mexico. A pastor had to find another asylum seeker to take care of the grandmother,
who requires 24-hour assistance due to her blindness.
Asylum Seekers Expelled to Mexico Are Living In Places Without Access to Adequate
Health Care, and Where Criminal Elements Can Easily Prey on Them
19. Asylum seekers blocked from the U.S. border or expelled to Mexican border cities
lack access to secure housing. In August 2021 I have spoken with asylum seekers and
service providers who reported that shelter capacity is lacking in the Mexican cities of
Tijuana, Ciudad Juárez, Piedras Negras, and Reynosa; and that many are forced to
sleep in the streets or in other precarious conditions. Large tent encampments have
emerged in Tijuana and Reynosa. I spoke with many asylum seekers with medical
issues who endure challenging living conditions and lack access to the medical care
they need. Without money, resources, or employment opportunities, many asylum
seekers who have been expelled to Mexico do not have enough to eat.
12 “’They Lied to Us’: Biden Administration Continues to Expel, Mistreat Families Seeking
Asylum.” Human Rights First (May 2021) available at
https://www.humanrightsfirst.org/blog/they-lied-us-biden-administration-continues-expel-
mistreat-families-seeking-asylum
13 Disorderly and Inhumane: Biden Administration Continues to Expel Asylum Seekers to
Danger While U.S. Border Communities Stand Ready to Welcome,” supra note 1.
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7
20. In Tijuana, more than 2,00014 asylum seekers blocked from crossing the border or
returned to Mexico by DHS under Title 42, including large numbers of children, are
sheltering in a makeshift tent encampment immediately adjacent to the San Ysidro
port of entry, which renders them an obvious and easy target for rape, kidnapping,
human trafficking, robbery, assault, and extortion. The Mexican government does not
provide regular police or private security to guard the camp. When I visited the camp
in April 2021, there were no police officers in sight. A Honduran asylum seeker who
was staying in the camp told me that in April 2021, Mexican men he believed to be
gang members had approached him in the camp and asked him to transport drugs and
threatened him with death if he refused.
21. Multiple asylum seekers staying in the camp told me that people they believed to be
gang members had forcibly removed at least eight Central American men from their
tents and forced them into cars. As of May 2021, the men who were taken had not
returned to the camp.15 Some Mexican asylum seekers refused to leave their
tents, frightened at the prospect that they might be seen by gang members patrolling
the area. One father had been beaten nearly to death by gang members that were
trying to recruit his sons in Michoacán. He told me, “the same gang that was after us
back home operates here.” He and his sons were so afraid to go outside that they went
to the bathroom in buckets inside their tent. A trans woman from Chiapas, Mexico
crossed the border to seek U.S. asylum after she suffered abuse for her gender
identity. U.S. immigration officers expelled her to Tijuana, and as of April 2021 she
remained in the tent encampment, constantly afraid for her safety.16
22. More recently, I interviewed a Mexican woman by phone who, after being threatened
with death in Michaocán, asked for U.S. asylum with her family at the San Ysidro
port of entry in July 2021. After DHS turned the family away, they tried to sleep in
the tent encampment near the port of entry. A man in the encampment charged her
money to stay there, then a group of men assaulted the woman’s teenage daughter.
23. Another family from Michoacán had a similar experience in June 2021. After gang
members tried to kill them, they asked for asylum at the San Ysidro port of entry and
were turned away. A man in the tent encampment who had offered to help the family
assaulted the mother. I also spoke to a Salvadoran man who was robbed of all his
belongings in the Tijuana tent encampment in July 2021 after he had attempted to ask
for asylum at the San Ysidro port of entry and DHS officers turned him away.
Though both families from Michoacán and the Salvadoran man have contacted
advocacy organizations for help, they have been unable to access exemption
processes and all remain in danger in Mexico as of August 2021.
14 “Failure to Protect: Biden Administration Continues Illegal Trump Policy to Block and Expel
Asylum Seekers to Danger” supra note 1.
15 Id.
16 “Kidnapped, Raped, and Robbed: Dangerous Title 42 Expulsions to Mexico Continue,” supra
note 6.
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8
24. In Reynosa, approximately 3000 migrants and asylum seekers are staying in a tent
encampment in Plaza las Américas, the city’s center plaza, where they endure
horrendous living conditions and are vulnerable to violent crime.17 I interviewed more
than 15 asylum seekers by phone in July and August 2021 who are currently staying
in the Reynosa encampment, sleeping on the ground in tents or out in the open. All
reported horrible living conditions in the encampment, including dirty, fly-infested
toilets, excruciating heat, and destructive storms. An Afro-Honduran woman told me
she developed a fungus on her feet after walking barefoot in the toilet area. Many
reported that their children became sick with nausea and flu symptoms in the
encampment. Several asylum seekers told me they or their children lost significant
amounts of weight because they did not have enough to eat.
25. Asylum seekers living with health conditions in the Reynosa encampment are unable
to obtain the care they need. I spoke to a Honduran woman who, after fleeing death
threats by gang members who killed her brother, is now staying with her 12-year-old
daughter in the Reynosa tent encampment. The mother, who has kidney disease, is
experiencing severe abdominal pain, headaches, and back pain from sleeping on the
ground. Her daughter is so depressed that she’s stopped speaking and her hair is
falling out. They have been unable to obtain healthcare. Though they have contacted
advocates for help, as of August 2021 they remain in danger in Reynosa.
26. Another Honduran woman and her 9-year-old daughter were robbed of all their
money and valuables in Reynosa immediately after the U.S. government expelled
them there in July 2021. After sleeping on the ground in a tent for weeks, cysts in the
woman’s breasts became inflamed and painful. Her daughter became ill with stomach
pain so severe she could not sit up.
27. I interviewed another Honduran woman who was kidnapped with her 9-year-old son
and held captive in horrendous conditions for 10 days before the woman’s sister
managed to pay ransom. Unable to ask for U.S. protection at the port of entry due to
Title 42, the traumatized family went to the Reynosa tent encampment, where they
slept on the ground for months. The child became weak, tired, and malnourished. The
mother, who had been diagnosed with an ovarian cyst, was in severe pain, but as of
July 2021, neither could access medical care in Reynosa.
28. I interviewed many asylum seekers facing threats to their personal security in the tent
encampment. At least one asylum seeker has been kidnapped directly from the
encampment.18 In July 2021 a Honduran woman told me she was terrified to leave her
17 Sandra Sanchez, “Mexican officials order migrant shelter in Reynosa to evacuate or face
bulldozing,” Border Report (July 2021) available at https://www.borderreport.com/hot-
topics/immigration/mexican-officials-order-migrant-shelter-in-reynosa-to-evacuate-or-face-
bulldozing/
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9
tent because of a man in the camp who was harassing her and had repeatedly
threatened to assault her. Another Honduran woman told me that in July 2021, a
group of men had repeatedly recorded photos and videos of her teenage daughters,
who were terrified to leave their tents for fear of being kidnapped. Another Honduran
woman fleeing domestic abuse with her 8-year-old son told me she was robbed of all
her belongings in Mexico before asking for U.S. protection. DHS expelled her to
Reynosa where, desperate to avoid the tent encampment, she accepted an offer to
work and live with a local family. Her employer repeatedly abused her in August
2021, forcing her to stay in the encampment, where she and her son remain in danger.
I declare under penalty of perjury under the laws of the United States and New York that the
foregoing is true and correct.
Executed on: August 10, 2021, in Brooklyn, New York, United States.
Signature:
Julia Neusner
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AFFIDAVIT OF JENNIFER K. HARBURY
RE: IMPACT OF TITLE 42 ON ASYLUM SEEKERS IN REYNOSA, MEXICO
AUGUST 9, 2021
I, Jennifer K. Harbury, declare under penalty of perjury pursuant to 28 U.S.C. §1746, that
the following is true and correct to the best of my knowledge:
1. I am submitting this declaration to provide information about the severe harm that Title
42 is inflicting on the migrant families currently being expelled to Reynosa, Mexico. This
is a city in Tamaulipas, the most dangerous Mexican state along our southern border,
where powerful gangs and cartels target and brutalize migrants on a daily basis. These
criminal networks operate with impunity because local police and officials are unable and
often unwilling to protect migrants. I have met with and interviewed hundreds of migrant
families who, because of Title 42, have suffered one or even multiple acts of kidnapping,
extortion, rape, and/or assault. There have been many deaths as well.
2. I graduated from the Harvard School of Law in June, 1978 and received my Texas law
license shortly thereafter. I practiced law there until 2018, when I went into inactive
status. Most of my practice focused on civil rights issues here in the Texas-Mexico
border area of the lower Rio Grande Valley. I have also spent substantial time periods
monitoring and assisting human rights in Guatemala and am very familiar with the
realities on the ground in Central America.
3. I am a founding member of the Angry Tias and Abuelas, (“Angry Tias”), an organization
based here at the border, and dedicated to the preservation and promotion of human rights
and human dignity for migrants on both sides of the Rio Grande. Our organization is
made up of volunteers who provide humanitarian assistance to migrants, including basic
necessities, transportation, shelter and other support. We assist thousands of migrants
every year. In addition to meeting their physical needs, the Angry Tias collaborate with
local NGOs, provide funds for legal counsel, and highlight the plight that asylum seekers
face in media and policy circles.
4. In 2017 I began to do extensive volunteer work in Reynosa, Mexico with the asylum
seeker community there. In late 2018 I retired from my public interest legal career and
began to do full time volunteer work there, as well as on the Texas side of the border.
This work has included interviews of thousands of migrant families over the years.
Although the United States government began sending migrant families back to Reynosa
under Title 42 in spring 2020, this practice greatly expanded earlier this year. That is
when I began to interview as many families as possible. I would estimate that I have
personally interviewed several hundred families this year alone.
5. This declaration is based on my direct experience and work with migrant families since
the United States government began sending them back to Reynosa under Title 42. I have
provided support to well over 300 families subject to Title 42 this year alone. This has
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included assisting them in obtaining needed exemptions to lawfully cross the border on
humanitarian grounds.
Dangers for Expelled Migrant Families
6. Reynosa, Mexico is one of the most dangerous areas anywhere in the world. Reynosa is
in Tamaulipas state, which is categorized as a Category Four “Do Not Travel” security
risk by the U.S. Department of State due to danger stemming from crime and
kidnapping.1 This is equal to the ranking of areas like Afghanistan and Iraq. U.S. officers
are warned not to enter this region. This extraordinary danger results from the total
control of the area by violent gangs and cartels. As the State Department notes: “Heavily
armed members of criminal groups often patrol areas of the state and operate with
impunity particularly along the border region from Reynosa to Nuevo Laredo. In these
areas, local law enforcement has limited capacity to respond to incidents of crime.”2
7. Migrant families are a favorite target for kidnapping and trafficking throughout
Tamaulipas, and especially in Reynosa. This is because it is well known that there will be
no consequences for such crimes. Local officials and police are unable and often
unwilling to protect the migrants. It is also widely understood that, although the migrants
themselves are penniless, they have relatives in the north who will do anything to save
them. Even impoverished friends and family members will take on heavy debts to rescue
their loved ones. Thus, gang and cartel members have great incentive to kidnap migrants,
and hold them for ransoms of $5,000 or per person, or even larger amounts. This has
become a booming business.
8. To make matters worse, most of the Mexican government officials in the region are fully
entwined with, or have already joined, the gangs/cartels. For example, in February 2019,
Telemundo aired footage showing that a number of families were being secretly held in
the basement of the Mexican immigration building for $3000 ransom.3 The monies were
traced back to the Reynosa Director of the National Institute of Immigration (“INM”)
himself. This is but one example. I have spoken to many families who have been robbed
and/or kidnapped by local officials.
9. Currently, when migrants are expelled from the United States back to Reynosa under
Title 42, they must walk back across the international bridge to the Mexican INM
building. There they are processed back into the country. The majority of the migrants
tell me that they were taken to side rooms and thoroughly searched, sometimes strip-
searched, and that the Mexican official confiscated all of their money and any valuables,
including their phones. Some reported that they had to call a relative to send hundreds of
dollars to pay an officer before they could be released at all. The families are given no
1 U.S. State Department, Mexico Travel Advisory (July 12, 2021),
https:/travel.state.gov/content/travel/en/traveladvisories/mexico-travel-advisory.html.
2 Id.
3 Noticias Telemundo, “Revelan que policías mexicanos extorsionan a migrantes” (Feb. 14,
2020), https://www.telemundo.com/noticias/edicion-noticias-telemundo/video/revelan-que-
policias-mexicanos-extorsionan-migrantes-tmvo8890349.
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information and have no idea where to go. Those who take taxis are often kidnapped by
the drivers.
10. Most of the families initially find their way to the small park diagonally across from the
international bridge. Over two thousand migrants are there now, including elderly
persons, pregnant women, injured persons and numerous small children. Human rights
networks have provided portable toilets and tents, and local pastors provide food and
water as often as possible, but the conditions are terrible. Not surprisingly, the gangs raid
this small encampment every night, kidnapping many and dragging them away to waiting
vehicles. A local police car is parked there regularly, but the officers either look the other
way or drive off when the kidnappers arrive.
11. Two church-run shelters exist in Reynosa. But one, Casa de Migrantes, gives only three
days of lodging. The other, Senda de Vida, is suddenly under threat of demolition by
local officials despite their fifteen years of close collaboration.
12. I think that the accounts of the migrants themselves best indicate the horrific effects that
Title 42 has upon the migrant families. Set forth below are a few of the in-person
accounts I have received.4
A. A mother (“A”) tried to save her young daughter when the gangs arrived to rape her.
The gangs beat A and kidnapped the girl, who did not return for nearly a year. When
the mother received still more threats, she fled north with her mentally disabled 15-
year-old son. The son had the functional development of a 5-year-old. The trip was
terrifying. The family tried twice to cross the river, but U.S. officials sent them back
both times under Title 42. In Reynosa, the mother realized she could not keep her son
safe from the endless kidnappings and assaults going on around her. If she tried to
cross with her son again, they would both be sent back. If he crossed alone, he would
be sent to her family in the United States because Title 42 did not apply to
unaccompanied minors. Like so many other desperate parents, she finally sent him
across again, this time on his own. He was found dead shortly thereafter. Initial
reports suggest torture and mutilation. Based on my experience, I suspect the gangs
approached the boat in which he was a passenger and asked for “claves,” or
passwords each traveler gets once they have paid the proper crossing “fees” to the
gangs. If anyone attempts to cross without such payment, they are killed. Had the
gangs asked this young man for his password, he would have been unable to answer
and therefore killed.
B. A young mother (“B”), seven months pregnant, was in her car with her husband and
two small children when gang members ambushed them and opened fire with
automatic weapons. B’s husband was killed, and she took seven bullets. At the
hospital, doctors were unable to remove the bullet lodged near her cervix. Worse yet,
the killers found out that B was still alive, and that she had recognized them. She took
4 For safety reasons I am not giving names or identifying information. Moreover, I am reporting
only the cases of persons we have assisted to lawfully cross on humanitarian grounds.
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her young children and fled north. She tried twice to cross the Rio Grande with her
children, but both times U.S. officials sent the surviving members of the family back
to Mexico under Title 42 despite her serious medical condition and pregnancy.
C. An older woman (“C”) survived a gang massacre which left seven in her family shot
to death, including her 17-year-old son. C and several others were wounded but
survived. The survivors took their blind 94-year-old grandmother (C’s mother), and
fled north. They crossed the river, but U.S. officials sent them straight back under
Title 42, despite the grandmother’s frailty. The grandmother fell gravely ill back in
Reynosa, but the family, like so many other migrants, had a very hard time getting her
admitted to a hospital given the local anti-migrant sentiments. She died shortly
thereafter. C suffered a kidnapping attempt while she was with her mother at the
hospital.
D. A teenaged boy was being aggressively recruited by local gangs, but he turned them
down. To keep him alive, his mother (“D”) sent the boy with his father to a highly
remote area where communications are nearly impossible. She then fled with her
daughter, a minor who is mentally disabled. They made it to the Reynosa area, where
they were kidnapped and D was raped. They tried to cross the Rio Grande but were
sent back under Title 42. In Reynosa they were dumped back into the unprotected
Plaza near the international bridge. As described above, the gangs arrive every night
to rob and kidnap people, with the consistent acquiescence of the police officers
posted nearby.
E. A young woman (“E”)’s family testified against gang members responsible for the
kidnapping and mutilation of a relative. The gang then came after the family. E was
dragged into a car but escaped by leaping from the moving vehicle. Her shoulder was
badly smashed, requiring multiple surgeries. Her uncle was later killed, as was a
young man who grew up in their family home. She fled north and tried to cross to
Texas but was immediately sent back under Title 42 by U.S. officials. Mexican
immigration officials stole $500 from her as she returned. She then tried to take a taxi
at the foot of the bridge, but the driver kidnapped her. When she ran, he dragged her
back by her hair, but she was later able to escape and make it to a shelter. Her
shoulder then became badly infected, putting her life at risk.
F. A young Trans woman (“F”) went through hellish persecution in her homeland. The
gangs beat her so severely that she fled in early 2019. She made it to Reynosa, but
U.S. officials sent her back under the MPP program. F tried to go back to the border
for her immigration court appointment in Laredo, but the local gangs pulled over the
bus and dragged everyone off. Eventually she got away, but she had missed her
hearing. A few months ago, she tried again to cross the Rio Grande but was sent back
to Mexico. This time the gangs beat her and raped her. Worse yet, she now has HIV
from her assailants.
13. Please note that there are thousands of migrants in Reynosa, with similarly horrifying
stories and traumatic experiences, who have not yet even been interviewed.
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I, Jennifer K. Harbu1y, declare under penalty ofperju1y of the laws of the United States of
America that the foregoing is tme and correct to the best of my knowledge and belief.
Executed on August _g_ 2021 at f'(\ ru.J ,-:,.~5 AS ,
\J ·, R.~, N, A , United States.
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 195 of 365
DECLARATION OF ERIKA PINHEIRO
I, Erika Pinheiro, declare under penalty of perjury, that the following is true and correct to the
best of my knowledge:
Summary
1. In my expertise as an attorney with 18 years of experience in the immigration legal field
who regularly works across the U.S.-Mexico border (principally in Southern California
and corresponding areas of Mexico) and who has advised the Biden Administration on
immigration policy, I have witnessed the failures and extraordinary harm of the Title 42
policy.
2. Although widespread testing and vaccination access is available in both Baja California,
Mexico and San Diego to safely process migrant families seeking asylum, CBP has
chosen to implement a policy that only exacerbates COVID-19 in the region. CBP is not
taking basic mitigation measures to limit the spread of COVID-19 among migrants and in
fact actively introduces COVID-19 into the region by flying migrants in crowded flights
from other parts of the southwest border to San Diego and expelling them.
3. Title 42 expels families into extreme danger in Tijuana, where few have access to safe
housing, or medical care, and face kidnapping, rape, extortion, and other violence on a
regular basis. Since March 2021, three of AOL’s clients have died after being denied the
ability to seek medical care in the U.S.
Experience and Expertise
4. I am the Litigation and Policy Director at Al Otro Lado (“AOL”), a nonprofit advocacy
and legal services organization based in Los Angeles, California, with offices in San
Diego, California and Tijuana, Mexico. I have been the Litigation and Policy Director
since April 2017. I am currently based primarily in Tijuana, Mexico, and oversee various
programs and operations in all AOL locations.
5. I am an immigration attorney and have been working in the immigration legal field since
2003. I hold a JD from Georgetown University Law Center, a Masters of Public Policy
from the Georgetown Public Policy Institute, and a Certificate in Refugee and
Humanitarian Emergencies from Georgetown University Institute for the Study of
International Migration. Throughout my legal career, I have specialized in high-volume
legal representation and education for immigrants detained in immigration or criminal
custody, as well as those seeking asylum at the US-Mexico border. In each position I
have held, I have created, maintained, and analyzed extensive databases to identify the
effects of policies governing the admission, detention, transfer, and release of immigrant
adults and children at the border and in criminal and/or immigration custody. Prior to
joining AOL, I administered federally funded legal access programs for immigrant adults
in ICE custody and unaccompanied children in Office of Refugee Resettlement custody,
serving thousands of individuals per year. Since 2010, I have personally observed and
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tracked migration and detention trends, especially with respect to adults, unaccompanied
children, and family units seeking asylum at the US-Mexico border.
6. AOL provides legal and humanitarian support to indigent refugees, deportees, and other
migrants, including providing free direct legal services on both sides of the US-Mexico
border and beyond.
7. As the Litigation and Policy Director, I supervise attorneys and other staff who work
directly with migrants on both sides of the US-Mexican border. I also travel frequently
across the US-Mexican border. I also engage with elected officials on immigration
matters, educate policymakers about border issues, and provide technical assistance to
Congressional committees and government agencies. From November 2020 through
January 2021, I engaged with the Biden transition team and Secretary Mayorkas in
numerous meetings concerning US border policy; since President Biden’s inauguration, I
meet frequently with officials at the White House, DHS, DOS, and other federal agencies
to participate in immigration and border security policy discussions. I am also one of the
leads of the California Welcoming Task Force, a coalition of around 100 nonprofit
organizations working with the White House, federal agencies, California state
government, local city and county governments, and Mexican government officials to
plan and execute policies related to asylum processing at the US-Mexico border.
8. I help supervise AOL’s work representing families, individuals, and children seeking a
humanitarian exemption from the Title 42 expulsion process. Since April 2021, AOL has
represented approximately 5,900 individuals, including 2,450 children in obtaining
humanitarian exemptions.
9. This declaration is based on my personal experience working with noncitizens at the US-
Mexico border as well as my experience supervising attorneys who provide legal services
to them. I am also familiar with the Tijuana – San Diego border region as I work
regularly on both sides of the border.
Vaccination and testing is widely available in Baja California
10. I have resided in Baja California since 2017, and have been on the ground providing
humanitarian and legal support to refugees and other migrants residing in Tijuana and
throughout Baja California since the start of the COVID pandemic. Generally, vaccines
and testing are widely available in Baja California, and migrants have had relatively low
COVID positivity rates as compared to the broader population due to intensive mitigation
efforts, although those efforts have been frustrated by the expulsion of individuals DHS
has brought to the region on lateral flights from other parts of the U.S., as explained
below.
11. The Mexican government has been making a concerted effort to maximize COVID-19
vaccination in the northern border region as part of its push to more fully reopen the land
border with the United States. As of August 5, 2021, more than half of adults in the five
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Mexican states along the U.S. border had received at least one dose of a COVID
vaccine.1 The adult vaccination rate is 80% in Baja California, 60% in Sonora, 75% in
Chihuahua, 56% in Coahuila, and 64% in Tamaulipas.2 In the Mexican municipalities
(the equivalent of U.S. counties) closest to the border, rates are even higher: as of July 27,
2021 at least 75% of those in border municipalities had received at least one vaccine dose
in Baja California, Sonora, Chihuahua, Coahuila, and Nuevo Leon.3 As of August 1,
2021, more than 97% of adults between 18 and 39 had received at least one dose in
Tamaulipas.4
12. Baja California is the first state in Mexico to have “fully” vaccinated its adult population
(18+); approximately 80% of the adult population has been vaccinated with at least one
shot. Vaccines continue to be regularly distributed at large-scale vaccination sites located
in all of the state’s municipalities and are available to anyone over the age of 18,
regardless of immigration status. Municipal and state departments of health also conduct
specialized outreach campaigns to vulnerable and hard-to-reach populations, such as
Indigenous communities residing in remote locations. In July and August 2021, local
health authorities held a vaccination drive at the migrant camp located outside the Ped
West Port of Entry and at seven migrant shelters, and other shelter providers have
organized transportation to bring migrants to mass vaccination sites.5 The local
departments of health continue to develop outreach strategies to vaccinate vulnerable
populations, including migrants.
13. Although there has been a recent slight increase in positive COVID cases due to the
spread of the Delta variant, numbers remain extremely low in Baja California. For
example, on August 8, 2021, there were 69 new positive cases in Tijuana, a city of
around 2 million residents. The seven-day average is 107 new positive COVID cases/day.
The rate of new COVID cases in Tijuana is exponentially lower than in San Diego
County, California, which saw 2,754 new positive cases on August 8, 2021, with a seven
day average of 1,417 new positive cases per day for a population of around 3.3 million.6
This discrepancy is likely due to the relatively high vaccination rate in Baja California
(80% adults vaccinated in Baja California vs. 73.2% in San Diego County), as well as the
consistent use of masks in most indoor spaces in Mexico. Unlike the United States, Baja
California never lifted its mask mandate, even for vaccinated individuals. I have observed
1 Gobierno de Mexico, Secretaria de Salud, COVID-19 Mexico Comunicado Tecnico Diario, at 9
(Aug. 5, 2021), https://tinyurl.com/w2enjmh3.
2 Id.
3 Id.
4 Miguel Dominguez, Afirman Vacunar Casi al 100% de Jóvenes en Tamaulipas, Reforma (Aug.
1, 2021), https://tinyurl.com/y8d476kb.
5 Alexandra Mendoza, Migrants in Tijuana vaccinated at camp, shelters (Aug. 4, 2021),
https://tinyurl.com/dmf2d9m.
6 COVID-19 Data Repository, Center for Systems Science and Engineering (CSSE) at Johns
Hopkins University, https://github.com/CSSEGISandData/COVID-19.
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almost all individuals in Baja California consistently using masks in most public indoor
spaces and crowded outdoor spaces, whereas in San Diego, I rarely, if ever, see
individuals using masks outside, and have observed a rising percentage of individuals
who do not use masks in public indoor spaces.
14. COVID-19 testing is readily available at pharmacies and health providers across Tijuana.
Pricing for tests varies among providers, but generally starts around $10-12 USD for an
antigen test. Local and state Departments of Health also have free mobile testing
programs, and have offered free COVID testing at the Chaparral migrant encampment
and at various shelters. Several local medical nonprofits also offer free testing to
migrants, and universities on both sides of the border have conducted numerous COVID-
related studies through which they have administered free tests to thousands of
individuals.7
15. Many asylum seekers have already been vaccinated before presenting at the port of entry.
Dozens of our clients have sent photos of their vaccination records. Many of our clients
have told our staff and volunteers that they are eager and willing to be vaccinated to
protect themselves and others against COVID-19.
16. Beginning in March 2021, AOL began representing vulnerable families, children, and
adults to seek humanitarian exemptions from the Title 42 expulsion process. Individuals
approved for an exemption are tested for COVID-19 before presenting at a port of entry.
A U.S.-based foundation has covered the cost of COVID testing for all of AOL’s clients,
as well as others being processed through the exemption process. CBP has required all
children seven years or older to submit a negative COVID-19 test taken within 72 hours
of presenting at a port of entry. Those who test positive are denied entry if they attempt to
present.
17. Before the widespread availability of vaccines in Baja California, AOL worked with a
network of nonprofits, international intergovernmental organizations (i.e. IOM and
UNHCR), as well as with local, state, and federal government agencies to develop
effective strategies that reduced the spread of COVID among migrant populations. AOL
helped install hand washing stations and clean water access points at shelters and medical
clinics, distributed masks and other PPE, conducted public health education, and
provided funding to build capacity at local medical nonprofits serving the migrant
population. IOM and the local government also established a COVID “filter” hotel, at
which migrants would stay for 10-14 days before moving on to shelters. AOL also
provided grocery cards, medication, PPE, quarantine housing, and other direct
7 See, e.g., City News Service, COVID-19 Survey Finds Baja California Faring Better than
Other Mexican States, KPBS (June 16, 2021), https://www.kpbs.org/news/2021/jun/16/covid-19-
survey-finds-baja-california-faring-bette/.
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humanitarian support to help migrants residing outside of the shelter system to remain in
quarantine during periods of high community spread.
CBP’s policy of lateral flights has a negative effect on COVID-19 rates in the region
18. The mitigation efforts described above were extremely successful, and we saw very little
COVID spread among migrants until March of 2021, when the US government began
flying migrants who crossed in Texas on lateral flights to San Diego and expelling them
there. Despite our regular engagement with the White House and DHS on border policy
matters, we were given no notice, and nonprofits and government agencies working in
Tijuana were ill-prepared to receive the 100 migrants being expelled each day from
lateral flights, in addition to hundreds of others already being expelled or removed to
Tijuana each day. Because migrants were placed in close proximity to one another on
lateral flights and expelled to Tijuana, we saw a much higher COVID positivity rate
among lateral flight migrants than among the local migrant population in general.
Shelters receiving lateral flight expulsions began to see more COVID positive cases, but
local health authorities and non-profits lacked the capacity and resources to quickly
create a comprehensive public health strategy to address the problems posed by lateral
flights.
19. DHS ceased the practice of lateral flight expulsions to Tijuana around June 21, 2021,
which has enabled those of us working in Baja California to reassert control over the
spread of COVID among the migrant population, especially in shelters, using the
mitigation measures described above and by promoting vaccines. However, DHS
resumed lateral flights to San Diego in the last week of July 2021, and resumed
expulsions to Tijuana on Friday, August 6, 2021, when we received 135 migrants
expelled from a flight that originated in Texas. Our shelter partners in San Diego, who
work with San Diego County and the State of California to administer COVID tests to all
migrants arriving in the region, have confirmed that the COVID positivity rate is highest
among migrants who arrive via lateral flights (as compared to migrants processed at the
Port of Entry or those who enter without inspection locally). Undoubtedly, the practice of
lateral flight expulsions has a negative effect on COVID rates in the region and
undermines the ability of government agencies and service providers on both sides of the
border to control COVID spread among the migrant population.
CBP has additional capacity to process asylum seeking families at ports of entry in the San
Diego region
20. CBP has consistently used “capacity” limitations as a pretext for reducing the number of
asylum seekers processed at Ports of Entry, both before and during the pandemic. Al Otro
Lado is the organizational plaintiff in Al Otro Lado v. Mayorkas, 3:17-cv-02366-BAS-
KSC (S.D. Cal.), filed in July 2017, a class action lawsuit challenging CBP’s practice of
unlawfully turning away asylum seekers who seek to present at Ports of Entry, as well as
“metering” policies that force asylum seekers to wait in Mexico on informal lists.
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Evidence obtained through discovery in that case, including depositions of DHS officials,
confirm that CBP has consistently understated its capacity to process asylum seekers at
Ports of Entry in an effort to reduce access to the US asylum system. An October 2020
Office of Inspector General Report, citing in part evidence obtained from a CBP
whistleblower, confirmed that CBP lied about capacity to reduce asylum seeker
processing,8 and recently, the court in AOL v. Mayorkas sanctioned the government for
destroying evidence protected by a court order. CBP officials also admitted in a
deposition that the processing of asylum seekers is given low priority among other types
of processing at ports in terms of officer and resource allocation, going so far to admit
that livestock would be given processing priority over asylum seekers. Nothing in the
recent past indicates that these policies and priorities have changed significantly.
21. In June 2021, CBP processed approximately 412,000 pedestrians at the San Ysidro Port
of Entry. Notably, CBP is processing about 500,000 less pedestrians per month at the San
Ysidro POE than they were before Title 42 was put into place; for example, in June 2019,
CBP processed over 917,000 pedestrians at the San Ysidro Port of Entry. This
discrepancy should give CBP plenty of capacity to safely process asylum seekers, even
allowing for the fact that processing refugee families takes longer than processing most
travelers.
22. Under Title 42, US citizens, Lawful Permanent Residents, and Mexicans with certain
types of visas are able to cross the border freely. Throughout the pandemic, I have
personally observed large numbers of U.S. citizens crossing the border into Tijuana,
Rosarito, and Ensenada for tourism and other “non-essential” purposes. I have also
crossed the border, on average, about once per week since June of 2020 to the present.
Based on my personal experience, CBP does not employ any COVID screening protocol
for travelers not subject to Title 42 restrictions. I have personally observed numerous
CBP officers working without masks, or with their masks pulled down around their chins.
CBP officers have never asked me any COVID or other health-related questions when
entering the United States.
CBP is not taking adequate steps to limit the spread of COVID-19 among migrants who
cross between ports of entry.
23. When CBP encounters asylum-seeking families who cross the border between ports of
entry, it does not take meaningful steps to prevent the spread of COVID-19, aside from
providing masks. Migrants are flown on full planes and ride together in busses to the
border to be expelled. CBP does not provide COVID-19 testing and only coordinates
with third parties to test migrants when they are released from CBP custody. Those who
8 CBP Has Taken Steps to Limit Processing of Undocumented Aliens at Ports of Entry, Office of
Inspector General (Oct. 27, 2020), https://tinyurl.com/266bbcfm.
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exhibit COVID-19 symptoms are not separated from others in CBP/Border Patrol
custody.
24. The state of California has provided funding for COVID testing of all migrants who come
to the California border, whether through a Port of Entry, between ports of entry, or on
lateral flights. California has established a testing, quarantine, treatment, and vaccination
protocol for all migrants, and set up several hubs in the border region to create additional
capacity. The federal government does not currently cover the costs of these regional
hubs, nor do they currently cover the costs of shelter and transportation. California state
and numerous counties have stepped in to create a robust migrant reception system that
treats migrants with dignity while protecting public health.
25. Families that are exempt from Title 42 in Tijuana are released to a network of shelters in
the San Diego area. There are two main shelter hubs in the San Diego area. Jewish
Family Service provides testing, quarantine, and case management to any migrant being
processed through the Port of Entry, including those who come on lateral flights. Catholic
Charities serves those who cross between ports. The state, counties, and cities all work
together to create local capacity for migrants as needed. For example, Long Beach, San
Diego, and other cities provided convention centers and other facilities to meet the needs
of unaccompanied children during a recent increase. The California Welcoming Task
Force, a coalition of around 100 nonprofit organizations formed in February of 2021
working with governments on both sides of the border, coordinates to ensure that all
migrants in the region receive legal, humanitarian, and other vital services upon arrival in
California.
26. The biggest challenge over the past six months has not been the capacity to serve the
number of migrants in the region, but rather the lack of processing at the ports of entry,
and an overall lack of communication from DHS regarding its implementation of Title 42
expulsions, such as through lateral flights.
Title 42 places asylum-seeking families in extreme danger
27. Migrant families expelled under Title 42 to Tijuana face extreme danger and live in
precarity. Few have access to safe housing, medical care, or work to support themselves.
They face kidnapping, rape, extortion, and other violence on a regular basis. Clients
frequently report to us that they are unable to afford food, medicine, and other basic
necessities. Families travelling with minor children frequently report kidnapping attempts
on their children. Families with children who identify as female frequently report sexual
harassment and other sexual violence. Three of our clients have died since March 2021
because they were denied the ability to seek medical care in the U.S.
28. Thousands of migrants live in a makeshift tent encampment in El Chaparral next to the
port of entry. They sleep under plastic tarps, without bathrooms, and are subject to
extreme weather conditions. There is no running water or sanitation. Organized criminal
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groups control the camp and AOL has received reports of kidnappings, assaults, and
sexual abuse against migrants. Smugglers pressure migrants into hiring them through
fraud and force. AOL has received multiple reports of migrants who were held for
ransom by smugglers. Others have been kidnapped by traffickers and forced into
prostitutions or other types of labor. The situation at the El Chaparral camp is so
dangerous that AOL does not provide services there. Aid workers have received
numerous threats from those controlling the camp. Few groups are willing to provide in-
person services, so there is a lack of food and supplies for those living in the camp.
29. Families with family members who identify as LGBTQ are frequently subjected to
violence and discrimination. One family that we represented in this process was forced to
leave from three different housing situations after the owners of each property discovered
that the mother was in a same-sex relationship. Another LGBTQ couple that we
represented were both kidnapped and raped in Mexico and both subsequently contracted
HIV. While in Tijuana, they were forced to leave a shelter because they were constantly
receiving threats. Another client, a Haitian LGBTQ man who was unable to seek asylum
due to Title 42, was living in a rented room in Tijuana when armed men broke into his
dwelling, raped him, and stole all of his belongings and documents. He had to go into
hiding because these same people continued to threaten him.
30. Migrants who are not from Mexico frequently struggle to access medical care. When they
are able to be admitted to a hospital, they frequently report discrimination at the hands of
medical staff. Multiple Haitian clients have reported to us that they refer to the hospitals
in Tijuana as “where Haitians go to die.”
31. AOL staff members transported a Honduran man with an epidural hematoma between
hospitals because the initial hospital refused to touch him without an upfront payment in
full for the emergency neurosurgery he required. At this point, he was lying on a bed with
a nosebleed and struggling to breathe. When staff members tried to call for an ambulance
because of the delicate nature of his condition, the hospital said that they were unable to
communicate with the receiving hospital and thus it would not be possible to send an
ambulance. Staff members were left with no alternative but to transport him themselves
or risk his death.
32. A Haitian woman who wanted to seek asylum along with her husband and young
daughter suffered third degree burns while living in Tijuana. Her injuries were so severe
that an external fixator had to be applied to hold the bone in her arm together. While she
was able to access emergency treatment, she was unable to access any follow-up care or
cleaning for her burn wounds. The family was living in the tent camp where she had no
access to running water or sanitation.
33. Because of Title 42, at least 13 mothers who gave birth while in CBP custody have been
expelled to Mexico along with their U.S. citizen babies. These infants were rendered
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essentially stateless in Mexico because they were expelled without any kind of legal
identity documents.
34. Title 42 has separated countless vulnerable families. A 19-year-old asylum seeker was
turned away under Title 42 in Tijuana even though he was permanently disabled after
falling off a train. He had lost both his right arm and leg and was thus forced to live at the
mercy of strangers in a shelter. He had been trying to join his mother and siblings but
Title 42 kept them separated for nearly a year.
35. Four siblings, two under 18, from Nicaragua were separated from their father due to Title
42. Their father was in the U.S. and had been granted immigration relief. When the
siblings’ mom was disappeared in Nicaragua, they fled to seek asylum and join their
father. However, Title 42 left them living in a tent camp.
36. A Honduran woman with multiple gunshot injuries and diabetes was pursuing her asylum
case in the United States in 2019. She returned to Mexico when she learned that her
teenage daughter had been raped and kidnapped. She left her two younger children in the
care of a friend in the U.S. Once she reunited with the daughter who had been raped and
kidnapped in Mexico, she was not permitted to rejoin her two minor children in the U.S.
and to continue her asylum case. Around the same time, her brother was kidnapped and
almost certainly killed by cartel members as he attempted to cross the border with a
smuggler because Title 42 closed all legal options to request asylum.
37. AOL’s clients in other cities across the southwest border face similarly dangerous
situations after being expelled through Title 42. In Reynosa, one of our clients who had
previously tried to seek asylum at the border but who was expelled under Title 42 was
kidnapped shortly thereafter with her young son. The mother and child were held for days
without food until they finally escaped.
38. Another client in Reynosa, traveling with his wife and children, was kidnapped by a
criminal group. He was tortured and left for dead, covered in blood with burn and stab
wounds all over his body. He survived and the family fled to Tijuana, unable to seek
asylum in the U.S. due to Title 42. They were then forced to live in the tent camp at
Chaparral, where the client’s wounds became infected due to lack of medical treatment
and sanitation.
39. In Nuevo Laredo, a client was waiting to be able to cross with her U.S. citizen daughter
when they were kidnapped by armed men while walking down the street. The men took
them to a house, shaved their heads, and beat them severely. The U.S. citizen daughter’s
face was slashed with a knife on both sides. She lost so much blood from her injuries that
she had to be hospitalized.
40. CBP expelled one asylum-seeking client in Nuevo Laredo in the middle of the night and
he was immediately kidnapped by gang members. His family paid the ransom and he was
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released. He was then immediately kidnapped by a cartel. His family has heard nothing
from him since.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: August 11, 2021, in Mexico City, Mexico.
Signature:
____________________
Erika Pinheiro
August 11, 2021, in Mexico Ci
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Erika Pinheiro
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1
DECLARATION OF SAVITRI ARVEY
I, Savitri Arvey, pursuant to 28 U.S.C. § 1746, hereby declare:
Summary
1. As a migration policy advisor who has worked with hundreds of migrants being subjected
to the Title 42 policy, I am deeply familiar with the harms that the policy has inflicted on
migrant families. The Title 42 policy has forced asylum-seeking families, including
pregnant mothers and individuals with U.S. citizen children, to live in squalid and
dangerous conditions in Mexico, often sleeping under bridges or on the street. More than
1 out of 5 of the asylum seekers I have worked with reported being kidnapped in Mexico,
and many of the women were raped during their capture. The government’s process for
exempting certain families from Title 42 is an inadequate substitute for regular port
processing of asylum seekers, all of whom have a right to be heard on their claims.
Qualifications
2. I am currently a Policy Advisor, within the Migrant Rights and Justice program at the
Women’s Refugee Commission (“WRC”), a non-profit organization that aims to improve
the lives and protect the rights of women, children, and youth displaced by crisis and
conflict. In this role, I advocate on regional protection issues for women, children, and
families in Mexico and Central America. Before assuming this role, I worked as a
consultant for WRC from March to June 2021 where I focused on issues related to access
to protection at the U.S.-Mexico border and asylum processing at ports of entry. I hold a
bachelor’s in International Relations from Connecticut College and a master’s in public
policy from the University of California (“UC”), San Diego.
3. From October 2018 to July 2021, I collaborated on an initiative as the Central America &
Mexico Policy Initiative Fellow at the Strauss Center for International Security and Law
at the University of Texas at Austin and as a Graduate Student Researcher and Border
and Migration Fellow at UC San Diego Center for U.S.-Mexican Studies to document
U.S. Customs and Border Protection’s (“CBP’s”) metering practices and the conditions
faced by people seeking protection waiting in Mexican border cities to be inspected and
processed by CBP officials. In these roles, I made regular visits to the U.S.-Mexico
border and conducted phone and in-person interviews with people seeking protection,
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2
migrant shelter staff, representatives of international and nongovernmental organizations,
and Mexican federal and local government officials in eleven Mexican border cities.1
4. I have also helped 251 people seek humanitarian exemptions from an order issued by the
Centers for Disease Control and Prevention (“CDC’s”) under Title 42 of U.S. Code,
obtain COVID-19 tests, and be successfully processed at four ports of entry2 since April
1, 2021.
5. For these reasons, I am deeply familiar with conditions at the U.S.-Mexico border and
CBP’s ability to safely process people seeking asylum at ports of entry.
The Devastating Toll of Title 42
6. Title 42 endangers the lives and safety of individuals seeking asylum, by leaving them
waiting in squalid conditions in the Mexican border cities for many months.
7. In Piedras Negras, for example, the municipal government has prevented migrant shelters
from reopening at even a limited capacity due to COVID-19. As a result, many have been
forced to sleep in abandoned houses, in the bus terminal, under bridges or on the street,
leaving them more vulnerable to the extreme elements and abuse from exploitative
actors. In these conditions, families with young children have struggled to access the
most basic necessities, such as food and water, and suffered from inadequate sanitary
conditions.
8. In addition, there are hundreds of families living in tent camps in Tijuana and Reynosa,
where they vulnerable to criminal elements and lack access to services.
9. The inability to request asylum at a port of entry forces migrants, including women, to
wait in conditions where they are vulnerable to harm and unable to access basic medical
care. Several women I interviewed have recounted being sexually assaulted or otherwise
harmed while sleeping on the street in Mexican border cities.
10. I have supported thirteen pregnant women in seeking exemptions from Title 42, most of
whom struggled to access basic medical or prenatal care in Mexico and the limited
humanitarian assistance in Mexican border cities such as Piedras Negras and Ciudad
Acuña. One woman experienced bleeding and became worried that her pregnancy was
1 Those cities are: Matamoros, Tamaulipas; Reynosa, Tamaulipas; Nuevo Laredo, Tamaulipas; Piedras Negras,
Coahuila; Ciudad Acuña, Coahuila; Ciudad Juárez, Chihuahua; Agua Prieta, Sonora; Nogales, Sonora; San Luis Rio
Colorado, Sonora; Mexicali, Baja California; Tijuana, Baja California. I have also conducted interviews in
Monterrey, Nuevo León.
2 Those four ports of entry are: San Ysidro, Eagle Pass, Del Rio, and Hidalgo.
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3
high risk, while another who was able to visit a health clinic was told that she was at risk
of a miscarriage. Others expressed deep concern that the insecurity and extremely
unstable living conditions would negatively affect the health of their babies.
11. Title 42 expulsions have also endangered asylum seekers with medical conditions,
including families with U.S. citizen children. I sought an exemption for a lesbian couple
from El Salvador who were expelled to Piedras Negras days after one of the mothers
gave birth to a U.S. citizen baby, while she was still recovering from a cesarean delivery.
The U.S. citizen baby was severely sick for several weeks, and the couple struggled to
access affordable medical care in Mexico. The couple approached the port of entry and
showed the documentation for their U.S. citizen newborn, but they were prevented from
entering the bridge by Mexican authorities who told them they needed a visa.
12. While waiting in Mexican border cities, numerous people seeking asylum who I have
spoken to in the last few months have reported being extorted, robbed, physically
assaulted, and threatened by authorities and other individuals, leaving them fearful for
their lives.
13. Individuals seeking protection in Mexican border cities face a high risk of being
kidnapped, and this risk is particularly heightened in the state of Tamaulipas, due to the
presence of the Gulf Cartel and Cartel del Noreste. Kidnappings of migrants in Mexico
that have occurred since February 2021 have been documented through public
testimonies, interviews, and an electronic survey by Human Rights First.3 Approximately
one out of every five individuals I interviewed through the exemption process
affirmatively reported that they had been kidnapped (32 people), suffered a kidnapping
attempt (20 people), or received threats of kidnapping (2 people) in Mexico. This figure
is likely a significant undercount because I did not directly solicit information about
kidnapping from individuals and many people may have been afraid to report such
experiences.
14. Kidnappings of migrants often occur at bus stations, outside migrant shelters, or outside
an international bridge or near the port of entry.
15. Title 42 expulsions, especially expulsions to Nuevo Laredo and Reynosa, Tamaulipas,
force individuals seeking protection into a situation where they can be easily targeted.
After migrants and individuals seeking protection are identified on the street, they are
3 Human Rights First, Tracker of Reported Attacks During the Biden Administration Against Asylum Seekers and
Migrants Who Are Stranded in and/or Expelled to Mexico (June 2021),
https://www.humanrightsfirst.org/sites/default/files/AttacksonAsylumSeekersStrandedinMexicoDuringBidenAdmini
stration.6.17.21.pdf.
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4
generally forced into vans by armed men and driven to a safe house where they are asked
for contacts of people will pay ransom, or their phones are searched for U.S. numbers.
Those contacts, who are usually family members in the U.S., receive a call demanding
thousands of dollars and threatening to harm those in captivity. While being held in the
safe house, women are often raped by their captors.
16. One Honduran woman I spoke with in April 2021 was expelled with her young daughter
by CBP officials at night through the Hidalgo Port of Entry. After she exited the
international bridge into Reynosa, several armed men grabbed her and covered her face
with a black hat and forced her in a car. While being held, she was raped multiple times
and she begged her captors not to harm her daughter. Her daughter was released by
herself and crossed the border unaccompanied. After a month, the woman was able to
escape with other women who were being held. She did not know where her daughter
was until she was finally contacted by a U.S. shelter.
Restoring Access to Asylum at Ports of Entry
17. Instead of forcing families to cross dangerous terrain in between ports of entry to seek
protection, CBP should restore access to asylum at ports of entry.
18. Throughout the exemption process, I have worked with many families who approached
ports of entry for an opportunity to present their asylum claims but they were blocked
from entering the port. For example, two weeks ago, a single mother with a U.S. citizen
child who has special needs approached the Eagle Pass Port of Entry but was prevented
from entering.
19. Although Defendants assert that thousands of people have been processed via ports of
entry for exemptions from Title 42 (over a period of several months), Shahoulian Decl.
(ECF No. 113-1) ¶ 11, those exemption processes cannot meet the needs of the majority
of individuals seeking protection at the border and shift burdens onto nongovernmental
organizations (“NGOs”) to gather information from vulnerable asylum seekers, including
under dangerous conditions in Mexico.
20. Many asylum seekers do not have access to NGOs, and, due to the very limited number
of exemptions granted each day, the majority of asylum seekers will not be able to obtain
an exemption from Title 42, no matter how vulnerable they are.
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5
I declare under the penalty of perjury under the laws of the United States of America and the
State of New York that the foregoing is true and correct. Executed in New York, New York.
Dated: August 10, 2021
______________________
Savitri Arvey
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SUPPLEMENTAL DECLARATION OF FORMER CENTERS FOR DISEASE
CONTROL AND PREVENTION (CDC) OFFICIALS
The undersigned hereby declare:
1. We make this declaration based on our own personal knowledge and if called to testify
could and would do so competently and truthfully to these matters.
2. We submit this supplemental declaration as former CDC officials to address inaccuracies
and logic shortfalls raised in Defendants’ opposition to Plaintiffs’ motion for a classwide
preliminary injunction, Opp. (ECF No. 76), and in Defendants’ supplemental declaration,
Shahoulian Decl. (ECF No. 113-1).
3. We have also carefully reviewed the CDC order issued on August 2, 20211 (hereinafter
“CDC Order”).
4. We reaffirm the view expressed in our original declaration from February 5, 2021, ECF
No. 57-6, that risks of infection can be successfully mitigated by reasonable public health
measures and that any potential risks from allowing asylum-seeking families to enter the
United States are no greater than many of the activities sanctioned by the CDC (such as
indoor sporting events and concerts, indoor schooling, travel, and other regular activities
that have resumed).
5. Moreover, compared to February 2021 and earlier points in the pandemic, the United
States is now even better equipped to safely process immigrant families, given the
availability of high effective vaccines and other interventions. Notwithstanding recent
1
CDC, Order Suspending the Right to Introduce Certain Persons from Countries Where a
Quarantinable Communicable Disease Exists (Aug. 2, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/downloads/CDC-Order-Suspending-Right-to-
Introduce-_Final_8-2-21.pdf.
NANCY GIMENA HUISHA-HUISHA, et al.,
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of Homeland
Security, in his official capacity, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 1:21-CV-00100-EGS
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variants of the COVID-19 virus, there remains no valid public health basis for expelling
immigrant families.
Highly Effective, Widely Available Vaccines Protect Against All Known Variants of the
COVID-19 Virus and Reduce the Risk of Transmission in the United States.
6. In the United States, COVID-19 vaccines are now widely available and accessible to all
individuals over the age of 12, at no cost to the recipient. Vaccines are available on
demand in convenient locations, including local pharmacies.
7. As of August 10, 2021, 71% of adults in the United States have received at least one
COVID-19 vaccination shot, exceeding President Biden’s national goal.2 Vaccination
rates are higher among older, more vulnerable demographics, with more than 90% of
adults 65 or older having received at least one dose; over 80% of adults 65 or older are
fully vaccinated.3
8. Overall, as of August 10, 2021, more than 195,000,000 people in the United States (more
than 58% of total population) have received at least one dose of the COVID-19 vaccine,
and more than 166,000,000 are fully vaccinated (more than 50% of total population).4
With respect to those individuals who are vaccine-eligible (people ages 12 and up),
68.9% of that population has received at least one dose and 58.8% is fully vaccinated.
9. Although the CDC Order claims that “vaccination uptake has plateaued,” CDC Order at
10, the CDC’s own data show that the daily administration of first doses has more than
doubled over the last month (seven-day moving average increased from 218,696 daily
doses to 438,461 daily doses between July 7 and August 7, 2021).5
10. The widespread availability of vaccines has no doubt changed the course of the COVID-
19 pandemic. As shown below, the number of new daily cases, hospitalizations, and
deaths from COVID-19 have fallen drastically in the United States as vaccination
numbers have increased. Even as restrictions have been lifted, cases, hospitalizations,
and deaths are now a fraction of their peak.
2
CDC, COVID-19 Vaccinations in the United States (last updated Aug. 10, 2021),
https://covid.cdc.gov/covid-data-tracker/#vaccinations.
3
Id.
4
Id.
5
CDC, Trends in Number of COVID-19 Vaccinations in the US (last updated Aug. 10,
2021), https://covid.cdc.gov/covid-data-tracker/#vaccination-trends_vacctrends-onedose-daily.
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Figure 1 - Source: CDC, Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC (last visited Aug. 10,
2021), https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases.
Figure 2 - Source: CDC, Prevalent Hospitalizations of Patients with Confirmed COVID-19, United States, August 01, 2020 –
August 08, 2021 (last visited Aug. 10, 2021), https://covid.cdc.gov/covid-data-tracker/#hospitalizations.
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Figure 3 - Daily Number of COVID-19 Deaths vs. Total Vaccine Doses Administered. Source: CDC, Trends in Number of
COVID-19 Cases and Deaths in the US Reported to CDC, by State/Territory (last visited Aug. 10, 2021),
https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases.
11. Since vaccines became widely available in February and March 2021, the number of
individuals who die from or are hospitalized due to COVID has dropped significantly.
Figure 3, above, shows the inverse relationship between COVID-19 deaths and
administered vaccine doses.
12. According to the CDC, studies show that all vaccines authorized for use in the United
States—Pfizer-BioNTech, Moderna, and Johnson & Johnson—are effective against all
known variants, including the Delta variant. CDC, About Variants of the Virus that
Causes COVID-19 (Aug. 6, 2021), https://www.cdc.gov/coronavirus/2019-
ncov/transmission/variant.html.
13. Individuals who are vaccinated against COVID-19 are far less likely to become infected,
to require hospitalization, and to transmit the virus to others. Individuals receive
significant protection even after one dose of a two-dose vaccine. Vaccination produces
better protection from infection and illness than surviving a naturally occurring case of
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COVID-19 illness. If fully vaccinated people become infected with COVID-19 (though
still rare), they are less likely to have symptoms or to transmit the virus to others.
14. The vaccines commonly used in North America are very effective at preventing illness,
hospitalization and death from all known forms of the virus, including the Delta variant
that has become the dominant form.
15. While so-called “breakthrough” infections are possible in vaccinated individuals,
vaccinated individuals remain unlikely to develop a symptomatic illness and only very
rarely will they become seriously ill or require hospitalization even if infected.
16. According to CDC data, less than 0.001% of vaccinated individuals have died from
COVID-19. 6 Unvaccinated individuals account for more than 99% of recent COVID-19
deaths.7
17. According to a survey of 50 hospitals around the country, unvaccinated individuals make
up the overwhelming majority (nearly 95%) of COVID-19 hospitalizations and deaths.8
18. There is some evidence that individuals with breakthrough infections from the Delta
variant can carry the virus and potentially transmit infection to others, but according to
the CDC, mitigation methods such as masking, social distancing, and proper building
ventilation are effective ways of preventing transmission. See, e.g., CDC Order at 7, 9,
13.
19. Apart from vaccinations, an additional 10 to 15% of the U.S. population has likely
recovered from a prior COVID-19 infection.9 Although prior infection confers less
protection than a vaccination, studies show that individuals who have recovered from
COVID-19 are unlikely to become infected again, and such individuals tend to develop
milder symptoms even if re-infected.10
6
CDC, COVID-19 Vaccine Breakthrough Case Investigation and Reporting (last updated
Aug. 5, 2021), https://www.cdc.gov/vaccines/covid-19/health-departments/breakthrough-
cases.html.
7
NPR, U.S. COVID Deaths Are Rising Again. Experts Call It A ‘Pandemic Of The
Unvaccinated’ (July 16, 2021), https://www.npr.org/2021/07/16/1017002907/u-s-covid-deaths-
are-rising-again-experts-call-it-a-pandemic-of-the-unvaccinated.
8
ABC News, Vast majority of ICU patients with COVID-19 are unvaccinated, ABC News
survey finds (July 29, 2021), https://abcnews.go.com/US/vast-majority-icu-patients-covid-19-
unvaccinated-abc/story?id=79128401.
9
Frederick J. Angulo, Estimation of US SARS-CoV-2 Infections, Symptomatic Infections,
Hospitalizations, and Deaths Using Seroprevalence Surveys, JAMA Network Open (Jan. 4,
2021), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7786245/.
10
See, e.g., Adnan Qureshi et al., Reinfection With Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2) in Patients Undergoing Serial Laboratory Testing, Clinical
Infectious Diseases (Apr. 25, 2021), https://academic.oup.com/cid/advance-
article/doi/10.1093/cid/ciab345/6251701
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20. Even in the face of a more transmissible variant form of the virus, current cases detected
in the U.S. remain far below what they were at the peak of the epidemic, even while
many restrictions and regulations have been relaxed. COVID-19 vaccines have almost
certainly contributed to suppressing transmission and are the best form of protection
against illness, hospitalization and death.
21. Given that asylum-seeking families make up a tiny percentage of daily inbound
individuals, expelling asylum seekers at the southern border would do almost nothing to
reduce the number of cases or the rate of transmission in the U.S. Instead, layered
protection including masking, physical distancing, and improved ventilation, along with
vaccination and testing, should be expected to prevent additional cases among this group
and the Customs & Border Protection (CBP) personnel they interact with.
Defendants’ Expulsion Practices Are Inconsistent with Public Health.
22. A basic public health concept is that most public health actions produce a combination
positive and negative effects, which must be weighed against one another. Notably, the
CDC Order appears to be nearly devoid of any consideration of the adverse consequences
of the Title 42 policy, both to the asylum seekers and to the health of the U.S. public.
23. The CDC Declaration acknowledges that, notwithstanding COVID-19 variants, numerous
safety measures remain effective in preventing the transmission of COVID-19, including
in congregate settings. See, e.g., CDC Order at 7, 9, 13. Those measures including rapid
testing, quarantining, providing vaccines, masking, distancing, improving ventilation, and
others.
24. According to reports by advocates and the media,11 Defendants are carrying out “lateral”
expulsions, which involve flying or bussing untested migrants already in the United
States from one part of the border to another region before expelling them into Mexico.
25. We also understand from attorneys representing immigrants subject to Title 42 that some
of their clients are detained in congregate facilities for days or weeks, before they are
11
See, e.g., NBC News, Biden admin again flying migrants who cross border in one place
to another place before expelling them (June 18, 2021),
https://www.nbcnews.com/politics/immigration/biden-admin-again-flying-migrants-who-cross-
border-one-place-n1271211; Washington Post, Fewer migrant families being expelled at border
under Title 42, but critics still push for its end (June 13, 2021),
https://www.washingtonpost.com/immigration/fewer-migrant-families-being-expelled-at-border-
under-title-42-but-critics-still-push-for-its-end/2021/06/13/422c702c-c7cc-11eb-81b1-
34796c7393af_story.html; San Diego Union-Tribune, Biden expelling asylum-seeking families
with young children to Tijuana after flights from Texas (Apr. 9, 2021),
https://www.sandiegouniontribune.com/news/immigration/story/2021-04-09/biden-expelling-
families-tijuana.
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expelled from the United States, sometimes after testing negative for COVID-19 or after
completing quarantine or isolation. See, e.g., Hidalgo Decl. (ECF No. 57-8) ¶ 6; Levy
Decl. ¶ 30.
26. Such practices, if undertaken by the Department of Homeland Security, increase the risk
of transmission on both sides of the border, compared to actual public health strategies
such as testing and quarantining or offering vaccines to migrants and releasing migrants
from congregate settings.
27. Migrants in Mexico have also begun receiving COVID-19 vaccines since at least May
2021, according to multiple media reports.12 Like other vaccinated individuals, migrants
who have received a vaccine are extremely unlikely to transmit COVID-19, compared to
unvaccinated travelers who are permitted to cross the Southwest border daily.
28. There is no public health basis for expelling immigrant families, particularly those who
have been vaccinated against, tested negative for, or previously recovered from COVID-
19, while allowing hundreds of thousands of other travelers to enter the United States
daily via the Southwest border with no restrictions.
Immigrant Families Subject to Title 42 Are Not a Significant Source of COVID-19 in the
United States.
29. The CDC premised its Title 42 order on the need to prevent the “introduction” of
COVID-19 into the United States. CDC Order at 1.
30. In public health and epidemiology, “introduction” generally refers to first contact with a
disease in an area where it was previously unknown or undocumented.13
31. Since the first confirmed case of COVID-19 in January 2020, there have been nearly
36,000,000 confirmed cases of COVID-19 in the United States as of August 10, 2021.14
The actual number of infections is likely much higher.
12
Reuters, Mexico to vaccinate migrants in Baja California under new border initiative
(June 18, 2021), https://www.reuters.com/world/americas/mexico-vaccinate-migrants-baja-
california-under-new-border-initiative-2021-06-19/; Reuters, U.S. bound-migrants vaccinated for
COVID-19 in Mexican border city (May 6, 2021), https://www.reuters.com/world/americas/us-
bound-migrants-vaccinated-covid-19-mexican-border-city-2021-05-06/.
13
KE Nelson and CM Wilson [eds] (2007), Infectious Disease Epidemiology Theory and
Practice, 2nd Edition. Sudbury, MA: Jones and Bartlett.
14
CDC, United States COVID-19 Cases, Deaths, and Laboratory Testing (NAATs) by State,
Territory, and Jurisdiction (last updated Aug. 10, 2021), https://covid.cdc.gov/covid-data-
tracker/#cases.
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32. According to the CDC, there were over 91,000 new confirmed COVID-19 cases reported
on July 31, 2021, more than 80% of which were caused by the Delta variant.15 There is
no evidence that the Delta variant originated in a migrant crossing the Southwest border,
and, at this point, asylum-seeking families cannot meaningfully introduce the variant into
the United States, where it is already the dominant strain.
33. According to public data from CBP, the agency has expelled an average of 8,600 family
unit noncitizens per month in the last two months, or approximately 285 people per day.16
34. Even if 100% of those approximately 285 people per day were to test positive for
COVID-19 (which they will not), they would still represent only a negligible addition to
the more than 70,000 new cases that have been reported each day in the United States on
average over the most recent week.17
35. Given that noncitizen families represent a very small fraction of the hundreds of
thousands of inbound people allowed to cross the Southwest border each day (without
COVID-19 testing or vaccination requirements),18 even with entry to congregate
conditions, asylum seekers cannot plausibly constitute a meaningful additional COVID-
19 risk to the U.S. public. That minimal risk is further diminished by a majority of
Americans and a large majority of vulnerable age groups receiving COVID-19
vaccinations.
36. The minimal risk that those few asylum-seekers could infect others could be further
mitigated by a testing and quarantine process or via widely available vaccinations.
According to Defendants, DHS has already developed, in coordination with state, local,
and NGO partners, capacity to test, quarantine, or isolate noncitizen families. Shahoulian
Decl. ¶¶ 8–9. Apart from that capacity, noncitizen families can be directed to self-
quarantine with the help of their family, friends, or other sponsors in the United States. A
recent study found that “91.9% [of asylum seekers] have family or close friends who live
in the U.S.”19
15
CDC, Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by
State/Territory (last visited Aug. 10, 2021), https://covid.cdc.gov/covid-data-
tracker/#trends_dailytrendscases. CDC, Variant Proportions (last visited Aug. 10, 2021),
https://covid.cdc.gov/covid-data-tracker/#variant-proportions.
16
CBP, Southwest Land Border Encounters,
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters.
17
CDC, Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC
(last visited Aug. 10, 2021), https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases.
18
Department of Transportation, Border Crossing Entry Data (last visited Aug. 9, 2021),
https://explore.dot.gov/views/BorderCrossingData/Annual?:isGuestRedirectFromVizportal=y&:
embed=y.
19
U.S. Immigration Policy Center at UC San Diego, Seeking Asylum: Part 2 13(Oct. 29,
2019), https://usipc.ucsd.edu/publications/usipc-seeking-asylum-part-2-
final.pdf?fbclid=IwAR07M_jP1Wy8KIn85d0jnw0Kobiz-
MR7XeAIT77c9afuRInkd7sHL21FE1Q.
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37. Additional quarantine or isolation capacity can be acquired by expanding the use of hotel
or by utilizing temporary, mobile housing units that can be rapidly deployed by HHS and
CDC in coordination with local partners.
Defendants Make Misleading Claims About the Infection Risks That Agency Personnel
Face.
38. Defendants’ suggestion that CBP employees are at elevated risk for COVID-19 due to
contact with immigrants is unfounded.
39. If vaccinated with one of the widely available vaccines, CBP employees would be highly
unlikely to contract COVID-19 and develop symptomatic or serious illness.
40. Defendants assert that the rate of infection has been increasing among CBP officers,
despite significant numbers of fully vaccinated employees since January 2021. See ECF
No.113-1, ¶ 13. However, Defendants do not indicate whether any of the recently
infected CBP officers had been vaccinated, or whether any breakthrough infections had
led to serious disease. Moreover, Defendants’ infection figures appear to include all CBP
employees, including those who are not located at the Southwest border (or even in the
United States).20
41. Defendants also do not disclose how many CBP employees have actually been
vaccinated. We understand that the federal government has only recently required all
federal employees and contractors to either attest to vaccination, or otherwise comply
with testing and masking requirements.21 As more CBP employees get vaccinated or
begin to follow more rigorous testing and masking protocols, infection and
hospitalization rates should correspondingly decrease.
42. Because CBP employees are far more likely and able to be tested than the average
American citizen, the fact that 12.36% of CBP employees may have tested positive for
COVID-19 (as of February 15, 2021) compared to 8.16% nationally is not probative. See
ECF No. 76-2, ¶ 18. Indeed, a nationwide sero-prevalence survey conducted prior to the
availability of vaccines, suggested that 14.3% of the United States population had been
infected as of mid-November 2020, more than twice the number of confirmed cases.22
20
CBP, Agency COVID-19 Information (last updated Aug. 6, 2021),
https://www.cbp.gov/newsroom/coronavirus.
21
Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety
Principles (July 29, 2021),
https://www.saferfederalworkforce.gov/downloads/revised%20COVID19_Safe%20Federal%20
Workplace_Agency%20Model%20Safety%20Principles_20210728.pdf
22
Frederick J. Angulo, Estimation of US SARS-CoV-2 Infections, Symptomatic Infections,
Hospitalizations, and Deaths Using Seroprevalence Surveys, JAMA Network Open (Jan. 4,
2021), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7786245/.
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43. In fact, based on CBP’s latest public data, CBP employees have likely had a lower
incidence of confirmed COVID-19 cases compared to the overall adult population in the
United States. Between February 15 and August 6, 2021, 1,905 CBP officers tested
positive for COVID-19, out of 63,457 employees.23 Accordingly, approximately 3.00%
of CBP personnel contracted COVID-19 during that time. During that same period,
3.01% of adults in the United States tested positive for COVID-19.24 Because CBP
officers are tested more frequently than the average adult in the United States, the fact
that they have almost identical rates of confirmed cases suggests that CBP officers are
less likely to be infected with COVID-19 than the rest of the adult population in the
country.
44. The fact that CBP officers likely have a lower rate of infection compared to the American
public as a whole suggests that CBP is able to process immigrants safely, given
vaccinations and other mitigation measures, despite having to work in congregate settings
at times.
45. Notably, the CDC Order cites no evidence for its contention that the Title 42 policy has
“helped lessen the introduction, transmission, and spread of COVID-19 among border
facilities and into the United States while also decreasing the risk of exposure to COVID-
19 for DHS personnel and others in the facilities.” CDC Order at 15-16. Given the likely
lower incidence in CBP personnel, including during the asserted period of increased
facility crowding in 2021, this statement is likely incorrect.
Defendants Make Misleading Claims About the Risk of Infection Posed by Travelers from
Mexico.
46. Defendants note that Mexico has “had the third highest total number of deaths from
COVID-19 in the world,” Opp. at 4, which is no longer the case. Moreover, the statement
omits noting that the United States has reported the most COVID-19 deaths in the world
cumulatively and that the COVID-19 death rate on a per capita basis is nearly identical in
the US and Mexico.25
47. In any event, Defendants’ reliance on total deaths as a measure of infection risk is
misguided: National death counts vary depending on factors such as the quality of
23
See Miller Decl. (ECF No. 76-2) ¶ 18; CBP, Agency COVID-19 Information (last updated
Aug. 6, 2021), https://www.cbp.gov/newsroom/coronavirus.
24
CDC, Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by
State/Territory (last visited Aug. 10, 2021), https://covid.cdc.gov/covid-data-
tracker/#trends_dailytrendscases.
25
World Health Organization, WHO Coronavirus Disease (COVID-19) Dashboard (last
updated Aug. 10, 2021), https://covid19.who.int/table; Johns Hopkins University of Medicine
Coronavirus Resource Center, Mortality Analysis (last updated Aug. 10, 2021),
https://coronavirus.jhu.edu/data/mortality.
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medical care once infected and differences in population and demographics, none of
which reveals the likelihood that a traveler from Mexico is carrying the virus that causes
COVID-19. Not only is quality healthcare less accessible in Mexico, the Mexican
population also suffers from high rates of obesity and other chronic conditions that place
them at particular risk for severe illness and death from COVID-19.26
48. In the latest CDC Order, the only data that the agency cited regarding COVID-19
prevalence in Mexico show that the United States is experiencing more than twice as
many cases per capita compared to Mexico. CDC Order at 4. The Order also cites data
indicating that the recent rate of increase of confirmed COVID-19 cases in the United
States is three times higher than Mexico’s. Id.
49. While Defendants have previously asserted that Mexico is underreporting its COVID-19
cases and deaths, sero-prevalence studies, as explained in our initial declaration, confirm
that Mexico’s lower counts cannot be fully explained by differences in reporting. See
ECF No. 57-6, ¶ 24.
50. In short, the CDC has not provided any evidence or reason to believe that migrants
arriving from Mexico are more likely to have COVID-19 than the average person in the
United States.
26
Diego Rolando Hernández-Galdamez, et al., Increased Risk of Hospitalization and Death
in Patients with COVID-19 and Pre-existing Noncommunicable Diseases and Modifiable Risk
Factors in Mexico, Archives of Medical Research (July 22, 2020),
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7375298/.
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I, Sharmila Shetty, declare under penalty of perjury of the laws of the State of New York and the
United States of America that the foregoing is true and correct to the best of my knowledge and
belief.
Executed on August 10, 2021 in Massapequa Park, New York.
__________________________________
SHARMILA SHETTY
I, Stephen Patrick Kachur, declare under penalty of perjury of the laws of the State of New York
and the United States of America that the foregoing is true and correct to the best of my
knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
STEPHEN PATRICK KACHUR
I, Leslie Roberts, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Bocaranga, Central African Republic.
__________________________________
LESLIE ROBERTS
I, Bradley A. Woodruff, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Victoria, British Columbia, Canada.
__________________________________
BRADLEY A. WOODRUFF
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DECLARATION OF 32 MEDICAL AND PUBLIC HEALTH EXPERTS
The undersigned hereby declare:
1. We make this declaration based on our own personal knowledge and if called to testify
could and would do so competently and truthfully to these matters.
2. We have carefully reviewed the latest Title 42 order issued by the Centers for Disease
Control & Prevention (CDC) and conclude that it still does not provide adequate public
health justifications for expelling asylum-seeking families at the border. See CDC, Order
Suspending the Right to Introduce Certain Persons from Countries Where a
Quarantinable Communicable Disease Exists (Aug. 2, 2021) (hereinafter “CDC Order”),
https://www.cdc.gov/coronavirus/2019-ncov/downloads/CDC-Order-Suspending-Right-
to-Introduce-_Final_8-2-21.pdf.
3. Based on our professional opinion as epidemiologists, medical doctors, public health
experts, and former officials from the CDC, we believe that:
◼ Families seeking asylum at the southwest border can be admitted, processed, and
transported in a manner that safeguards public health, notwithstanding the COVID-19
pandemic and the currently circulating variants of the COVID-19 virus;
◼ Migrants are not responsible for increases in COVID-19 infections, nor did they
introduce the current variants into the United States;
◼ Processing of asylum seekers, with mitigation strategies, presents no greater risk than
that posed by countless activities currently allowed by the CDC (such as indoor
sporting events, dining, and concerts); and
◼ The CDC Order does not conclude that the processing of asylum seekers cannot be
done safely. Rather, the CDC has concluded that the Department of Homeland
Security (DHS) has not taken all of the recommended mitigation steps, despite having
had more than a year to do so.
NANCY GIMENA HUISHA-HUISHA, et al.,
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of Homeland
Security, in his official capacity, et al.,
Defendants.
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4. In short, the CDC Order is an indictment of the DHS’s yearlong failure to adopt
reasonable mitigation steps in order to safely process asylum-seeking families, and not a
conclusion by CDC that migrants present an unacceptable public health risk. The CDC
Order also makes clear that where the federal government has wanted to allocate
resources toward mitigation protocols for migrants entering the United States, it can do
so, as it did when it exempted unaccompanied minors from Title 42.
5. In its order, the CDC “recognizes [that] the availability of testing, vaccines, and other
mitigation protocols can minimize risk” of COVID-19 transmission during border
processing. CDC Order at 3. Thus, according to the CDC, the primary reason that
asylum-seeking families are still being subjected to Title 42 is because of DHS’s failure
to expand available mitigation measures:
CDC considers these efforts [to expand testing, consequence management,
and vaccination programs] to be a critical risk reduction measure and
encourages DHS to evaluate the potential expansion of such COVID-19
mitigation programs for [family units] such that they may be excepted
from this Order in the future.
Id. at 22. The CDC also stated that it “encourages DHS to develop such programs
as quickly as practicable.” Id.
6. The CDC further recognized that the federal government has successfully implemented
those mitigation steps in order to process unaccompanied children without posing “a
significant level of risk for COVID-19 spread into the community”—DHS simply has not
done the same for families. See id. at 17.
7. To date, Title 42 has not been lifted for any subset of asylum-seeking families, even
though the CDC has concluded that “[i]n light of available mitigation measures,” “the
gradual resumption of normal border operations under Title 8 is feasible” with “careful
planning.” Id. at 18.
8. Effective mitigation measures have enabled this country to re-open, return to in-person
schooling, travel, religious practice, indoor sporting events and other regular activities.
The risks from allowing migrants fleeing persecution and danger into the United States
are minimal considering the number of mitigation tools available, and certainly not
greater than risks associated with many activities that the CDC currently sanctions.
9. By utilizing highly effective vaccines and following the other practical mitigation
recommendations (set forth below), Defendants can ensure the health of government
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employees, noncitizens, and communities in the United States. These mitigation
concepts are not novel in the context of border processing.1
SARS-CoV-2 and Its Variants Do Not Provide a Public Health Basis to Exclude Asylum-
Seeking Families From the United States.
10. The CDC has recognized that mitigation strategies continue to be effective against all
known variants of the COVID-19 virus, including the Delta variant, the dominant strain
currently circulating in the United States. See, e.g., CDC Order at 7.
11. Title 42 expulsions at the southwest border cannot prevent the introduction of the Delta
variant into the country, because the variant is already widespread in the United States.2
12. There is no evidence that any of the four variants of concern to the CDC originated in a
person crossing the southwest border.3
Minimizing Transmission Risk During Border Processing.
13. A package of risk mitigation strategies is effective even if no individual strategy
completely blocks transmission on its own. By combining multiple strategies, including
vaccinations, testing, masking, ventilation, and sanitizing, Customs and Border Protection
(CBP) can safely process asylum-seeking families while minimizing transmission of
COVID-19.
14. On July 29, 2021, President Biden announced a requirement that millions of federal
employees and contractors be vaccinated or be subjected to rigorous safety protocols.4
15. Ensuring that only fully-vaccinated government agents are placed in migrant-facing roles
would largely eliminate the risks of serious illness, hospitalization, and death among
government personnel from COVID-19; it would also significantly reduce transmission
of SARS-CoV-2 between government personnel and migrants.
16. Offering COVID-19 vaccinations to migrants would further dampen cycles of
transmission. All migrants should be offered a vaccine when they come into CBP
1
Columbia Mailman School of Public Health, Public Health Recommendations for Processing Families,
Children and Adults Seeking Asylum or Other Protection at the Border (Dec. 12, 2020),
https://www.publichealth.columbia.edu/research/program-forced-migration-and-health/public-health-
recommendations-processing-families-children-and-adults-seeking-asylum-or-other.
2
See CDC, Variant Proportions (last updated Aug. 3, 2021), https://covid.cdc.gov/covid-data-
tracker/#variant-proportions.
3
See CDC, SARS-CoV-2 Variant Classifications and Definitions (last updated Aug. 3, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html.
4
The White House, Fact Sheet: President Biden to Announce New Actions to Get More Americans
Vaccinated and Slow the Spread of the Delta Variant (July 29, 2021), https://www.whitehouse.gov/briefing-
room/statements-releases/2021/07/29/fact-sheet-president-biden-to-announce-new-actions-to-get-more-americans-
vaccinated-and-slow-the-spread-of-the-delta-variant/.
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custody, or shortly after leaving CBP custody, regardless of whether or not they are
ultimately allowed to remain in the country.
17. The U.S. government has adequate vaccine supplies to take this step.5 DHS should also
offer vaccine information in multiple languages to increase vaccine uptake.
18. Vaccination programs for migrants arriving at the southwest border are reportedly being
considered by DHS and CBP and should be implemented immediately, as recommended
by the CDC.6 In the past, CBP has reportedly resisted the CDC’s recommendation to
vaccinate migrants, acting contrary to public health.7
19. In addition to vaccinations, transmission could be further reduced by maximizing outdoor
processing, such as by repurposing parking lots and other well-ventilated spaces. The
CDC Order noted that processing for Title 42 expulsions generally takes place outdoors.
CDC Order at 15. However, if CBP were to similarly shift processing for those allowed
to enter the country to outdoor settings or semi-outdoor spaces with open-sided
structures, transmission risk would be substantially reduced.
20. Even if congregate processing indoors were necessary, there are numerous safeguards
that minimize the risk of transmission in such settings.
21. For instance, as one layer of protection, indoor facilities can utilize air filtration or other
means of improving ventilation, such as reducing recirculation of air and opening
windows.
22. When families are indoors, transmission can be mitigated through masking, social
distancing, and hand-sanitizing, all of which remain effective against all known variants
of the COVID-19 virus. All building occupants could be instructed to wear masks in the
correct manner and to use surgical masks or respirators with better filtration instead of
cloth masks. See CDC, Improve the Fit and Filtration of Your Mask to Reduce the
Spread of COVID-19 (last updated Apr. 6, 2021), https://www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/mask-fit-and-filtration.html.
23. Mobile testing units deploying rapid antigen tests could be used to test individuals for
COVID-19 before they enter an indoor, congregate setting. According to the CDC, in
congregate settings, “rapid testing can be implemented to identify infected persons so
5
See, e.g., The White House, Fact Sheet: President Biden Announces Major Milestone in Administration’s
Global Vaccination Efforts: More Than 100 Million U.S. COVID-19 Vaccine Doses Donated and Shipped Abroad
(Aug. 3, 2021) (stating that United States government will deliver “hundreds of millions of more doses” to other
countries “in the coming weeks”), https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/03/fact-
sheet-president-biden-announces-major-milestone-in-administrations-global-vaccination-efforts-more-than-100-
million-u-s-covid-19-vaccine-doses-donated-and-shipped-abroad.
6
See The Washington Post, Biden administration preparing to offer vaccines to migrants along Mexico
border (Aug. 3, 2021), https://www.washingtonpost.com/national/biden-vaccines-migrants-
border/2021/08/03/afaff516-f471-11eb-83e7-06a8a299c310_story.html.
7
CNN, CDC urged US Customs and Border Protection to vaccinate migrants, but they rejected the idea
(Nov. 26, 2019), https://www.cnn.com/2019/11/26/health/cdc-vaccinations-migrants-border-patrol/index.html.
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they can be isolated until they no longer pose a risk of spreading infections.” CDC Order
at 9. The rapid testing could be part of the COVID-19 medical screenings and
temperature checks already conducted by CBP prior to taking noncitizens into custody.
Id. at 13.
24. Any individual who tests positive for COVID-19 from the antigen test should be
immediately referred for medical care and isolation while they await a PCR test to
confirm the COVID-19 diagnosis. CBP can work with local health authorities, shelters,
and humanitarian assistance organizations to find additional facilities, like unused
dormitory and hotel facilities, to allow such individuals to isolate and undergo additional
testing.
25. According to the CDC, CBP already has testing, quarantine, and isolation systems set up
for most family units, who are not typically detained. See id. at 14.
26. According to the CDC, CBP has already been implementing several other mitigation
strategies at its facilities. Id. at 13 (“CBP has implemented a variety of mitigation efforts
to prevent the spread of COVID-19 in [CBP] facilities. CBP has invested in engineering
upgrades, such as installing plexiglass dividers in facilities where physical distancing is
not possible and enhancing ventilation systems. All CBP facilities adhere to CDC
guidance for cleaning and disinfection. Surgical masks are provided to all persons in
custody and are changed at least daily and if or when they become wet or soiled.
Personal protective equipment (PPE) and guidance are regularly provided to CBP
personnel. Recognizing the value of vaccination, CBP is encouraging vaccination among
its workforce.”).
27. We are not aware of any reason that DHS could not take additional mitigation steps
beyond those it has already taken, if it were willing to allocate sufficient resources. Nor
does the CDC Order explain why DHS could not take such additional mitigation steps.
28. The above precautionary measures, combined with testing (including rapid testing),
quarantine, isolation, and vaccinations, provide multiple layers of protection against
transmission, minimize disease transmission, and enable asylum-seeking families to be
processed without posing a significant public health risk.
Minimizing Transmission Risk During Transport.
29. Mitigation strategies are effective in preventing transmission of COVID-19 when
asylum-seeking families have to be transported by CBP prior to release.
30. Ensuring that all migrant-facing CBP personnel are vaccinated and masked, and that all
noncitizens are tested prior to boarding, cohorted by COVID-19 status and known
exposure, and masked will significantly reduce transmission risk. These steps for
minimizing transmission during air and ground transportation are already outlined in
CDC guidance. See CDC, Interim Guidance for Transporting or Arranging
Transportation by Air into, from, or within the United States of People with COVID-19 or
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COVID-19 Exposure (Jan. 19, 2021), https://www.cdc.gov/quarantine/interim-guidance-
transporting.html.
31. Transmission risk can be further mitigated by using larger capacity vehicles, improving
ventilation by opening windows, minimizing recirculation of air by the heating/cooling
system, seating individuals in a socially distanced manner, and sanitizing vehicles
between uses.
32. In the event that a longer trip is necessary, vehicle occupancy can be reduced to mitigate
transmission risk.
Public Health Alternatives to Expulsion.
33. Expulsions magnify the risks of COVID-19 transmission to CBP personnel and border
communities.
34. Title 42 expulsions encourage repeat interactions between noncitizens and CBP.
According to CBP, “[t]he large number of expulsions during the pandemic has
contributed to a larger-than-usual number of noncitizens making multiple border crossing
attempts.” CBP, CBP Announces May 2021 Operational Update (June 9, 2021),
https://www.cbp.gov/newsroom/national-media-release/cbp-announces-may-2021-
operational-update. Noncitizens subject to expulsion are generally expelled across the
border into Mexico via the nearest port of entry. See CDC Order at 14.
35. According to CBP statistics, approximately 35-40% of noncitizens encountered at the
southwest border are repeat encounters. See CBP, CBP Announces June 2021
Operational Update (July 16, 2019), https://www.cbp.gov/newsroom/national-media-
release/cbp-announces-june-2021-operational-update. CBP, CBP Announces May 2021
Operational Update (June 9, 2021), https://www.cbp.gov/newsroom/national-media-
release/cbp-announces-may-2021-operational-update.
36. Rather than increasing transmission opportunities by multiplying the number of direct
interactions, DHS and CBP should implement proven public health strategies, such as
testing and quarantine and vaccination programs for migrants.
37. According to the CDC, a protocol for testing, quarantine, and vaccination (when age-
appropriate) has enabled unaccompanied children to be placed in congregate shelters or
released to sponsors (who can assist with compliance with medical guidance) “without
posing a significant public health risk.” CDC Order at 17.
38. The same can be done for asylum-seeking families, the overwhelming number of whom
have sponsors, family, or friends in the United States who can assist with compliance
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with medical and public health direction. A recent study found that “91.9% [of asylum
seekers] have family or close friends who live in the U.S.”8
39. According to the CDC, CBP has already developed partnerships “with state and local
agencies and non-governmental organizations to facilitate COVID-19 testing of
[families] upon release from CBP custody.” CDC Order at 14. Highly effective vaccines
are already available upon demand in the United States, free of charge, to all individuals
12 or older, in local pharmacies and other accessible locations.
40. To the extent that such resources for testing and quarantine are limited, DHS and HHS
should procure additional testing and quarantine capacity or provide funding to local and
state groups. The use of quarantine hotels or motels could be quickly scaled up or down
as needed.
41. Asylum-seeking families in the United States can also be directed to shelter in place at
their ultimate destinations.
42. Additionally, HHS and CDC should assist with expanding quarantine and isolation
capacity through the use of temporary or mobile housing units, in coordination with local
health authorities.
8
U.S. Immigration Policy Center at UC San Diego, Seeking Asylum: Part 2 13(Oct. 29, 2019),
https://usipc.ucsd.edu/publications/usipc-seeking-asylum-part-2-
final.pdf?fbclid=IwAR07M_jP1Wy8KIn85d0jnw0Kobiz-MR7XeAIT77c9afuRInkd7sHL21FE1Q.
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I, Joseph J. Amon, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Princeton, New Jersey.
__________________________________
JOSEPH J. AMON, PhD, MSPH
Director of Global Health
Clinical Professor, Community Health and Prevention
Dornsife School of Public Health, Drexel University
Former Epidemiologist, Epidemic Intelligence Service, Centers for Disease Control and
Prevention
I, Stefano M. Bertozzi, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 8, 2021 in Berkeley, California.
__________________________________
STEFANO M. BERTOZZI, MD, PhD
Dean Emeritus and Professor, Health Policy & Management
UC Berkeley School of Public Health
I, Jacqueline Bhabha, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Cambridge, Massachusetts.
__________________________________
JACQUELINE BHABHA
Professor of the Practice of Health and Human Rights, Harvard T.H. Chan School of Public
Health
Director of Research, François-Xavier Bagnoud Center for Health and Human Rights
Harvard University
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I, Ietza Bojorquez, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 8, 2021 in Tijuana, Mexico.
__________________________________
IETZA BOJORQUEZ, MD, PhD
Department of Population Studies, El Colegio de la Frontera Norte
Tijuana, BC, Mexico
I, Joanne Csete, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
JOANNE CSETE, PhD, MPH
Associate Professor
Columbia University Mailman School of Public Health
I, Charles Nicholas Cuneo, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Baltimore, Maryland.
__________________________________
CHARLES NICHOLAS CUNEO, MD, MPH
Assistant Professor of Medicine and Pediatrics
Johns Hopkins University School of Medicine (Division of Hospital Medicine, Pediatric Hospital
Medicine Division)
Johns Hopkins Bloomberg School of Public Health (Center for Public Health and Human Rights
– Migrant Health & Human Rights Program, Center for Humanitarian Health)
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I, Ayman El-Mohandes, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
AYMAN EL-MOHANDES, MBBCh, MD, MPH
Dean
CUNY Graduate School of Public Health & Health Policy
I, Eric Friedman, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 8, 2021 in Washington, DC.
__________________________________
ERIC A. FRIEDMAN
Global Health Justice Scholar
O’Neill Institute for National and Global Health Law
Georgetown University Law Center
I, Gregg Gonsalves, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New Haven, Connecticut.
__________________________________
GREGG GONSALVES, PhD
Associate Professor of Epidemiology
Yale School of Public Health
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I, Lawrence Gostin, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Washington, DC.
__________________________________
LAWURENCE GOSTIN
Linda D. & Timothy J. O’Neill Professor of Global Health Law
Faculty Director, O’Neill Institute for National & Global Health Law
Professor of Medicine, Georgetown University
Member of the National Academy of Medicine
I, M. Claire Greene, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in New York, New York.
__________________________________
M. CLAIRE GREENE
Postdoctoral Research Scientist
Columbia University Mailman School of Public Health
I, Michele Heisler, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Ann Arbor, Michigan.
__________________________________
MICHELE HEISLER, MD, MPA
Professor of Internal Medicine and Public Health
Co-Director, Michigan Center for Diabetes Translational Research (MCDTR—NIDDK
P30DK092926)
University of Michigan, Ann Arbor, MI
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I, Monik C. Jiménez, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Brimfield, Massachusetts.
__________________________________
MONIK C. JIMÉNEZ, ScD, SM, FAHA
Assistant Professor
Brigham and Women’s Hospital/Harvard Medical School
I, Stephen Patrick Kachur, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
_________________________________
STEPHEN PATRICK KACHUR, MD, MPH
Professor of Population and Family Health
Columbia University Mailman School of Public Health
Former Branch Chief, Malaria Branch, Centers for Disease Control and Prevention
I, Ameeta Kalokhe, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Atlanta, Georgia.
__________________________________
AMEETA KALOKHE, MD MSc
Associate Professor
Emory University School of Medicine, Division of Infectious Diseases
Emory Rollins School of Public Health, Department of Global Health
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I, Michel Khoury, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Atlanta, Georgia.
__________________________________
MICHEL KHOURY, MD
Assistant Professor, Department of Neurology, Emory University
Co-Director, Georgia Human Rights Clinic
I, William D. Lopez, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Ann Arbor, Michigan.
__________________________________
WILLIAM D. LOPEZ, PhD, MPH
Clinical Assistant Professor
University of Michigan School of Public Health
I, Terry McGovern, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
_________________________________
TERRY MCGOVERN, JD
Professor and Chair
Heilbrunn Department of Population and Family Health, Mailman School of Public Health,
Columbia University
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I, Rachel T. Moresky, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
RACHEL T. MORESKY, MD, MPH
Director, Columbia University sidHARTe - Strengthening Emergency Systems Program &
Global Emergency Medicine Fellowship
Associate Professor, Population and Family Health & Emergency Medicine Departments,
Columbia University Irving Medical Center
I, Katherine R. Peeler, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Boston, Massachusetts.
__________________
KATHERINE R. PEELER, MD, MA
Medical Expert, Physicians for Human Rights
Instructor of Pediatrics, Global Health and Social Medicine, and Bioethics, Harvard Medical
School
Medical Director, Harvard Students Human Rights Collaborative Asylum Clinic
I, Benjamin Pinsky, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in San Francisco, California.
BENJAMIN PINSKY, MD, PhD
Associate Director of Clinical Pathology for COVID-19 Testing
Director, Clinical Virology Laboratory
Stanford Health Care and Stanford Children’s Health
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I, Leslie (“Les”) Roberts, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Bocaranga, Central African Republic.
__________________________________
LESLIE ROBERTS, MPH, PhD
Professor of Population and Family Health
Columbia University Mailman School of Public Health
Former Epidemic Intelligence Service Officer and Senior Assistant Scientist, Centers for Disease
Control and Prevention
I, Goleen Samari, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
GOLEEN SAMARI, PhD, MPH, MA
Assistant Professor
Program on Forced Migration and Health
Columbia Mailman School of Public Health
I, John Santelli, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
JOHN SANTELLI, MD, MPH
Professor, Population and Family Health and Pediatrics
Mailman School of Public Health
Vagelos College of Physicians and Surgeons
Columbia University
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I, Anandi Sheth, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Atlanta, Georgia.
__________________________________
ANANDI SHETH, MD, MSc
Associate Professor
Emory University School of Medicine
I, Sharmila Shetty, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Massapequa Park, New York.
__________________________________
SHARMILA SHETTY, MD
Vaccines Medical Advisor,
Médecins Sans Frontières – Access Campaign
Former Epidemiology Lead, Global Rapid Response Team, Centers for Disease Control and
Prevention
I, Paul B. Spiegel, declare under penalty of perjury of the laws of the United States of America
that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Baltimore, Maryland.
__________________________________
PAUL B. SPIEGEL, MD, MPH
Professor of Practice and Director
Johns Hopkins Bloomberg School of Public Health, Center for Humanitarian Health
Former Medical Epidemiologist, International Emergency and Refugee Health Branch,
Centers for Disease Control and Prevention
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I, Ronald Waldman, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Washington, DC.
__________________________________
RONALD WALDMAN, MD, MPH
Professor Emeritus of Public Health
Milken Institute School of Public Health
The George Washington University
Former Director, Technical Support Division, International Health Program Office, Centers for
Disease Control and Prevention
I, Bradley A. Woodruff, declare under penalty of perjury of the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 11, 2021 in Victoria, British Columbia, Canada.
__________________________________
BRADLEY A. WOODRUFF, MD, MPH
Consultant, UNICEF, WHO, WFP
Former Senior Medical Epidemiologist and Acting Chief of International Emergency and
Refugee Health Branch, Centers for Disease Control and Prevention
I, Monette Zard, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in New York, New York.
__________________________________
MONETTE ZARD, MA
Allan Rosenfield Associate Professor of Forced Migration and Health
Director of the Forced Migration and Health Program
Heilbrunn Department of Population and Family Health
Columbia University Mailman School of Public Health
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I, Amy Zeidan, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 10, 2021 in Atlanta, Georgia.
__________________________________
AMY ZEIDAN, MD
Assistant Professor of Emergency Medicine
Co-Director, Georgia Human Rights Clinic
Emory University School of Medicine
I, Jon Zelner, declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct to the best of my knowledge and belief.
Executed on August 9, 2021 in Ann Arbor, Michigan.
__________________________________
JON ZELNER, PhD
Assistant Professor
Dept. of Epidemiology
Center for Social Epidemiology and Population Health (CSEPH)
University of Michigan School of Public Health
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1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SECOND DECLARATION OF MING CHEUNG
I, Ming Cheung, hereby declare:
1.
I am an attorney at the American Civil Liberties Union Foundation Immigrants’ Rights
Project, and am counsel for Plaintiffs in this case.
2.
Attached as Exhibit A is a copy of an excerpt of the 1835 Statutes at Large of South
Carolina (No. 2653, An Act More Effectually to Prevent Free Negros and Other Persons of Color
From Entering Into This State; And For Other Purposes), available at Thomas Cooper, Editor;
McCord, David, Editor, Statutes at Large of South Carolina (1836-1873), at 470-74, as
downloaded from the HeinOnline database.
3.
Attached as Exhibit B is a copy of an excerpt of the 1842 Code of Mississippi (Art. 17,
An Act to Amend the Several Acts of this State in Relation to Free Negroes and Mulattoes (Feb.
26, 1842)), available at A. Hutchinson, Code of Mississippi: Being an Analytical Compilation of
the Public and General Statutes of the Territory and State, with Tabular References to the Local
and Private Acts, from 1798 to 1848 (1798-1848), at 537-40, as downloaded from the
HeinOnline database.
NANCY GIMENA HUISHA-HUISHA, et al.,
Plaintiffs,
v.
ALEJANDRO MAYORKAS, Secretary of Homeland
Security, in his official capacity, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
No. 21-cv-00100-EGS
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2
I, Ming Cheung, declare under penalty of perjury of the laws of the State of New Jersey and the
United States of America that the foregoing is true and correct to the best of my knowledge and
belief.
Executed on August 10, 2021, in Jersey City, New Jersey.
__________________________________
MING CHEUNG, ESQ.
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Exhibit A
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STATUTES AT LARGE
A. 1). 1835.
Acts relating to Slaves.
abetting, where any game of chance is played, as aforesaid, such person,
upon conviction thereof, by indictment, shall be whipped, not exceeding
thirty-nine lashes, and fined and imprisoned at the discretion of the court
trying such person.
VII. This Act shall take effect from the first day of April next.
In the Senate House, the seventeenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-four, and in the fifty-ninth year of the Indepen-
deuce of the United States of America.
H. DEAS, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
No. 2653. AN ACT nonim EFFECTUALLY TO PREVENT FREE NEGROES AND OTHER
PERSONS OF COLOR FROM ENTERING INTO THIS STATE; AND FOR OTH-
ER PURPOSES.
I. Be it enacted by the Senate and House of Representatives, now met
Prohibiting
and sitting in General Assembly, and by the authority of the same, That
their entrance from and after the passing of this Act, it shall not be lawful for any free
into this State. negro or person of color to migrate into this State, or be brought or intro-
duced into its limits, under any pretext whatever, by land or by water.
And in case any free negro or person of color, (not being a seaman on
board any vessel arriving in this State,) shall migrate into, or be introduced
into, this State, contrary to this Act, it shall and may be 1Lwful for any
white person to seize and convey him or her before any magistrate of the
Duty ofofficers district or parish where he or she may be taken; and it shall be the duty of
upon informa- the sheriff or any constable in the parish or district in which said entry shall
tion.
be made, and of the city marshalls in the city of Charleston, should the entry
be made in Charleston, upon information of the migration or introduction
of any such free negro or person of color, to arrest and bring before some
magistrate of the district or parish where the said free negro or person of
color shall be taken; which magistrate is by this Act empowered to commit
to prison, or, at his discretion, to hold to bail, such free negro or person of
color, and to summon three freeholders and form a court, as the law directs
for the trial of persons of color, and examine such free negro or person of
color, within six days after his or her arrest, and, on conviction, to order him
or her to leave the State, and to commit such free negro or person of color
so convicted, to close prison, until such time as he or she can leave the
State; or to release him or her on sufficient bail, for any time not exceed.
Penalty for not ing fifteen days, at the discretion of the magistrate.
And every free negro
leaving the
or person of color so bailed, and ordered to leave the State, as aforesaid,
who shall not have left the State within the time for which he or she shall
have been released on bail, or who, having left the State after conviction
as aforesaid, shall return into the same, shall be arrested and committed to
close prison as aforesaid; and upon proof before a court, to be constituted
as this Act directs, of his or her having failed to leave the State as aforesaid,
or of his or her having returned into the State after having left the same
as aforesaid, he or she shall be subjected to such corporal punishment as
470
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Acts relating to Slaves.
A. D. 1835.
the said court in their discretion shall think fit to order.
And if, after said
sentence or punishment, such free negro or person of color shall still remain
in the State longer than the time allowed, or having left the State, shall
thereafter return to the same, upon proof and conviction thereof, before a
court to be constituted as hereinbefore directed, he or she shall be sold at
public sale as a slave; and the proceeds of such sale shall be appropriated
and applied, one half thereof to the use of the State, and the other half to
the use of the informer.
II. And be it .further enacted by the authority aforesaid, That it shall Sherifs duty.
not be lawful for any free negro or person of color to come into this State
on board any vessel, as a cook, steward or mariner, or in any other employ-
ment on board such vessel; and in case any vessel shall arrive in any port
or harbour of this State, from any other State or foreign port, having on
board any free negro or person of color, employed on board such vessel, as a
cook, steward or mariner, or in any other employment, it shall be the duty
of the sheriff of the district in which such port or harbour is situated, im-
mediately on the arrival of such vessel, to apprehend such free negro or
person of color, so arriving contrary to this Act, and to confine him or her
closely in jail, until such vessel shall be hauled off from the wharf, and ready
to proceed to sea.
And that when said vessel is ready to sail, the captain
of the said vessel shall be bound to carry away the said free negro or per.
son of color, and to pay the expenses of his or her detention.
And in
every such case, it shall be the duty of the sheriff aforesaid, immediately
on the apprehension of any free negro or person of color, to cause said
captain to enter into a recognizance, with good and sufficient security, in
the sum of one thousand dollars for each free negro or slave so brought or
introduced into this State, that he will comply with the requisitions of this
Act; and that on his neglect, refusal or inability to do the same, he shall
be compelled by the sheriff aforesaid, to haul said vessel into the stream,
one hundred yards distance from the shore, and remain until said vessel shall
proceed to sea.
And if said vessel shall not be hauled off from the shore Penalty on
as aforesaid, on the order of the sheriff aforesaid, within twenty-four hours neters of ve.
after the said order, the captain or commanding officer of said vessel shall
be indicted therefor, and, on conviction, forfeit and pay one thousand dol.
lars, and suffer imprisonment not exceeding six months.
III. Andbe it further enacted by the authority aforesaid, That whenever
any free negro or person of color shall be apprehended and committed to Sheriff's duty.-
jail, as having arrived in any vessel in the capacity of cook, steward, mari-
ner, or otherwise, contrary to this Act, it shall be the duty of the sheriff,
during the confinement in jail of such free negro or person of color, to call
upon some justice of the peace or quorum, to warn such free negro or per-
son of color, never to enter the said State, after he or she shall have depart.
ed therefrom; and such justice of the peace or quorum, shall, at the time
of warning such free negro or person of color, insert his or her name in a
book to be provided for that purpose by the sheriff, and shall therein specify
his or her age, occupation, height, and distinguishing marks; which book
shall be good and sufficient evidence of such warning. And said book shall
be a public record, and be subject and open to the examination of all persons
who may make application to the clerk of the court of general sessions, in
whose office it shall be deposited.
And such justice shall receive the sum
of two dollars, payable by the captain of the vessel in which said free Justice's fees,
negro or person of color shall be introduced into this State, for the services
rendered in making said entry.
And every free negro or person of
471
OF SOUTH CAROLINA.
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STATUTES AT LARGE
A. D. 1835.
Acts relating to Slaves.
color, who shall not depart the State, in case of the captain refusing or
neglecting to carry him or her away, or having departed, shall ever again
enter into the limits of this State, by land or by water, after having been
warned as aforesaid, shall be dealt with as the first section of this Act di-
rects in regard to persons of color who shall migrate or be brought into
this State.
IV. And be it further enacted by the authority aforesaid, That it shall
not be lawful for any master or captain of any vessel, or for any other
Penalty for in-person, to introduce or bring into the limits of this State any free negro or
troducing free
negroes and
person of color, as a passenger, or as a cook, mariner, steward, or in any
persons of
other capacity, on board of such vessel, whose entrance into this State is
into this prohibited by this Act.
And if any master or captain of any such vessel,
as aforesaid, shall bring in or introduce into this State any such free negro
or person of color, whose entrance is prohibited as aforesaid, or if any other
person shall introduce by land, as a servant, any free negro or person of color,
every such person shall, for the first offence, be indicted therefor, and on
conviction, be fined in a sum not exceeding one hundred dollars; and for
the second offence, be liable to forfeit and pay, for each free negro or per-
son of color so brought into this State, the sum of one thousand dollars;
and shall, moreover, be liable to be imprisoned for any term of time not
exceeding six months.
And such free negro or person of color, so intro-
duced, whose entrance into this State is prohibited as aforesaid, shall be
dealt with as is prescribed in the first section of this Act.
V. And be it further enacted by the authority aforesaid, That it shall
Penalty fcr re- not be lawful for any free negro or person of color, who has left the State
turning, after
t
leaving the
at any time previous to the passing of this Act, or for those who may here-
State.
after leave the State, ever to return again into the same, without being
subject to the penalties of the first section of this Act, as fully as if they
had never resided therein.
VI. And be it further enacted by the authority aforesaid, That it shall
Not lawful to not be lawful for any citizen of this State, or other person, to bring into this
bring slaves
State, under any pretext whatever, any slave or slaves from any port or place
from foreign
in the West Indies, or Mexico, or any part of South America, or from Europe,
parts.
or from any sister State situated to the North of the Potomac river, or the
Slaves taken city of Washington.
Neither shall it be lawful for any person to bring in-
out of the state to this State, as a servant, any slave who has been carried out of the same,
cannot be
if, at any time during the absence of such slave from this State, he or she
brought back
'
again.
hath been in ports or places situated in Europe, in the West Indies, or
Mexico, or any part of South America, or in any State north of the Poto-
mac, or city of Washington; and any person who shall bring into
this State any slave, contrary to the meaning of this Act, shall forfeit and
pay the sum of one thousand dollars for each such slave, to be recovered in
an action of debt, in any court having jurisdiction; and each and every
such slave shall be forfeited as is hereinafter provided by this Act : Provi-
ded, that nothing herein contained shall prevent any owner from bringing
into the State any runaway slave who may have been re-taken.
VII. And be it further enacted by the authority aforesaid, That it shall
and may be lawful for any white person, on the arrival of any slave into
this State from any other State or foreign port, to arrest and carry him or
her before some magistrate of the district or parish where he or she may
be taken; and it shall be the duty of the sheriff or any constable of the
district or parish into which such slave shall be brought, as aforesaid, on
information given, to arrest any slave arriving, brought or introduced into
472
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Acts relating to Slaves.
A. 1). 1835.
this State from any other State or foreign port, and carry him or her before The power to
some magistrate, as aforesaid, who shall forthwith commit such slave or arrest.
slaves to prison, and there keep him or her until the owner or person intro.
ducing such slave or slaves into this State shall make oath, that at no time
during the absence of such slave or slaves from this State, he, she or they
have been in any port or place prohibited by this Act.
And should such
owner or person introducing such slave or slaves, neglect or refuse to make
such oath, for the space of ten days after he or she shall have received no-
tice of the arrest of such slave or slaves, and of the cause thereof, it shall
be the duty of the magistrate aforesaid, to form a court of two magistrates Method of
and five freeholders, and on proof, to the satisfaction of such court, that frming court.
such slave or slaves have been beyond the limits of this State, and that such
owner or person who shall have introduced them into this State, as afore-
said, after having been duly served with the notice of such slave or slaves
having been arrested, as aforesaid, and of the cause of such arrest, has ne-
glected or refused to make oath, as aforesaid, it shall then be lawful
for said court to order the said slave or slaves to be sold at public sale, and
the proceeds of such sale shall go and be appropriated, one half to the
State, and the other half to the use of the informer.
VIII. And be it further enacted by the authority aforesaid, That all
free negroes and persons of color, and all other persons, shall be exempted cases of ex-
from the operation of this Act, where such free negroes or persons of co- ception,
lor, and slaves, have arrived within the limits of this State by shipwreck,
stress of weather, or other unavoidable accident.
But such free negroes or
persons of color, and slaves, shall be, nevertheless, liable to arrest and im-
prisonment, as is provided by the second section of this Act for all free
negroes or person of color migrating or introduced into this State contrary
to law; and each free negro or person of color, and slaves, and all other
persons, shall be subject to all the other penalties of this Act, if the requi.
sitions of the same be not complied with within thirty days after such ship.
wreck, stress of weather, or other unavoidable accident.
IX. And be it further enacted by the authority aforesaid, That this
Act shall not extend to free negroes or persons of color who shall arrive Cases of e-
in any port or harbor of this State, as cooks, stewards, mariners, or as ception.
otherwise employed in any vessel of war of the United States navy, or on
board of any national vessel of the navies of any of the European or other
powers in amity with the United States, unless said free negroes or persons
of color shall be found on shore after being warned by the sheriff or his
deputy to keep on board their vessels.
Nor shall this Act extend to free
American Indians, free Moors or Lascars, or other colored subjects of
countries bepond the cape of Good Hope, who may arrive in this State in
any merchant vessel.
X. And be it further enacted by the authority aforesaid, That in case
any master or mate of any vessel, on his arrival, shall make any false re. Penalty for
turn to the sheriff, or his deputy, of the number of persons he may have on faise return..
board, whose entrance may be prohibited by this Act, he shall forfeit and
pay the sum of one thousand dollars, to be recovered by an action of debt,
in any court having jurisdiction.
Andany master of a vessel, or other
person, opposing the sheriff or his deputy, or any constable or marshal, in
the execution of his duty under this Act, and all persons aiding and abet.
ting him therein, shall be liable to be indicted, and, on conviction, fined
not exceeding one thousand dollars, and be imprisoned not exceeding six
mionths.
VOL, VI.-60.
478
OF SOUTH CAROLINA.
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STATUTES AT LARGE
A. D.IJs
Acts relating to Slaves.
XI. And be it further enacted by the authority aforesaid, That any
ens oves sheriff) constable or marshal, who shall wilfully neglect or refuse to per.
eels for false form the duties required by this Act, shall forfeit and pay five hundred dol-
returns.
lars, one half to the informer, and the other half to the use of the State, to
be recovered by action of debt, in any court having jurisdiction.
XII. And be it further enacted by the authority aforesaid, That all
prosecutions under this Act may be maintained without limitation of time.
Provided, however, that no prosecution shall be permitted against the mas-
ters of vessels, or any other white persons from any part of the United
States, in less than three months, or against captains of vessels from foreign
ports in less than six months, after the passing of this Act.
XIII. And be it further enacted by the authority aforesaid, That so much
Repeal of re- of an Act passed on the twentieth day of December, one thousand eight
pugnant Acts. hundred and twenty, entitled "An Act to restrain the emancipation of
slaves, and to prevent free persons of color from entering into this State;
and for other purposes;" and also so much of another Act, passed on the
twenty-first day of December, one thousand eight hundred and twenty-two,
entitled "An Act for the better regulation and government of free negroes
and persons of color, and for other purposes," as are repugnant to this
Act, and so much thereof as makes it the duty of the barbor-master to re-
port to the sheriff the arrival of all free negroes in the harbor of Charles-
ton; and also an Act passed on the twentieth day of December, one thou-
sand eight hundred and twenty-three, entitled "An Act the more effectual-
ly to prohibit free negroes and persons of color from entering into this
State, and for other purposes," be, and the same are hereby, repealed.
XIV. And be it further enacted by the authority aforesaid, That no
Not permitted free negro or other free person of color shall carry any fire-arms, or other
to carry fie-
.
arms,
military or dangerous weapons abroad, except with a written ticket from
his or their guardian, under pain of forfeiting the same, and being fined or
whipped, at the discretion of any magistrate and three freeholders before
whom he or they may be convicted thereof. Nor shall any free person of
color be hereafter employed as a pioneer, though he may be subjected to
military fatigue duty when called on.
In the Senate House, the nineteenth day of December, in the year of our Lord one thou-
sand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty
and Independence of the United States of America.
H. DEAS, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives.
474
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Exhibit B
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Ch. 37. Master and Servant, S72aes, ljc.
ART. 15. Amendment of Article Two-Feb. 16, 1839.
§ 1, 2, 3. Penalties for Harboring Slave.
Any free white person who shall
be convicted of secretly harboring a slave or slaves without the consent of is,
her, or their owner, employer or overseer, shall be fined, for each such slave or
slaves so harbored, in a sum not more than five hundred dollars, nor less than
two hundred dollars, to be recovered before any court having competent juris-
diction; one moiety of which shall be paid into the county treasury of such
county in which said offence shall have been committed, and the other moiety
to the owner or employer of such slave or slaves for the time being; and
further, be imprisoned not less than one nor more than six months, at the dis-
cretion of the court.
Any Indian, free negro, or mulatto, who shall be guilty of so secretly harbor-
ing any slave or -slaves as aforesaid, upon conviction thereof before any court
having competent jurisdiction, shall, for each and every such offence, forfeit
and pay to the owner or employer of such slave or slaves for the time being,
the sum of fifty dollars, together with all costs; and, further, be imprisoned not
less than three nor more than six months, at the discretion of the court.
Any slave or slaves who shall be convicted of a like offence, before any jus-
tice of the peace, he, she, or they shall receive such corporeal chastisement, not
exceeding thirty-nine lashes, as shall be directed by the justice of the peace of
before whom such slave may be brought.
ART. 16. An Act defining the Duties of Sheriffs in Relation to Runaway
Slaves-Feb. 16, 1839.
It shall hereafter be the duty of the sheriffs of the different counties of this
state, that, when any slave or slaves shall be taken up as runaways and com-
mitted to jail, within ten days thereafter to forward to the public printer of this
state an advertisement, giving a particular description of such slave or slaves;
and it shall be the duty of the public printer to give to said advertisement two
insertions in the said paper; and it is hereby made the duty of the sheriff,
when said slave or slaves be proven or sold, as the case may be, to retain the
amount of the said printer's fees, subject to his order.
See a. 22.
ART. 17. An Act to amend the several Acts of this State in Relation to free
Negroes and Mulattoes-Peb. 26, 1842.
§ 1. Proceedings against those unlawfully here. It shall be the duty of any
justice of the peace, and he is hereby authorized, at the request of any free-
holder of his county, to cause any free negro or mulatto, unlawfully within this
state, to be brought before him, and give good and sufficient security in the
sum of one hundred dollars, that he or she will be of good behavior while in
this state, and if any such free negro or mulatto shall refuse or fail for the space
of two days to give such security, it shall be the duty of such justice to commit
such free negro or mulatto to jail, and the sheriff of such county shall advertise
and sell the same in the manner provided by law.
2. Of emancipated Negroes. In all cases when any person hath sent or ta-
ken any slave from this state, and hath emancipated such slave, or caused such
slave to be emancipated without this state, or shall hereafter do so, and such
slave shall, after such emancipation, be found within this state, such person
shall forfeit, and are hereby declared to have forfeited, all right or title to pro-
tect such emancipated slave from incurring all the penalties of this Act, or
537
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Ch. 37. Master and Servant, Slaves, 4c.
from being proceeded against as a free negro or mulatto unlawfully within this
state : Provided, Such emancipation takes place after the passage of this Act.
3. Free Negroes may not emigrate to this State. From and after the passage
of this Act, it shall not be lawful for any free 1 egro or mulatto to emigrate into
this state or be brought or introduced into its limits under any pretence what-
soever, by land or by water; and in case any free negro or mulatto shall emi-
grate into, or be introduced into this state contrary to this Act, it shall and
may be lawful for any white citizen of this state to seize and convey him or her
before some justice of the peace in the county in which such free negro or mu-
latto may be found; and it shall be the duty of the sheriff or any constable of
such county, upon information of the emigration or introduction of any such
free negro or mulatto, to arrest him or her, and bring him or her before some
justice of the peace of their county, which justice of the peace is hereby au-
thorized and empowered, on the conviction of such free negro or mulatto of
having so emigrated into this state, to order such free negro or mulatto to re-
ceive any number of lashes not exceeding thirty-nine, and to leave this state
within twenty days; and it shall be the duty of the sheriff of such county or
any constable to whom an order may be delivered by such justice, to inflict
such corporeal punishment on such free negro or mulatto; and if such free ne-
gro or mulatto shall not remove from this state within the time aforesaid, or
having so removed, shall again return to this state, such free negro or mulatto
shall be taken and commited to jail, and sold in the same manner as is directed
by law.
4. Penalty against Captains, 4-c., of Water Craft for introducing them.
It shall not be lawful for any captain, master, or owner of any vessel, steam-
boat, flatboat, or other water craft, or for any other person, to introduce or
bring into the limits of this state, any free negro or mulatto, as a passenger, or
as a cook, mariner, steward, or in any other capacity; and if any captain,
master, or owner of such vessel, steamboat, flat or other water craft, or any other
person, shall bring or introduce into this state any free negro or mulatto, every
such person shall, for the first offence, be indicted therefor, and on conviction,
be fined in a sum not exceeding five hundred dollars, and for the second offence,
shall be fined in the sum of one thousand dollars, and be imprisoned for any
term of time not exceeding six months.
5. Duty of Sheriffs, 4-c., in such case. It shall be the duty of any sheriff
or constable within this state, who may be informed, or believes that any negro
or mulatto, landing or coming into his county, is a free negro or mulatto, un-
lawfully within this state, to seize such negro or mulatto and carry the same
before some justice of the peace of his county, to be dealt with according to
the provisions of this Act, or the several laws now in force against free negroes
and mulattoes; unless the owner or master of such negro or mulatto, or the
person having the custody, care, or control of such negro or mulatto shall
make oath before some justice of the peace, or before such sheriff or constable,
which oath such sheriff or constable is hereby authorized, and upon the request
of such master, owner, or other person, required to administer, that such negro
or mulatto is a slave; and if any person making such oath shall swear falsely,
he shall be deemed and held guilty of perjury, and, upon conviction thereof,
shall be imprisoned in the penitentiary of this state for a term of not less than
five nor more than ten years.
6. Allowance to Sheriff, 4-c., under this Act-Penalty for his Neglect.
Sheriffs, jailors, and constables, and other officers, shall receive for the services
required of them by this Act, to be paid out of the county treasury, upon the
order of the board of police of their county, such fees as the said police may
588
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Ch. 37. Master and Servant, Slaves, 4'c.
order or allow; and any sheriff, jailor, or constable, or other officer, who shall
fail or refuse to discharge any of the duties required of him by this Act, shall,
for every such failure and refusal, forfeit and pay to the state the sum of one
hundred dollars, to be recovered by action of debt in the name of the state, Pr
by motion for the use of the state, in any court having cognizance thereof.
See a. 19.
7. Not over Six to be quartered beyond a Mile from Owner's Residence.
From and after the first day of May next, it shall not be lawful for any person,
being the owner or employer of any such slaves, to keep or suffer any such
slaves, exceeding six in number, to be quartered or to reside at any distance
greater than one mile from the residence of such person, unless such person
shall keep and employ with such slaves, as an overseer, a white male person
capable of performing patrol duty.
S. How quartered in a Town. It shall not be lawful for any person, being
the owner or employer, or having the care or control of any slave or slaves,
after the first day of May next, to permit or suffer any such slave or slaves to
reside or be quartered in any lot or in any house in any incorporated town
or city in this state, unless such lot is immediately connected with the lot upon
which is the usual dwelling house and residence of such person, or unless the
house upon which such slaves reside, or are quartered, is upon such lot.
9. Penalty for Violation of 7th and Sth Sections. Any person who shall
offend against either of the two last preceding sections of this Act, shall be
guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum
not less than five hundred dollars, nor exceeding one thousand dollars.
10. Act given in charge to Grand Jury. The judges of the Circuit Courts
shall give the three last preceding sections of this Act in charge to the grand
jury at each term of the Circuit Courts by them holden.
11. Not Lawful to Emancipate by last Will-In Cases heretofore with Pro-
visos. Hereafter it shall not be lawful for any person, by last will or testa-
ment, to make any devise or bequest of any slave or slaves for the purpose of
emancipation, or to direct that any slave or slaves shall be removed fiom this
state for the purpose of emancipation elsewhere; and in all cases of will here-
tofore made and admitted to Probate within this state, whereby any slaves
have been directed to be removed from this state for the purposes of emanci-
pation elsewhere, or whereby any slave or slaves have been devised or be-
queathed in secret trust for such purpose, unless such slaves shall be removed
from this state within one year after the passage of this Act, it shall not be
lawful for the executor or executors of such last will or testament, or the per-
son or persons having possession of such slave or slaves, under the pro-
visions of such will, so to remove such slave or slaves; but the same shall
descend to, and be distributed amongst, the heirs at law of the testator, or be
otherwise disposed of according to law, in the same manner as if such tes-
tator had died intestate: Provided, however, That if such executor or other
person having such possession, shall be prevented or restrained within the said
time of one year from such removal by injunction or other legal process, or
otherwise, the time during which such restraint shall continue or exist, shall
not be taken or computed as any part of the said time of one year: And pro-
vided, further, That it shall be competent for any person or persons, being the
owner of any slave or slaves, by last will and testament, to direct his, her, or
their executor or executors, to emancipate any such slave or slaves, for meri-
torious services rendered to his, her, or their owner or owners, upon such con-
ditions as shall be prescribed by the legislature of the state, to which such last
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Ch. 37. Master and Servant, Slaves, 0.
will and testament shall be referred for approval before any such devise, be-
quest, or direction shall be carried into effect.
ART. 18. Act of July 25,1843 .. 109.
The first and second sections gave to the Board of Police of Warren
and Adams, the power to license certain free persons of color to reside in
Vicksburgh and Natchez on proof of good character, and that a majority
of the citizens desired it-reserving to the Board the power of expulsion-
then followed,
§ 3. Like Power to Boards generally. The Board of Police of any of the
counties in this state shall have the same powers and privileges in relation to
free persons of color residing within their respective counties, as are con-
ferred by this Act on the police courts of the counties of Warren and Adams:
Provided, That said Boards of Police shall not have the power to grant
license to any free negroes or mulattoes that are not residents of the state at
this time.
ART. 19. An Act to Amend the Sixth Section of an Act entitled an Act to
Amend the several Acts of the State Relating to Free Negroes and Mulat-
toes-Feb. 23, 1844.
Allowances to Sheriff, Jailor, or Constable. The sixth section of an Act
entitled an Act to amend the several Acts of this state in relation to free
negroes and mulattoes, approved February the 28th, 1842, be so enlarged and
construed as to authorize the Boards of Police of the several counties in this
state to make the same allowance to sheriffs, jailors, and constables, of fees for
services rendered under the several Acts to which said Act is an amendment,
as they are authorized to allow for services rendered by such officers under
said amended Act by said sixth section.
ART. 20. An Act to Secure to the Owners of Slaves executed by Sentence of
Law, Compensation for the same-Feb. 18, 1846.
§ 1. Half Value of Condemned Slave paid to Owner by State. One half of
the value of any slave or slaves hereafter condemned to die, by the sentence of
any court of competent jurisdiction within this state, and who shall suffer
death accordingly, shall be paid to the owner out of the State Treasury.
Repealed, as to non-resident owners, by a. 24.
2. Value of such Slave, how found. Before any judge of this state shall pass
sentence of death upon any slave found guilty of capital crime, by the verdict
of a jury, such judge shall cause the sheriff of the county in which such slave
was found guilty, to summons five slave-holders to appear in court at the time
specified in said summons, which said slave-holders, or any three of them, shall
then and there find the value of such slave, so condemned and to be sentenced,
and shall certify the same under their hands and seals to said court.
3. Copy of Valuation, 4-c., to be presented to Auditor. A copy of the certifi-
cate of the value so fixed by said slave-holders, as aforesaid, certified by the
clerk of the court to which it was returned, together with an endorsement
thereon of the pheriff of the county, that the slave mentioned therein has been
duly executed according to the judgment and sentence of the court, on pre-
sentation to the Auditor of Public Accounts, shall authorize him to issue his
warrant on the Treasurer in favor of the person or persons entitled to the same,
for one half the value so found of said slave, to be paid out of any money in
the Treasury, not otherwise appropriated.
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DECLARATION OF LINDA RIVAS
I, Linda Rivas, pursuant to 28 U.S.C. § 1746, declare as follows:
Summary
1. Through my work as an immigration attorney and Executive Director of a non-profit I
have seen the grave harm caused to families and individuals expelled under Title 42.
Families experience extortion, kidnapping, rape, and other violence after being expelled.
Despite those harms, the government has failed to utilize the El Paso shelter system,
complete with COVID-19 protocols, and instead continues to expel families directly into
harms way. Asylum seekers should be processed into the United States, and we have the
capacity to receive them, consistent with public health protocols.
Qualifications
2. I am the Executive Director of the Las Americas Immigrant Advocacy Center (“Las
Americas”) in El Paso, Texas.
3. Las Americas is a 501(c)(3) nonprofit organization based in El Paso, Texas providing
free and low-cost legal services to immigrants and refugees in West Texas and New
Mexico. We have served over 40,000 people from over 77 countries since 1987. We
provide legal representation through attorneys and Department of Justice accredited
representatives.
4. This year alone, Las Americas has assisted over 1,000 people, including families, seeking
asylum that have been impacted by Title 42 processing.
5. I make this declaration based on my personal experience at Las Americas working with
noncitizen children and families subject to the Title 42 process since the process began in
March 2020.
6. I have been the Executive Director of Las Americas since 2016. I began working at Las
Americas as a managing attorney in 2014. I continue, as Executive Director, to directly
represent many of our clients. Prior to joining Las Americas, I was the West Texas
Violence Against Women’s Act supervisor at the Texas Civil Rights Project for almost
two years. I graduated law school 2011 from Loyola College of Law and have been a
member of the Texas bar since 2013.
Harm from Title 42
7. When the Title 42 process first began in March 2020, we started receiving desperate
phone calls from families and individual impacted by the expulsions. At the time, given
the complete denial of access to the asylum system, we did not have any viable option to
assist those families or individuals given the absolute denial of access to asylum under
the Title 42 process. Despite no meaningful avenue to advocate for those impacted, we
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continued to put together robust humanitarian parole packets for people forced to remain
in Mexico in an attempt to get particularly vulnerable families and individuals processed
into the United States. Only one was granted after the New York Times reported on the
case. The rest were denied.
8. Beginning in February 2021, the Las Americas staff and I started going into Ciudad
Juarez to interview people expelled under the Title 42 process. What I heard and saw was
shocking. I have witnessed many expulsions occur on the international bridges. I have
seen families with very small children, people in wheelchairs, and people on crutches
being expelled across the bridges back into Mexico. For many, their vulnerabilities are
visible even at a distance.
9. Also, around February 2021, shelters in Ciudad Juarez, Mexico began asking us to come
to provide guidance to desperate families and individual stuck in Mexico. We were asked
to visit and explain to those asylum seekers why they were not allowed to access the
asylum system in the U.S., despite the change in administration.
10. Through these interviews and presentations, I was horrified to hear stories of people
expelled without being told by CBP that they were being expelled. Families flown
laterally by DHS from one part of the border region to another before being expelled
were falsely told by Border Patrol agents that they were being taken to see a judge.
Others were told by Border Patrol that they were heading to shelters in the U.S. where
they would be able to talk to a lawyer. But these families were misled, and ultimately
expelled under Title 42, not knowing they were being forced to Mexico.
11. One case I recall vividly was that of a former police officer from El Salvador, who
traveled with his wife and three children. Several of my clients that were former police
officers from El Salvador have been granted asylum. I believed this man presented a
strong case for asylum. When he crossed the border, he had expressed fear of return to El
Salvador and pleaded with the Border Patrol agents that apprehended him to listen to his
story. One agent initially said he would listen, but other agents told him to shut up. He
was not allowed to express his fear and was expelled to Ciudad Juarez with his family.
12. On Monday, March 29, 2021, at 4:00 PM, I joined a meeting that included CBP
Commissioner Miller, where the group in attendance was informed by local CBP
leadership that, as part of the Title 42 process, officers were supposed to screen for
claims under the Convention against Torture (“CAT”). Under the Title 42 process, CAT
screenings, which carry a higher standard than regular asylum assessments, are supposed
to occur but rarely do in practice.
13. After that, I made sure to ask expelled families and individuals in Ciudad Juarez if they
had any chance to raise their fear claims. Dozens of families and individuals consistently
reported to me that they were not allowed to speak while in Border Patrol custody and
that there was no opportunity to raise their fear claims.
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14. In February 2021, I also conducted interviews and presented to groups of Haitians
expelled back to Mexico under the Title 42 process. CBP dumped whole families on the
street in Mexico, with children expelled without their shoes. All of the families I spoke
with claimed political persecution based on the situation in Haiti. They were all shocked
that there was no ability to access asylum in the United States.
15. Asylum seekers subjected to the lateral flights prior to expulsion also reported having to
urinate on themselves during the long process. They reported asking to use the restroom,
for basic food and milk for children, and those requests being denied by Border Patrol
agents and other officials. One man reported only receiving one small carton of milk
during the long processes and flight, despite his pleas for more food for his small child.
Families reported the process taking some 16 hours.
16. In one case received by our organization, a mother and her 5-year-old daughter were
expelled to Mexico from the United States after fleeing sexual assault and domestic
violence in Guatemala. After being expelled to Ciudad Juarez this mother was raped. The
family also faced ongoing extortion and death threats from smugglers in Mexico
following their expulsion.
Processing at El Paso, Texas
17. In April 2021, Las Americas started referring clients for exemption to Title 42, first under
the Huisha referrals process, and later as a primary referrer to the NGO consortium
exemption process. We have provided over 900 referrals to the NGO consortium process.
For those families and individuals, we conduct an initial consultation with fill out the
required questions for submission to Customs and Border Protection.
18. The El Paso community has always stepped up and put together extensive capacity to
provide shelter in the El Paso and southern New Mexico area. Shelter capacity in the
region has never been fully taken advantage of by the government.
19. The El Paso shelter system is currently receiving only around 50 people a day through the
NGO consortium exemption process and around another 10 per week processed out from
the Migrant Protection Protocols. Meanwhile, the local shelter system has hundreds of
beds available each day. There are ample, under-utilized local resources and willingness
from the local community to receive released asylum seekers in line with public health
measures.
20. Despite our readiness and willingness, which we clearly communicate to the government,
the government had continuously failed to fully utilize those resources.
21. The government is capable of managing its own processing at ports of entry and the there
is ample capacity in the El Paso and southern New Mexico region to receive asylum
seekers.
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22. In my opinion, the Title 42 process should be ended immediately. Asylum seekers should
be processed into the United States and we have the capacity to receive them, consistent
with public health protocols.
I declare under penalty of perjury under the laws of the United States and Texas that the
foregoing is true and correct.
Executed on: August 10, 2021, in El Paso, Texas, United States.
Signature:
Linda Rivas
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1
DECLARATION OF MARISA LIMÓN GARZA
I, Marisa Limón Garza, pursuant to 28 U.S.C. § 1746, declare as follows:
Summary
1. This declaration describes the efforts that my organization and our partners have
undertaken to build infrastructure and capacity to receive migrants, including migrant
families, into the United States. We have worked in conjunction with state and local
public health authorities to ensure that our systems include COVID-19 testing and
quarantine protocols. Despite our efforts, which we undertook at the encouragement of
the federal government, much of our capacity remains unused, while the government
expels families back to Mexico. Our efforts could also be scaled up even further if the
federal government would devote serious funding and support to our efforts.
Qualifications
2. I am the Deputy Director of the Hope Border Institute, a faith-based independent Catholic
social justice organization focused on borderland-based research, policy and advocacy,
and humanitarian response measures. I have served as Deputy Director for the past three
years.
3. As Deputy Director, I oversee day to day operations of the organization and play a central
role in a variety of work on immigration policy and strategy, as well as play a central role
in humanitarian response efforts on both the U.S. and Mexico sides of the border in the El
Paso / Ciudad Juárez area. In addition to overseeing our organization’s direct work, I
collaborate closely with other shelter providers, nonprofits, state and local institutions,
and others in the region who work on building capacity to receive migrants who have
come to the United States. I make this declaration based on my personal and professional
experience at the Hope Border Institute working with noncitizen children and families
subject to the Title 42 Process since it began in March 2020.
In partnership with local authorities, COVID-19 protocols are in place ensure against
spread in our local shelter systems and community.
4. In July 2019, the Hope Border Institute, in partnership along with the Diocese of El Paso
established a border refugee assistance philanthropic fund focused on the needs of asylum
seekers to establish capacity to welcome asylum seekers into the United States. When
Title 42 went into effect in March 2020, we expanded this capacity development work to
include migrants allowed into the country under exemptions to Title 42. We also
developed infrastructure to ensure that asylum seekers could be welcomed in a way that
reduces risk of COVID-19 spread.
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5. Monies raised through this fund have supported healthcare programs, psycho-social
support efforts, shelter infrastructure, a medical burse, COVID testing, vaccinations for
childhood illnesses, food and accompaniment.
6. After engagement with the Biden administration transition team, and due to their focus on
the need to partner with U.S. organizations to better manage border processing, we
ramped up efforts to increase capacity on the U.S. side of the border. Working with El
Paso County, the Frontera Welcome Coalition, and other humanitarian groups, we
developed plans in support of and in coordination with the Annunciation House shelter –
El Paso’s largest shelter provider.
7. In collaboration with the city and county Office of Emergency Management (our liaison
to the public health department) and health care professionals, we developed a plan for
safely and efficiently processing and housing released migrants into local shelters and
onward to their home destinations.
8. Local health authorities and partners visited and consulted with Annunciation House
shelters and other prospective shelter space to ensure compliance with all COVID-19
regulations and protections. The shelters thus developed clear protocols for testing and
quarantining procedures for positive cases.
9. The City of El Paso and El Paso County made available hotels for COVID-19 quarantine
for any migrants or anyone else who did not have the resources to follow quarantine
protocols after testing positive. Any person in the community, including migrants
released by CBP or ICE, that did not have a place to quarantine could do so safely in one
of the provided hotels. Therefore, our system is designed to ensure everyone is medically
cleared prior to onward travel or admittance to a shelter.
10. We also invested in personal protective equipment, cleaning supplies and other
necessities for keeping our shelter system protected against COVID-19 spread.
11. As Title 42 remained in effect we also expanded our efforts to work with shelters in
Ciudad Juárez, Mexico, so that the same protective measures were in place at shelters on
the Mexican side of the border for those subjected to expulsions. As part of this pilot
project in Ciudad Juárez we worked with one shelter with a capacity to house
approximately 40 families and individuals. Our efforts did not expand in Ciudad Juárez
given other organizations’ commitment to duplicating the same efforts at other shelters in
Mexico.
12. These efforts, principally focused on the U.S. side of the border, began in December 2020
and continue to date. By late February 2021 or early March 2021, we were fully prepared
to receive migrants in our shelter system with these measures in place, well before
vaccines were widely available. Since COVID vaccines are now widely available in the
U.S., all shelter operators and volunteers are fully vaccinated. Each shelter is also
equipped to provide its own rapid testing and vaccines are offered to arriving migrants.
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The administration has not fully utilized the capacity available in our COVID-19 safe local
shelter systems
13. I estimate that the combined El Paso-New Mexico region has over 2,000 shelter beds in
safe, welcoming, and non-detention settings where families have access to meals, medical
care, and support with travel arrangements. That number could be greatly increased by
using hotels, should the need arise. Yet, as of July 2021, less than 10 percent of that
capacity was currently in use.
14. The combined capacity of Annunciation House’s facilities and a satellite network of
smaller shelters and parishes in El Paso is approximately 800 to 1,000 beds, with rapid
turnaround of guests and the ability to expand and contract as needed. Las Cruces, New
Mexico, which is less than an hour drive from El Paso, has nightly capacity for
approximately 700 people coordinated through the New Mexico Hospitality Coalition.
The shelter network in Albuquerque, New Mexico can host 300 people per day.
15. Migrants currently being processed through the ports of entry must test negative before
they cross. Those released to local shelters directly from ICE detention centers are
regularly tested prior to release so that their COVID status is known. CBP does
occasionally release migrants through Border Patrol directly to Annunciation House with
a “COVID unknown” status that have entered without inspection in-between a port of
entry, but those migrants are COVID tested at Annunciation House once they arrive. If
any migrant coming through these various avenues of release tests positive at any point,
they are quarantined and subject to protocols. After quarantine and a negative COVID-
19 test, those migrants are welcomed back into local shelters for assistance with onward
travel to their final destination. All local reception efforts were designed in partnership
with the Office of Emergency Management, our liaison to the public health department.
16. To date, there have not been any COVID-19 outbreaks in local shelters.
17. In addition to our shelter capacity, Endeavors, a private non-profit contracted by ICE,
opened two hotel facilities that provide several hundred additional beds available for
local release. Those facilities also include COVID-19 testing and required quarantine
when necessary.
18. Unfortunately, the capacity and COVID-19 safe systems we set up have never been fully
utilized by the administration. We have had regular meetings with Department of
Homeland Security and White House officials where, at every meeting, we stress that we
are prepared to and have resources and safe systems in place to welcome families and
individuals.
19. Despite our capacity and COVID-19 protocols, the administration is only admitting a
total of approximately 50-70 people per day at the ports of entry. We also receive a
relatively small number of releases from ICE and Border Patrol, who in most cases
people who crossed between ports of entry.
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20. In total, our shelter system is capable of housing over 1,000 persons each night, but is
only receiving less than 300 per week – a minuscule flow compared to capacity available
to receive them.
We have ample capacity to transport migrants released to local shelters
21. Hope Border Institute partners with El Paso County to work with Project Amistad, a local
non-profit, to provide transportation shuttles from 7:00am to 4:00pm every day between
shelters, the airport, the bus station, and ports of entry. We also have a private shuttle
company to coordinate transportation for anyone released after 4:00pm, provided directly
through Annunciation House. All migrants over the age of six, drivers, and any
volunteers are fully masked. All migrants being transported are COVID negative.
22. Hope Border Institute, along with partners, are able to leverage resources from local
transportations networks to provide needed transportation for released migrants.
Resources are available to add additional transportation if needed and, with additional
support, any required transportation could be readily available through partnership with
the local and county authorities.
“Lateral flights” have impeded COVID protocols in Ciudad Juárez and severely
traumatized families.
23. During 2021, the U.S. government has sometimes transported migrants apprehended in
other border regions, mainly the Rio Grande Valley, and flown them to El Paso for
expulsion under Title 42 to Ciudad Juárez, Mexico. My understanding is that as many as
100 hundred noncitizens can be put on a single flight. My understanding also is that none
of these noncitizens are tested before being put on a flight, or after they are designated for
expulsion. We have worked diligently with our Mexican partners to receive families
expelled to Ciudad Juárez. Because these families are “COVID-19 status unknown,” they
need to be tested and potentially quarantined.
24. Local Mexican authorities, in collaboration with the International Organization for
Migration (IOM), established a hotel for quarantining migrants in Ciudad Juárez with
either COVID-19 symptoms or who tested positive. Anyone testing positive at either a
local shelter or upon expulsion from the United States can quarantine for 14 days and
later be placed in a shelter with capacity. This system is designed to try and keep shelters
in Ciudad Juárez COVID-19 free.
25. At several points in recent months, the expulsion of additional families via “lateral
flights” have overwhelmed systems in place in Ciudad Juárez, leaving many families on
the street, without proper shelter or in the hands of smugglers.
26. For example, I am currently seeking quarantine space for 5 people who tested positive,
out of 100, after being expelled following a “lateral flight” last week. The IOM hotel in
Ciudad Juárez is currently at capacity. Had these families been released in the United
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5
States, they would have immediately been taken to hotel quarantine and afterwards
provided shelter and assistance in onward travel to their final destination. Instead, they
find themselves on the streets of Ciudad Juárez.
27. “Lateral flights” also exacerbate trauma, as U.S. authorities frequently lie to families
about where they are heading, telling them they are going to shelters in the United States
and not being kicked back into Mexico.
28. Families subjected to “lateral flights” also report a lack of food, children with dirty
diapers, and mistreatment by CBP agents.
29. Based on our experience, “lateral flights” only exacerbate the situation by facilitating
COVID-19 transmission. They subject families to ongoing suffering, lack appropriate
COVID-19 protocols, and needlessly expel noncitizens to Mexico when U.S.-based
shelter networks stand ready to receive them here.
The administration has failed to take its own steps to establish COVID-19 safe protocols for
releasing migrants in the United States.
30. The administration, through meetings with local stakeholders, pushed organizations like
ours and our partners to increase capacity for shelters on the United States side of the
border. And we did exactly that, in partnership with local city and county agencies, and in
ways that our consistent with maximizing public health. And yet, as stated above, we
have shelter beds standing unused while the U.S. government expels noncitizens to
Mexico.
31. I also firmly believe that the systems we have developed are scalable, if the U.S.
government were to invest additional serious resources and funding. Yet, the
administration has never shared with us their actual capacity or any plans for increasing
their ability to process more people to our systems.
I declare under penalty of perjury under the laws of the United States and Texas that the
foregoing is true and correct.
Executed on: August 9, 2021, in El Paso, Texas, United States.
Signature:
Marisa Limón Garza
Document Ref: WBNQT-67DMG-YRFO8-KROYN
Page 5 of 5
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Signature Certificate
Document Ref.: WBNQT-67DMG-YRFO8-KROYN
Document signed by:
Marisa Limón Garza
E-mail:
info@hopeborder.org
Signed via link
IP: 99.47.136.14
Date: 09 Aug 2021 22:35:41 UTC
Document completed by all parties on:
09 Aug 2021 22:35:41 UTC
Page 1 of 1
Signed with PandaDoc.com
PandaDoc is a document workflow and certified eSignature
solution trusted by 25,000+ companies worldwide.
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DECLARATION OF ASTRID DOMINGUEZ
I, Marie Astrid Dominguez, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I make this declaration based on my personal experience working with noncitizen
children and families subject to the Title 42 Process. This declaration addresses
processing capacity at the Brownsville and Hidalgo Ports of Entry. In my opinion, both
ports have the capacity to process more migrants and asylum seekers than they are
currently using. In addition, nongovernmental organizations on the U.S. side of the
border in the Brownsville and Hidalgo areas have built up capacity to test migrants for
COVID-19 and quarantine them.
2. The migrants I work with have also been subjected to great harm due to their expulsions.
For example, I am aware of one case involving a father with a 9-year-old daughter with a
spine injury; the father carried his visibly disabled daughter across the border but were
nevertheless expelled. Numerous women have reported they were violated and assaulted
after U.S. border agents expelled them back to Mexico.
3. From late 2020, I have been working closely with the Rio Grande Valley (RGV)
Welcoming Committee/Comité de Bienvenida and now facilitate their meetings as a
consultant. We are several dozen lawyers and advocates dedicated to welcoming
migrants with dignity and assisting government entities with reopening the U.S.–Mexico
border to regular asylum and other processing of noncitizens seeking protection, safety,
and family reunification.
4. I have been a border advocate since 2012, when I began work with the ACLU of Texas
that lasted until May 2021. I have personally been involved in submitting Title 42
exemption requests for more than one hundred individuals and families. I interview
migrants and assemble the required information to be submitted to the U.S.
government. I have also participated in frequent meetings with a variety of U.S.
government officials responsible for both border operations and border policy, including
at the Brownsville and Hidalgo ports of entry.
Processing Capacity at the Brownsville and Hidalgo Ports of Entry
5. My work focuses primarily on noncitizens coming through two ports of entry, which are
respectively located in Brownsville and Hidalgo, Texas, opposite the Mexican cities of
Matamoros and Reynosa, Tamaulipas. I am very familiar with operations and capacity in
those ports via my work in helping asylum seekers obtain exemptions under Title 42, as
well as working with local NGOs and advocates.
6. Until recently, there were two main processes for obtaining Title 42 exemptions. The first
process is managed by a consortium of nongovernmental organizations. The second
process involved cases submitted directly by lawyers and advocates to the ACLU, which
then submitted them to the U.S. government.
7. Noncitizens seeking to come through the Brownsville port of entry as Title 42
exemptions are tested for COVID-19 at the Resource Center Matamoros, a nonprofit
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collaborative providing various support services. This testing typically occurs 72 hours
in advance of when the noncitizen is scheduled to cross. The U.S. government requires
the noncitizen to test negative in order cross via the port. If the test is positive, they are
not permitted to cross until a negative result.
8. Migrants crossing through the Hidalgo, TX port of entry as Title 42 exemptions are tested
for COVID-19 at Senda de Vida, a nongovernmental overnight shelter. Again, the testing
occurs 72 hours in advance of when the noncitizen is expected to present at the port, and
the U.S. government does not permit them to cross unless they show a negative result.
9. In my opinion, neither the Brownsville nor the Hidalgo port is operating at capacity. This
conclusion is partly because the ports are designed to process large numbers of people
coming to the United States for other reasons, e.g. tourism or leisure, but such noncitizens
cannot currently enter the United States because of so-called “essential travel” bans.
10. The federal government could also explore ways to minimize time spent at ports by
people who have not provided advance information before coming to the port. For
example, not all immigration-processing functions may need to take place at a port of
entry. After verifying the noncitizen’s identity and checking that the person presents no
criminal, safety, or security concerns, the noncitizen could quickly be sent to a secondary
processing center where, for example, they could be issued any necessary paperwork
related to their immigration cases.
Processing Capacity on the U.S. Side
11. Noncitizens who cross between ports of entry near Brownsville and Hidalgo and
encounter Border Patrol agents are processed by CBP and, if they are permitted to remain
instead of being expelled or detained, are released to local nongovernmental
organizations that provide universal testing for COVID-19 and social services.
12. For example, noncitizens who enter near the Hidalgo area are typically sent to McAllen,
Texas, where Catholic Charities of the Rio Grande Valley runs the Humanitarian Respite
Center (HRC). The HRC receives them and conducts universal COVID-19 testing with
DHS support. In Brownsville, CBP transports noncitizens to a receiving area at the
Brownsville bus station, where the City of Brownsville provides support and DHS has
been involved in ensuring testing for COVID-19.
13. Nonprofits, in conjunction with local governments, have developed infrastructure to
receive, test, and quarantine migrants. For example, the City of McAllen has raised an
emergency shelter that can house approximately 650 noncitizens who have tested positive
for COVID-19. Other organizations, including Catholic religious organizations, have
contracted with 10 hotels “in a 40-mile radius from the South Texas towns of Weslaco to
La Joya and Edinburg and Mission” for quarantine rooms that can accommodate at least
1,000 people. In Brownsville, the City offers noncitizens who test positive an
accommodation for a person’s quarantine period with financial support available. There
is also quarantine capacity at a local overnight shelter called the Ozanam Center.
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14. I am aware that Catholic Charities of the Rio Grande Valley has reported near-universal
compliance with quarantine requirements by migrants who test positive at the
HRC. Positive tests at the Brownsville bus station have also been followed by
quarantine. My understanding is that noncitizens released in both Brownsville and
Hidalgo are offered COVID-19 vaccines.
Noncitizens Subjected to Title 42 Face Grave Danger
15. My work with the Title 42 exemption process has exposed me to the trauma of hundreds
of migrants denied an opportunity to present asylum claims to protection in the United
States. The migrants I work with report that they have been expelled to unsafe conditions
in Mexico that include homelessness, violence from organized crime, and medical
jeopardy. Many have detailed stories and documentary evidence of harm in their home
countries. Others are so traumatized that eliciting their hardship is challenging and
psychologically delicate.
16. I am aware of many cases where women in advanced pregnancy have been expelled, as
well as noncitizens with significant mental and physical disabilities, such as children with
special needs and noncitizens with visual disabilities. Our Welcoming Committee was
involved in the case of D., a 9-year-old girl with a spine injury whose father carried her to
the U.S –Mexico border from Honduras. Yet they were expelled by Border Patrol despite
pleading for consideration of D.’s medical condition.
17. Expulsions are taking place to Reynosa and other Mexican cities that are known, and
reported by the State Department, to be centers of violent crime against migrants. In
particular, sexual violence against female migrants is widespread, even when they are
kidnapped with their children. U.S. government expulsions are sending women and
children into the hands of rapists. I have talked with many women who were violated
repeatedly and brutally by kidnappers after U.S. government officers refused to assess
their protection claims. Sometimes these kidnappings happen within hours of expulsion.
18. Despite rampant kidnapping, which often includes deprivation of food and torture,
families with young children continue to be expelled to Reynosa. There are no state-
provided services for them and the population living unhoused in city plazas now exceeds
4,000 people who are often targeted by organized crime. Family separations also occur
when parts of a family are allowed to stay in the U.S. but others are expelled. I have
come across parental separations where one parent and a very young child were allowed
to stay by Border Patrol while the second parent with an older child was expelled.
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Executed on: August 11, 2021, in Toronto, Ontario, Canada.
Signature:
__________________________________________
Marie Astrid Dominguez
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DECLARATION OF CHELSEA SACHAU
I, Chelsea Jordan Sachau, declare under penalty of perjury, that the following is true and correct
to the best of my knowledge:
1. I make this declaration based on my personal knowledge except where I have indicated
otherwise. If called as a witness, I could and would testify competently and truthfully to
these matters.
Summary
2. Based on my experience with Title 42 along the Arizona-Mexico border, the number of
migrants who test positive on the Mexican side before entering is exceedingly low, as
outlined below.
3. Title 42 has resulted in grave harm to our clients. They face kidnapping, rape, extortion,
and other violence on a regular basis.
Expertise
4. My name is Chelsea Sachau and I am an Equal Justice Works Fellow at the Florence
Immigrant and Refugee Rights Project in Arizona (“Florence Project”) where I have been
employed for 11 months. Founded in 1989, the Florence Project is a 501(c)(3) nonprofit
legal service organization providing free legal and social services to adults and
unaccompanied children facing removal proceedings in Arizona.
5. At the Florence Project, I work on the Border Action Team. Since 2017, the Florence
Project has worked in partnership with the Kino Border Initiative (KBI) by creating the
Border Action Team to provide legal services to migrants at KBI’s Aid Center for
Migrants located in Nogales, Sonora, Mexico. The Border Action Team also works in
close collaboration with other local legal services, humanitarian, and community
organizations to support migrants in Sonora, Mexico or detained in the state of Arizona.
In this capacity, I have provided Know Your Rights orientations, intakes, referrals,
asylum application assistance, support with humanitarian parole, and direct
representation, among other services, to individuals and families subject to various border
policies, including the “Order Suspending Introduction of Certain Persons from Countries
Where a Communicable Disease Exists” issued by the Centers for Disease Control and
Prevention (CDC), commonly referred to as “Title 42.”1
Background
6. The Title 42 expulsion policy has closed the US border to nearly all asylum
seekers since March 20, 2021, with the exception of unaccompanied minors. Recently,
while Title 42 has been in effect, two possible exception systems emerged: the
1 https://www.cdc.gov/coronavirus/downloads/10.13.2020-CDC-Order-Prohibiting-Introduction-of-Persons-FINAL-
ALL-CLEAR-encrypted.pdf
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exemption process in this litigation (“the exemption process”) and the Consortium
process. While there are some distinctions between the two processes, they both largely
functioned by having legal service providers and other non-profit organizations refer
particularly vulnerable families and/or individuals to the government to be considered as
an exception to Title 42. Once approved, the families and individuals were scheduled for
dates and times to present at designated ports of entry along the border, and were
processed into the U.S. by immigration authorities and placed in Title 8 removal
proceedings. Depending on the details of the particular case, many were paroled directly
from the port of entry, but others were referred to Immigration and Customs
Enforcement (ICE), which then determined whether to place the individual in detention
or in an alternatives to detention program, such as the use of GPS monitoring devices.
7. The Florence Project made at least 719 referrals for families and individuals to be
excepted from Title 42 through both processes. In total, FIRRP referred at least 2,107
persons through these processes. As of August 9, 2021, 127 referrals (about 374 persons)
remain pending – meaning these individuals await a call from the local Consortium
partner, COVID testing, and a scheduled date to enter into the U.S.
COVID-19 positivity rates for migrant families crossing into Arizona are extremely low
8. Initially, particularly vulnerable families and individuals referred through the exemption
process in this litigation were not required to receive COVID-19 testing in Mexico prior
to presenting at the Nogales POE. However, all persons who were referred through the
exemption process and presented at the Nogales POE prior to June 7, 2021 were released
from the port and then transported to shelters in Tucson, AZ, where they were tested
promptly upon arrival. There was quarantine space available for those who tested
positive.
9. In early June 2021 the U.S. government abruptly changed the COVID policy for the
exemption process: all individuals ages six years or older who were referred through the
exemption process were required to be COVID tested in Mexico prior to presenting at the
designated ports of entry, and should anyone test positive, the entire family would be
required to quarantine in Mexico.
10. Of the 137 persons referred through the exemption process who were required to
undergo testing for COVID-19 in Nogales, Sonora, Mexico, only one individual
tested positive for COVID-19. This is a 0.72% COVID-19 positivity rate amongst
the exemption clients for whom we were forced to coordinate testing and received
access to their COVID test results.
11. The Nogales U.S. Port of Entry does not provide COVID-19 testing, vaccines, or
quarantine space to any non-citizens who are referred for exceptions to Title 42. The
local humanitarian partners in Mexico, with support from partners in Arizona, were
forced to assume those costs and responsibilities through the exemption and Consortium
processes.
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CBP has additional processing capacity in the Tucson Sector
12. The Tucson Sector of Customs and Border Patrol (CBP) covers most of the state of
Arizona, from the New Mexico State line to the Yuma County line, an area covering a
total of 262 border miles.2 There are nine (9) ports of entry – organized into eight (8)
CBP stations – in the Tucson region. The ports of entry are (from west to east): San Luis,
Yuma, Lukeville, Sasabe, Nogales (there are three within Nogales – Mariposa,
DeConcini, and Morely Gate), Naco, and Douglas. However, CBP only processes
asylum seekers excepted from Title 42 at the DeConcini POE.
13. From the end of March 2021 until the last day of May 2021, the Nogales POE refused to
process any more than ten (10) persons per day. The stated reason was that the Nogales
POE did not have the staff capacity to process any more persons per day. This is despite
reports that the government had instructed ports to increase capacity to process 50
persons per day if necessary. Moreover, the alleged lack of staff capacity was also
contrary to what the Florence Project staff witnessed on a regular basis in April and May
2021. The Florence Project staff crossed the border at least once per day for months
during Title 42, and we frequently saw one or more CBP officers sitting idly at desks at
either the DeConcini Port of Entry or the Mariposa Land Port of Entry in Nogales.
14. From May 31, 2021 through early July 2021, the Nogales POE was processing 30
persons per day in total, Monday through Friday, with a few exceptionally urgent cases
being processed on Saturdays. Beginning July 12, 2021, Nogales POE again increased its
capacity and began to allow for 40 persons per day to present for processing. Beginning
in early August, the Nogales POE agreed to expand processing capacity even further to
50 persons per day.
15. The Florence Project and other legal and humanitarian service providers have repeatedly
requested that the other ports of entry process asylum seekers through the exemption or
Consortium processes, as there are hundreds of displaced persons in more remote parts of
the border, in particular Lukeville and San Luis ports of entry, as hundreds of our remote
clients are displaced in Sonoyta, Sonora and San Luis Rio Colorado, Sonora. Repeatedly,
CBP has refused to do so.
16. The government’s refusal to process particularly vulnerable families at remote ports of
entry has dire consequences for displaced migrants. In late July 2021, cartel violence
began to escalate even more in Sonora. Many of the highways that migrants displaced in
other parts of Sonora would need to take in order to travel to Nogales, Sonora for
processing would place the families we represent directly in the path of the cartel
fighting.
Dangers for expelled families
17. Migrant families expelled under Title 42 to Sonora face extreme danger and live in
precarity. Few have access to safe housing, medical care, or work to support themselves.
They face kidnapping, rape, extortion, and other violence on a regular basis.
2 https://www.cbp.gov/border-security/along-us-borders/border-patrol-sectors/tucson-sector-arizona
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18. For example, in the spring of 2021, the Florence Project represented a young woman who
was kidnapped in Mexico, held hostage for weeks, repeatedly raped, and then abandoned
in the United States near Phoenix. Though Border Patrol did take her to the hospital on
account of her obvious injuries and trauma, she nonetheless was expelled to Mexico
under Title 42, where she was at risk of being re-trafficked.
19. In mid-February 2021, the Florence Project provided a remote consultation to a single-
mother in Sasabe, Sonora, Mexico. On or about March 31, 2021, the mother attempted
suicide in Sasabe, Mexico due to the extreme stress and desperate circumstances without
access to security. Fortunately, the Florence Project was able to work with local
volunteers in Sasabe to get to the mother before she died, and the local volunteers stayed
with her for her own protection and that of her daughter. However, she and her daughter
continued to suffer, given that the single mother could not access any mental health
treatment in Mexico, and did not have any of her medications. The mother’s mental
health began to deteriorate even further when the organized crime groups that control
Sasabe discovered the mother and her daughter had reentered the city without paying the
bribes or extortion fee that many displaced migrants are subjected to. Someone told the
mother that the organized crime boss “was coming back soon, and would be by to see
her,” indicating a threat to the mother and her daughter’s physical safety.
20. The Title 42 expulsion process also pushes asylum seekers, including those facing
imminent danger, to attempt risky border crossings, resulting in deaths and serious
injuries, and makes expelled people more vulnerable to attack.
21. I represented a gay man from El Salvador who U.S. immigration officials separated from
his partner under Title 42. This young man fled El Salvador in late January 2020 due to
persecution by gangs on the basis of his sexual orientation and family ties. My client met
his partner, who was fleeing persecution in Cuba, in Tapachula in February 2020. My
client and his partner were regularly taunted for being gay. Around August or September
2020, neighbors broke into the home my client and his partner shared and robbed them.
After moving to Nogales in October 2020, my client and his partner were constantly
taunted for being gay by a group of men who regularly hung out outside a convenience
store located near their home. In February 2021, the same group of men donned ski
masks and chased after my client, who narrowly escaped into a nearby taxi. The taxi
driver told my client that those men were involved with a cartel and very dangerous. On
or about February 14, 2021, in desperation after all they had endured, my client and his
partner crossed the U.S.-Mexico border in order to present themselves to Border Patrol
agents and request asylum. To their horror, my client and his partner were separated
when they tried to present their asylum claim at the border. They were told by CBP that
only my client’s partner, a Cuban migrant, would be processed into the U.S. and
detained, and that my client, a Salvadoran man, would be expelled back across the border
under Title 42. After being separated from his partner, my client lived alone in Nogales
and took steps to protect himself by minimizing in every way how much time he spent in
public view. My client’s neighbor, a retired woman, helped run his errands so that he
need not be out in public more than necessary, and she also accompanied him if he
needed to attend a meeting or tend to an errand in person.
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22. Florence Project staff also represented a young woman in her third trimester of pregnancy
who fled Guatemala primarily as a result of gender-based violence. Her partner would
beat her, and during her pregnancy it worsened. In one instance, he attempted to abort her
pregnancy by beating her. He told her he would hurt her if she went to the police and she
was afraid he would follow her and threaten her wherever she might hide. She fled
Guatemala to seek asylum in the United States. Unfortunately, she was also persecuted in
Mexico. On around April 15, 2021 she was kidnapped and held captive by a group of
armed traffickers. She was held for ten days, and during her captivity she did not receive
adequate food and was threatened, even though she was pregnant. On around April 25,
2021 she escaped with other kidnapped migrants. The traffickers chased them in vans,
but they were able to escape into the United States. When she was located in the desert,
Border Patrol took her to the Banner Hospital in Tucson, AZ. She was 38 weeks pregnant
and was put on an IV. At the time, she had a contraction, but the doctors told her it was
due to the stress. She was put on an IV and her vitals stabilized. She was also told she had
a urinary and a vaginal infection. However, she was returned to Mexico under Title 42,
despite her late-term pregnancy and medical issues, and attempted intervention by
Florence Project legal advocates who had already filed G-28s in her case to inform
Border Patrol and other DHS officials that they represented the young woman. She was
forced to attend a fear-based screening alone, even though she had counsel. She failed the
USCIS screening despite detailing her kidnapping at the border and despite providing the
names of some of her kidnappers that she had overheard while restrained. Without
informing counsel, CBP expelled the young woman to Nogales, Sonora via the
DeConcini Port of Entry in Nogales, Arizona on April 28, 2021, with no resources and no
place to stay. She indicated that Border Patrol confiscated her medical release documents
before removing her to Mexico. Pregnant, medically vulnerable, and alone, this young
woman was only able to reconnect with the Florence Project after a random benefactor
took pity and took her in for the night. She was then driven to the KBI Migrant Aid
Center, where she received humanitarian services and had a legal intake with the Border
Action Team. The young woman gave birth days after being expelled. On May 8, 2021,
she and her infant were processed into the U.S., however the infant immediately had to
seek medical attention within days of entering the U.S. and nearly died, due to the
circumstances of his birth.
23. The U.S. government’s failure to timely process migrants, to process migrants at all ports
of entry, or to timely end Title 42 continues to expose thousands of migrants to extreme
danger at the hands of cartels or other persecutors in Mexico.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on August 10, 2021 at Tucson, Arizona.
______________________
Chelsea Sachau
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DECLARATION OF SUSANA VILLÉN IGLESIAS
MEDICAL COORDINATOR FOR MÉDECINS SAN FRONTIÈRES /
DOCTORS WITHOUT BORDERS IN MEXICO
August 11, 2021
I, Susana Villén Iglesias, declare pursuant to 28 U.S.C. § 1746 that the following is true and
correct:
1. Based on Médecins Sans Frontières/Doctors Without Borders’ expertise and experience
working with migrants in Mexico, I am submitting this declaration to explain why there
is no adequate public health rationale to continue expelling immigrant families at the
southern border. The U.S. government can safely process immigrant families, especially
given the widespread availability of COVID-19 vaccines and other mitigation protocols
like rapid testing, outdoor processing, masking and social distancing. These measures are
not only effective against COVID-19 transmission, but they are also well within the U.S.
government’s capacity and resources, especially in light of the extreme hardship,
violence, and trauma that Title 42 has inflicted on migrants.
Background and Experience
2. I am a medical doctor with a post-doctoral degree in tropical medicine and a master’s
degree in Public Health. I have been working with different non-governmental
organizations in medical-humanitarian projects since 1998 in different counties in Africa,
Asia, and Latin America. Currently, I am the medical coordinator in Mexico of Médecins
Sans Frontières (MSF)/Doctors Without Borders. As medical coordinator, I am
responsible for planning and coordinating all medical activities and medical resources for
the mission. In Mexico, we are working with local communities as well as people on the
move. We are providing basic health care in areas with poor access to services as well as
care to survivors of violence and torture.
3. Médecins Sans Frontières (MSF)/Doctors Without Borders is an independent
international medical humanitarian organization that delivers neutral and impartial
emergency aid to people affected by armed conflict, epidemics, natural and man‐made
disasters, and exclusion from health care in more than 70 countries. We were awarded the
Nobel Peace Prize in 1999. The decision to offer assistance in any country or crisis is
based solely on our independent assessment of populations’ needs. We work to ensure
that we have the power to freely evaluate medical needs, to access populations without
restriction, and to directly control the aid we provide. Our financial independence allows
us to provide aid free from any governmental influence that could be used to
further political or military goals. MSF currently operates in the world’s largest
humanitarian crises, including Syria, Ethiopia, Yemen, and South Sudan.
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4. I have reviewed the latest Title 42 order issued by the Centers for Disease Control and
Prevention (CDC).1 In this declaration, I explain how immigrant families can be
processed into the United States in a manner consistent with public health best practices,
taking into account concerns about the Delta variant and other recent COVID-19
developments. To help explain, I will first describe MSF’s work in Mexico, our
observations on COVID-19 protocols related to the processing of asylum seekers out of
the so-called Migrant Protection Protocols (“MPP”), the harm that Title 42 is causing,
and then discuss how Title 42 can be phased out for immigrant families in a manner
consistent with public health guidance.
MSF’s Work in Mexico
5. MSF has been working in Mexico since 1985. Since 2012, MSF has been actively
addressing the health needs of people on the move – including immigrant families –
across the country through the provision of comprehensive primary healthcare, mental
health, social services, and health promotion activities.
6. During the COVID-19 pandemic, MSF adapted and expanded its activities to include
infection prevention and control in health facilities, shelters, and other spaces this
population frequents along the migration route in Mexico. MSF set up diverse specialized
services such as tailored mental health care, which includes psychological first aid,
individual follow-up, and group sessions. MSF assisted in the identification and referral
of suspected COVID-19 cases to the Ministry of Health (MoH), which would send teams
directly to the camp and test them. MSF would in the meantime provide hygiene isolation
kits to suspect cases, which included PPE, paracetamol, rehydration solution, and a guide
for best practices during isolation. MSF worked to minimize the risk of COVID-19
transmission among asylum seekers through the distribution of hygiene kits that included
personal protective equipment (PPE) and alcohol gel. MSF has supported health
facilities, including community centers and hospitals, to strengthen access to adequate
services, particularly with screening, mental health support, health promotion to reduce
stigma, and referral to the MoH. In migrant shelters, MSF also helped in identifying the
best locations and practices for isolation of suspected cases.
7. MSF has also offered tailored support to shelters housing migrants, focusing on: 1)
providing education on COVID-19 protocols and countering misinformation, 2) setting
up infection prevention and control measures such as triage, isolation, washing &
disinfection procedures, social distancing, and proper use of PPE; and 3) setting up
referral systems for severe COVID-19 cases.
1 See CDC, Order Suspending the Right to Introduce Certain Persons from Countries Where a
Quarantinable Communicable Disease Exists (Aug. 2, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/downloads/CDC-Order-Suspending-Right-to-
Introduce-_Final_8-2-21.pdf.
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8. In the north of Mexico, MSF has concentrated its activities in Matamoros, Reynosa,
Nuevo Laredo, Piedras Negras, Ciudad Acuña, Monterrey and Ciudad Juárez. In the
northern border locations, spanning from Texas to California, MSF has been witnessing
for several years the detrimental effects of U.S. migration policies on asylum seekers’
physical and mental health, including policies that forced them to live in dangerous
conditions. For instance, from 2019 through 2021, MSF witnessed and provided care to
asylum seekers forced to wait in Mexico under the MPP program. Since 2020, MSF has
witnessed similar, if not worse, harm to asylum seekers who are expelled from the United
States under Title 42.
MSF’s Experience with COVID-19 Protocols around MPP
9. One of the critical services that MSF has recently provided in Mexico has been providing
physical and mental health services to asylum seekers returned to Mexico under the
former U.S. government program, MPP. Through its presence and work with this
population of asylum seekers, MSF has direct experience with the safety precautions
taken around COVID-19 in Mexico.
10. The Matamoros camp was the direct consequence of the U.S. Government’s
implementation of MPP. While individuals were sent back to Matamoros and forced to
wait for their asylum proceedings, a border camp arose that housed up to 2500 migrants.
In response to critical medical needs, MSF has offered health services in the camp from
the moment it was first established until the last day the camp was standing in March
2021. When COVID-19 appeared in Mexico, MSF adapted its premises and protocols to
include a triage of suspected cases, led the health promotion / COVID-19 prevention
activities at the camp, and stepped up mental health assistance. These protocols were
maintained until March 2021.
11. When the decision to begin unwinding MPP was taken, the United Nations High
Commissioner for Refugees (UNHCR) coordinated with all actors present in the camp in
Matamoros and with other key actors such as the International Organization for
Migration (IOM), United Nations International Children's Emergency Fund (UNICEF),
International Committee of the Red Cross (ICRC), and Hebrew Immigrant Aid Society
(HIAS) to facilitate the phase out. Among its responsibilities, MSF worked with shelters
to apply sound infection prevention and control measures and ensure that people waiting
to be processed and arriving from other Mexican cities faced a lower risk of transmission.
12. MSF relied on a mixture of health education, preventive measures, and clear, simple and
efficient control measures based on symptomology which permit isolation of suspected
and confirmed cases of COVID-19. One of the more important aspects of the model is
consistent implementation of preventive measures (social distancing, masking, hand
washing) at all times, and encouraging the self-declaration of symptoms as soon as they
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appear. This approach includes a system of symptomatic screening, testing, and
medically supervised isolation for those who test positive for COVID-19.
13. Given the nature of COVID-19 transmission and close quarters of the camp, MSF was
especially vigilant about any potential outbreaks. During the period when MSF ran the
mild COVID-19 stabilization center at the Autonomous University of Tamaulipas,
suspected cases were taken there for isolation and medical supervision.
14. As the camp’s population was processed into the U.S., MSF wound down our medical
activities at that specific location. MSF continues to offer health services in key shelters
around the city of Matamoros, as well is the cities of Reynosa, Nuevo Laredo, Monterrey,
Ciudad Acuña and Piedras Negras, where there are still asylum seekers in need.
Harm to Immigrant Families Subject to Title 42
15. For years now, MSF teams have been witnessing firsthand the devastating toll of harsh
US migration policies spanning several administrations on the lives and health of people
forced to flee violence and extreme poverty in Central America, Mexico, and other
countries.
16. MSF has documented the toll expulsion under Title 42 takes on asylum seekers.2 These
individuals and families being rapidly turned around to extremely dangerous cities along
the border are exposed to gang violence and are forced to fend for themselves without
protection from local authorities. But accessing the most basic needs is always difficult
given to the lack of protection, the lack of shelter, and the lack of health care.
17. Some who have been expelled, including Haitian asylum seekers, do not speak Spanish.
Others include people who are injured or ill, people traveling with children, teenagers,
pregnant women, and lesbian, gay, bisexual, and transgender people. All these people are
at increased risk of violence and extortion in Mexico due to their particular
vulnerabilities.
18. MSF mental health teams working with migrants in psychological support groups in
Reynosa have observed signs of complex trauma and depression in these patients. They
report acute reaction to stress, psychosomatic symptoms such as headache and back pain,
hypervigilance due to the insecure location, difficulty sleeping, and fear and anxiety
related to their expulsion or living in violent and unpredictable conditions.
2 MSF, Title 42 Deportations Cause Dire Humanitarian Consequences on Mexico’s Northern
Border (Apr. 29, 2021), https://www.doctorswithoutborders.org/what-we-do/news-
stories/news/title-42-deportations-cause-dire-humanitarian-consequences-mexicos.
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Unwinding Title 42 and Processing Immigrant Families
19. I have reviewed Defendants’ declaration from David Shahoulian dated August 2, 2021,
filed at ECF No. 113-1, as well as the recent August 2, 2021 CDC order regarding Title
42. MSF does not believe that there is adequate public health rationale to justify
continuing to ban immigrant families.
20. Based on MSF’s decades of experience in infection prevention and control and in
responding to public health emergencies across the world, we firmly believe it is well
within the U.S. government’s ability to restore access to asylum at the border while
safeguarding the health of its citizens and those living on its territory. There is no reason
to presume that asylum seekers are more of a threat to public health than any other person
crossing the border from Mexico.
21. The measures the U.S. government can take to safely open the border, specifically to
those in need of protection, include:
A.
Border Processing: Processing asylum seekers on either side of the border should
be done as rapidly as possible and in a way that limits people from being held in
congregate settings so as to reduce the risk of COVID-19 transmission.
Processing should take place in spaces that are well-ventilated and suitable for
expansion of reception should the number of arrivals increase. MSF routinely uses
low-cost temporary items such as snow/safety barrier fencing and shade netting to
facilitate outdoor activities requiring crowd control measures around the world.
B.
Testing: Compared to the general U.S. public, asylum seekers do not pose a
heightened public health risk,3 therefore they should not be subjected to measures
that are not applied to other groups of people crossing the border. However, if the
U.S. Government insists on additional measures, ramped up COVID-19 testing at
the border can be the cornerstone of any system to efficiently process asylum
seekers. We found very low numbers of COVID-infections in border shelters
where MSF has relied on a system of symptomatic screening, testing, and referral
for medically supervised isolation for those who test positive for COVID-19. In
the case of those crossing the border, FDA-approved antigen tests are cost-
effective, produce rapid results, and are well-suited to identifying individuals who
pose an immediate risk of transmission. If testing is implemented, those who test
positive can be isolated and treated. Those who test negative should be paroled
3 Data reflects that number of cases per 100,000 residents is far lower in Mexico compared to the
United States. Compare N.Y. Times, Coronavirus in the U.S.: Latest Map and Case Count
(updated Aug. 10, 2021), https://www.nytimes.com/interactive/2021/us/covid-cases.html, with
N.Y. Times, Tracking Coronavirus in Mexico: Latest Map and Case Count (updated Aug. 10,
20201), https://www.nytimes.com/interactive/2021/world/mexico-covid-cases.html.
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into the U.S. and told to self-quarantine for the officially designated period, which
is in line with the current procedure recommended by the CDC for any
international travelers to the U.S. Measures can be taken to ensure safety during
internal transportation, including through the distribution of face masks and the
use of high-capacity, well-ventilated vehicles.
C.
Isolation/Quarantine: An isolation/quarantine system that is flexible and sensitive
to fluctuations in arrivals can be established. Safety measures including mask use,
ventilation, and reduced density of persons should be applied in those spaces.
D.
Vaccination: Any eligible unvaccinated person including asylum seekers should
be offered a vaccine when they enter the U.S. The U.S. currently has more
capacity to vaccinate Americans, both in terms of vaccine doses and mobilized
health personnel, than are currently being used by people in the U.S. MSF has
been tracking COVID-19 vaccine supply and, to our horror and disappointment,
millions of doses have and may continue to go to waste in the U.S.4 These excess
doses can and should be re-routed for use in other countries, including for those
who are eligible for vaccines at the border. Implementing routine vaccination of
asylum seekers entering from Mexico is well within the scope of current services
offered at some international airports in the U.S.5
22. The Delta variant is already dominant in the U.S. and epidemiological data shows similar
historical rates of COVID-19 infections in the U.S. and Mexico. The CDC places both
countries at the same risk level,6 but, importantly, the number of new cases is
disproportionately higher in the U.S. compared to Mexico.7 The CDC is currently
recommending the same preventive and protective protocols for Delta as were
recommended previously.8 In addition to vaccination, masking, ventilation, physical
4 Dan Levin, The U.S. Is Wasting Vaccine Doses, Even as Cases Rise and Other Countries Suffer
Shortages, N.Y. Times (Aug. 1, 2021), https://www.nytimes.com/2021/08/01/us/covid-us-
vaccine-wasted.html.
5 See, e.g., San Francisco International Airport, Vaccinations at SFO (last accessed Aug. 10,
2021), https://www.flysfo.com/travel-well/vaccination-site-sfo; NBC News, Miami Airport
Offering Free Covid Vaccines to Travelers (May 27, 2021),
https://www.nbcnews.com/now/video/miami-airport-offering-free-covid-vaccines-to-travelers-
113663045707.
6 CDC, Travel Health Notices (updated Aug. 2, 2021), https://www.cdc.gov/coronavirus/2019-
ncov/travelers/map-and-travel-notices.html.
7 See supra n.1 (showing that daily average of cases has increased nearly 120% in last 14 days in
United States compared to 30% in Mexico, and that case rate per 100,000 people in the United
States is nearly triple the rate in Mexico).
8 CDC, Interim Public Health Recommendations for Fully Vaccinated People (updated July 28,
2021), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html
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distancing, and hand hygiene are still recommended and can be implemented when
processing asylum seekers.9
23. Should the necessary resources be allocated, many of the elements that proved effective
in unwinding MPP can be scaled to apply to a phase out of Title 42 and a return to a
normal asylum processing system at the U.S. southern border. These are resources that
are readily available, including medical and public health human resources. FDA-
approved antigen tests and COVID-19 vaccines for those who are eligible.
Conclusion
24. While the technical solutions highlighted above should be implemented in coordination
with Mexican authorities and organizations responding to the needs of asylum seekers in
northern Mexico, the U.S. should uphold its obligations to admit people seeking asylum,
which includes accepting responsibility for carrying out basic infection prevention and
control measures. Regardless of the capacity of the Mexican government to help on this
front, the fact remains that northern Mexico is not safe for asylum seekers forced to
remain there by virtue of U.S. policy. The U.S. government has the capacity,
infrastructure, and knowledge required to safely process those seeking protection at the
southern border and must immediately take the necessary steps to do so.
21 in Ciudad de Mexico, Mexico.
illen Iglesias
ical Coordinator in Mexico
Medecins Sans Frontieres/Doctors Without Borders
9 CDC, Guidance for Implementing COVID-19 Prevention Strategies in the Context of Varying
Community Transmission Levels and Vaccination Coverage, Morbidity and Mortality Weekly
Report (July 30, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7030e2.htm.
..
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DECLARATION OF TERESA CAVENDISH
I, Teresa Cavendish, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am Director of Operations at Catholic Community Services of Southern Arizona. I
oversee operations for Casa Alitas in Tucson, Arizona. Casa Alitas is a program that
serves migrant families and adults who are released from Customs and Border
Protection ("CBP") custody so that they can seek immigration relief in the United
States. I make this declaration based on my personal experience at Casa Alitas
working with noncitizen children and families subject to the Title 42 Process since
the process came into effect in March 2020.
2. This declaration describes the efforts of Casa Alitas and other shelter providers along
the Arizona-Mexico border to develop infrastructure for processing migrants safely
after they come to the United States. Our organization and our partners have invested
significant time and resources in building systems designed to receive migrants, test
them for COVID-19 and quarantine them when necessary, and help them move on to
their next destination. In my opinion, if these programs received more grant funding
and resources, they could be scaled up to receive even more migrants than they
already do.
3. I have been with Casa Alitas for 7 years, since I helped establish the program. In
addition, I have held different roles in the nonprofit and social services sector,
including Director of Operations for Catholic Community Services of Southern
Arizona (CCS); Casa Alitas is a program of CCS. I have been with CCS for 35 years.
At Casa Alitas, I supervise 13 staff and coordinate over 100 volunteers.
4. Casa Alitas receives migrants directly from immigration custody. They often come
directly from Customs and Border Protection ("CBP") after being swiftly processed
near the border immediately after the migrants' entry. Others come from the custody
of Immigration and Customs Enforcement ("ICE"), after being held in immigration
detention for days or weeks. We have longstanding relationships with both CBP and
ICE, who know that we are available as a resource for migrants leaving immigration
custody. The migrants we serve are a mix of families with young children and single
adults.
5. Casa Alitas runs a variety of different programs for migrants who have recently come
to the United States. We run a hospitality center in Tucson, which serves as an initial
reception point for migrants who have just been released from detention. Volunteers
at the hospitality center greet the migrants and help them contact family members or
friends in the United States. If the migrant is able to join their family members
immediately, our volunteers help them arrange travel via bus or plane, and provide
them basic services (e.g. food, clothing, hygiene items) before they travel. Such
migrants typically spend only 24 hours or so at our reception centers.
1
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6. Those migrants who cannot travel right away typically spend one to three days in one
of our shelters, which are similarly run by volunteers and Catholic Community
Services staff members. There, the migrants receive food, shelter, and social services
assistance until they can depart for their ultimate destination.
7. The numbers of migrants we receive varies greatly from day to day. These numbers
depend on seasonal migration patterns, as well as the availability of other shelter
space for migrants being released from DHS custody. On a typical day during June,
July, and August of this year, Casa Alitas has received from 30 to 200 individuals per
day.
8. Casa Alitas, and other shelter providers operating along the Arizona-Mexico border,
have spent the last year or more developing infrastructure and systems to maximize
the health and safety of migrants and our staff members/volunteers during the
COVID-19 pandemic. Thanks to both private funding and partnerships with public
health agencies, Casa Alitas tests every migrant we receive at our reception centers
from DHS for COVID-19. We use a rapid test, which typically returns a result in a
few minutes. If the migrant tests negative and is able to leave our reception center
immediately to travel to relatives or friends, we then make travel arrangements to get
him or her to their next destination.
9. If the migrant tests positive, we sent them to quarantine. We have bed space at a local
hotel where the migrant can quarantine for 10 days, consistent with CDC guidelines.
These hotel beds can currently house approximately 24 migrants/families in
quarantine. We are currently working on obtaining additional quarantine space up to
114 rooms. Some migrants can travel quickly from our reception centers or shelters to
family or friends in the Tucson area, and those migrants typically choose to
quarantine with those local family or friends rather than quarantining in our hotel
spaces.
10. While the migrant is in quarantine in one of our hotel beds, and toward the end of the
10-day period, we conduct a second test. If the test comes back negative, we then help
arrange travel so that the migrant can go to their next destination.
11. In conjunction with public health agencies, we also offer Phizer, Moderna, and
Johnson & Johnson single-shot vaccines to all migrants at our reception centers and
shelters. For migrants receiving Pfizer or Moderna vaccines, we provide second dose
information available in their destination regions.
12. Since early summer 2021 , the number of families we receive from CBP or ICE has
reduced substantially. My understanding is that DHS has entered into a multi-million
dollar contract with a national agency known as Endeavors. Endeavors operates a
network of contracted hotels along the U.S.-Mexico border that serves as both shelter
2
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and quarantine space for migrants. Endeavors operates extensively in Arizona, and
since that contract began, DHS has largely referred migrant families to Endeavors,
rather than our reception centers and shelters. My understanding is that Endeavors has
substantial capacity to house families in the Arizona area.
13. In my opinion, the federal government has not exhausted the capacity of local
nonprofits to receive additional migrants in Arizona. As described above, Casa Alitas
and other shelter providers along the Arizona-Mexico border have developed a range
of systems to ensure that migrants can be processed both safely and efficiently as they
move on to their next destination in the United States. These programs could also be
scaled up to receive even more grants if the federal government were to devote
additional resources to nonprofits like ours.
I declare under penalty of perjury under the laws of the United States and Arizona that the
foregoing is true and correct.
Executed on: August 9, 2021, in Tucson, Arizona, United States.
Signature:
Teresa Cavendish
3
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DECLARATION OF KATE CLARK, ESQ.
I, Kate Clark, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I make this declaration based on my personal experience at JFS working with
noncitizen children and families subject to the Title 42 Process since the process
came into effect in March 2020. JFS and other nonprofits and advocacy
organizations, in conjunction with San Diego County and State of California health
authorities, have worked hard to develop effective systems to receive migrant asylum
seekers.
2. We have now built infrastructure to test, quarantine, and provide other necessary
services to migrants shortly after they enter the United States. In my opinion, these
operations are scalable if the federal government were to invest serious
resources, similar to what the government did to build capacity to house
increased numbers of unaccompanied children during 2021.
QUALIFICATIONS
3. I am Senior Director of Immigration Services and Lead Immigration Attorney at
Jewish Family Service of San Diego (“JFS”). Among my responsibilities is
coordinating our organization’s services for migrant refugees who are released from
Customs and Border Protection (“CBP”) custody so that they can seek immigration
relief in the United States.
4. I have been with Jewish Family Service for 11 years. Previously, I have held different
roles in the nonprofit and social services sector, including Director of Immigration
Services, Senior Attorney, and Immigration Attorney within the Immigration Services
division at JFS. At Jewish Family Service, I supervise a staff of approximately 100
staff between the legal services and humanitarian shelter operations.
5. JFS receives migrants directly from immigration custody. They often come directly
from Customs and Border Protection (“CBP”) after being swiftly processed for
release into the United States near the border, immediately after the migrants’ entry.
The migrants we serve are a mix of families with young children and single adults.
6. JFS operates one of two major “hubs” in the San Diego area that receive migrants.
Our hub receives migrants who are coming through the San Ysidro port of entry,
which is located near San Diego, California. The migrants coming through the port of
entry fall into a number of categories, including noncitizens processed via exemptions
from Title 42, noncitizens who were formerly forced to wait in Mexico for their
removal proceedings under the Migration Protection Protocols, and other noncitizens
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who DHS has paroled into the United States for various reasons. We also receive
some migrants who have sought to cross unlawfully through the port.
7. Catholic Charities operates the other major receiving hub. Their hub focuses on
noncitizens who cross the California-Mexico border between ports of entry, and are
apprehended by U.S. Border Patrol. Between our two hubs, I estimate that we have
the capacity to receive approximately 250-300 migrants per day and currently receive
that amount per day.
8. JFS’s hub is located in a hotel. We have chartered a set of buses that moves back and
forth all day from the San Ysidro port, which transport migrants from the port to our
hotel hub. One set of buses is for those migrants who have not been tested prior to
coming to the port; the other bus runs are for those who have already tested negative
before coming to the United States. Once a migrant arrives at the hub, and if they
have not already been tested before crossing, we test them for COVID-19. We also
test those noncitizens who have been tested, but are currently showing symptoms for
COVID-19. We use a PCR test, which typically returns a result within twelve hours.
9. If the migrant tests negative, or has already been tested and is not showing symptoms,
they stay in a room at our hub while we help them travel to their ultimate destination
in the United States. While they are staying at our hub, we provide food, shelter,
hygiene, medical, case management, and legal services. We also help make travel
arrangements. Such migrants typically stay at our hub for about two to three days,
before they leave for their next destination.
10. If the migrant tests positive for COVID-19, the County of San Diego requires those
noncitizens to quarantine for approximately 10 days. The County provides special
hotel spaces for quarantine. I estimate that the County has reserved several hundred
hotel beds for migrants to quarantine, and is working on developing more capacity.
11. After the migrant leaves quarantine, they return to our hub, where we provide them
the services described above, and help them move onto their next U.S. destination.
12. We also offer the vaccine to all migrants who come through our hub. We offer both
the Johnson & Johnson one-shot vaccine, as well as the Pfizer two-shot vaccine.
13. Both JFS’s hub and Catholic Charities’ hub also receive migrants who are transferred
to the San Diego area via so-called “lateral flights.” These flights are comprised of
migrants who are apprehended in other locations along the U.S.-Mexico border,
typically in the Rio Grande Valley region of Texas. Based on my observations, and
reports from the migrants themselves, CBP packs migrants onto these flights without
any testing or safety regimens. Some number of migrants on each flight are then
expelled back to Mexico via the San Ysidro port, and the remainder are allowed into
the United States and then eventually reach our hubs. Thus, by packing untested
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migrants into flights and later into short-term BP detention facilities in the United
States, CBP puts them at risk.
14. As described above, JFS and other organizations in the San Diego area have
developed a range of systems to ensure that migrants can be processed both safely
and efficiently as they move on to their next destination in the United States. We have
developed these systems in conjunction with the State and County’s public health
authorities, and ensure that our systems are consistent with public health guidance.
We have built up these systems via a mix of FEMA Emergency Food and Shelter
Program funding, private funding, and public-private partnerships with local
agencies. For example, we receive tests and vaccines from the State of California.
15. Unfortunately, we have developed these systems without the meaningful assistance of
the federal government, aside from the emergency relief funding which has been
provided through FEMA. The federal government could do much more to plan or
develop major infrastructure by investing in community-based support services along
the entire border to provide respite or transitional shelter to individuals and families
upon arrival to the U.S. and facilitate and fund transportation to their destinations
within the U.S., all in a manner that complies with federal, state, and local public
health guidelines and prioritizes the humane and dignified reception of newly arrived
individuals.
16. In my opinion, the federal government could scale up operations like ours by
channeling money and resources to local agencies with proven track records, or even
building up their own physical and other infrastructure to receive migrants. We have
recently seen the federal government conduct such operations to help unaccompanied
migrant children who are now exempt from Title 42. In response to increased
numbers, the federal government moved swiftly to stand up additional shelters and
facilities in California, and instituted testing and quarantine regimes for all
unaccompanied children in federal custody. This example shows that the government
can conduct such operations when it is willing to devote the resources to doing so.
I declare under penalty of perjury under the laws of the United States and California that the
foregoing is true and correct.
Executed on: August 10, 2021, in San Diego, California, United States.
Signature:
Kate Clark
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DECLARATION OF AARON REICHLIN-MELNICK
I, Aaron Reichlin-Melnick, make the following declaration based on my personal knowledge and
declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and
correct.
Summary
1.
I submit this declaration to make two principal points in response to the government’s
argument that an injunction of Title 42 expulsions for family unit members would strain CBP’s
ability to safely process asylum seeking families at the border. First, while the government points
to a high number of overall “encounters” with undocumented noncitizens at the border, that
figure is misleading. Title 42 has perversely led to a high level of “recidivism”—individuals
attempting to cross the border (and seek safety in the United States) more than once, and often
many times. Thus Title 42, far from reducing border “encounters,” has in fact increased the
number of border encounters, and thus the number of times CBP officials must interact with
families and other noncitizens.
2.
Second, it is important to place the number of individuals potentially impacted by an
injunction in this case in context. The number of people entering the United States lawfully at
land ports of entry, such as U.S. citizens and permanent residents traveling for pleasure, truck
drivers, students, and people attending business meetings, is vastly larger than the number of
family unit members apprehended and currently subject to Title 42. Indeed, family unit members
who are subjected to Title 42 in June 2021 represented roughly 0.1% of the number of
individuals who entered the United States from Mexico through a land port of entry. Yet while
that vastly larger set of individuals is subject to no testing or other COVID screening, the
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government claims the relatively tiny set of families must be expelled in the name of public
health.
Qualifications
3.
I am a Policy Counsel at the American Immigration Council (“Immigration Council”), a
nonprofit and non-partisan organization whose mission includes the use of facts to educate the
public on the important and enduring contributions that immigrants make to America. At the
Immigration Council, I track and analyze immigration-related statistics produced by the
Department of Homeland Security (“DHS”), data on border crossings produced by the
Department of Transportation (“DOT”), and any other available data on border processing
produced by reputable sources.
4.
I have previously submitted declarations analyzing government-produced immigration
statistics in East Bay Sanctuary Covenant v. Barr, 4:19-cv-04073-JST (N.D. Cal. filed July 16,
2019), Innovation Law Lab v. McAleenan, 3:19-cv-00807-RS (N.D. Cal. filed Feb. 14, 2019),
and Padilla v. ICE, No. 2:18-cv-00928-MJP (W.D. Wash. filed June 25, 2018).
5.
In my role as policy counsel, I have extensively studied the impact of the novel coronavirus
SARS-CoV-2 (“COVID-19”) on the United States’ immigration system. I have also extensively
studied the current humanitarian processing challenges occurring at the U.S.-Mexico border.
6.
On April 27, 2021, I testified as an expert on border trends in front of the House Homeland
Security Subcommittee on Border Security, Facilitation, and Operations at a hearing entitled
Unaccompanied Children at the Border: Stakeholder Perspectives on the Way Forward.
7.
In preparation for this declaration I reviewed Defendants’ declarations, the Centers for
Disease Control and Prevention (“CDC”) Title 42 Orders, public statistics on entries into the
United States that are published by U.S. Customs and Border Protection (“CBP”) and DOT, as
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well as public information from the CDC on COVID-19 screening and quarantine protocols for
individuals who enter the United States through a port of entry or who enter irregularly between
ports of entry. I have also reviewed all available data on Title 42 and its effect on individuals
entering between ports of entry, as well as extensive public news reporting on the current status
of testing and quarantine protocols in use by nongovernmental organizations which are assisting
families released by CBP.
Title 42 Artificially Inflates The Total Number Of Border “Encounters”
8.
In opposing an injunction in this case, DHS repeatedly points to the number of “border
encounters.” Decl. of David Shahoulian ¶ 19. DHS argues that because of these high encounter
rates, the Court should not enjoin Title 42 as applied to families.
9.
The statistics on which DHS is relying—rates of “encounters”—are misleading, however,
because Title 42 itself has artificially inflated the number of “encounters” as compared to the
actual number of people seeking to cross the border and find protection in the United States. That
is because when a person attempts to cross multiple times—sometimes 3, 5, 10, or more—each
time they are apprehended is counted as a new “encounter.” And Title 42 has dramatically
increased how often people try to cross the border multiple times—as CBP officials have
themselves admitted.
10. For over a decade, CBP has tracked the “recidivism rate” of individuals encountered at the
southwest border, meaning the percent of those individuals apprehended at the border who have
previously been apprehended. The agency calculates this rate by dividing the number of “unique
individuals” who have been apprehended more than once at the border during a 12-month period
by the total number of “unique individuals” apprehended over that same period. See Carla N.
Argueta, Border Security Metrics Between Ports of Entry, Congressional Research Service, Feb.
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16, 2016, at 7. The statistics refer to “unique individuals” because a single “unique individual”
may be encountered multiple times. For example, if 100 unique individuals were encountered,
and two of them had been encountered more than once in the past 12 months, the recidivism rate
would be 2 percent.
11. From 2007 through 2019, recidivism rates fell steadily. But under Title 42, the recidivism
rate rose from 6.7 percent in Fiscal Year 20191 to 24.9% in Fiscal Year 2020. See Customs and
Border Protection, U.S. Customs and Border Protection Budget Overview: Fiscal Year 2022
Congressional Justification (2021), at CBP – 2. The recidivism rate has risen even further since,
increasing to 40% for Fiscal Year 2021 through May 2021 (see Figure 1).
Figure 1: Border Recidivism Rate, Fiscal Year 2005 to FY 2021 (through May)2
12. That increase makes sense: After Title 42 went into effect, the overwhelming majority of
undocumented Guatemalans, Hondurans, Salvadorans, and Mexicans who crossed the border
were expelled under Title 42 were sent back to Mexico without a deportation order or an
1 The federal government’s fiscal year runs from October 1 through September 30, so Fiscal
Year 2021 began on October 1, 2020.
2 See U.S. Customs and Border Protection, Congressional Budget Justifications, FY 2008-2022;
data for Fiscal Year 2021 through May on file with author.
25%
28% 29% 27% 27%
24%
20%
17% 16% 14% 14% 12% 11% 11%
7%
26%
40%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Recidicvism Rate
Fiscal Year
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opportunity to access to the asylum process. As a result, the rate at which people crossed the
border multiple times began to increase, as desperate individuals sought to cross repeatedly.
13. High recidivism rates since Title 42 went into place have led to a significant inflation of the
overall count of encounters compared to previous years. For example, during the first nine
months of Fiscal Year 2019, CBP recorded 780,479 encounters, of which 721,328 were unique
encounters of people who had not been encountered in the previous 12 months. During the first
nine months of Fiscal Year 2021, CBP recorded 1,119,204 encounters, of which 690,718 were
unique encounters—30,610 fewer unique encounters than in Fiscal Year 2019 despite 338,725
more overall encounters.
14. The increased recidivism rate is new for family units, who have in previous years shown
very low rates of recidivism. For example, through the first nine months of Fiscal Year 2019 the
recidivism rate for members of family units was just 1.5% (6,354 out of 421,428 unique
individuals encountered). By comparison, through the first nine months of Fiscal Year 2021, the
recidivism rate for family units has grown to 16.8% (35,231 out of 209,862 unique individuals
encountered). Reports by advocates along the border indicate that the true rate may be even
higher. After a first failed attempt as a family, some families are breaking up to try to reenter as
single adults and unaccompanied children, in the hope that the children at least will be exempted
from Title 42 and the adults can take a shot at crossing on their own.
15. CBP has formally acknowledged the link between Title 42 and an increased recidivism rate.
See Customs and Border Protection, U.S. Customs and Border Protection Budget Overview:
Fiscal Year 2022 Congressional Justification (2021), at CBP – 2. As the agency explained:
“[I]ncluding persons encountered by Border Patrol and expelled under Title 42 authority has
substantially increased the number of persons counted by this [recidivism rate] measure.” Id.
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16. DHS’s reliance on levels of encounters thus overstates the true level of migration, a fact
which CBP has also acknowledged. “The large number of expulsions during the pandemic has
contributed to a larger-than-usual number of noncitizens making multiple border crossing
attempts, and means total encounters somewhat overstate the number of unique individuals
arriving at the border.” Customs and Border Protection, CBP Announces May 2021 Operational
Update, June 9, 2021, https://www.cbp.gov/newsroom/national-media-release/cbp-announces-
may-2021-operational-update. In other words, Title 42 has led to an exaggerated measure of the
total number of individuals coming to the United States by prompting a larger number of
encounters of the same people attempting to enter over and over.
17. DHS’s declarant suggests that encounters are currently at a “historic” level. Shahoulian
Decl. ¶ 20. But as explained, that encounter data is elevated because of Title 42, so the
comparison to past years in which that program was not encouraging increased recidivism is
comparing apples to oranges. Furthermore, even apart from the government’s failure to properly
take into account the high recidivism rate, the declarant himself acknowledges that total
encounters have been higher in the past, namely in Fiscal Year 2000.
18. DHS’s declarant also makes comparisons to the very early days of the COVID-19
pandemic, including arguing that family encounters have increased “100-fold” since April 2020.
Shahoulian Decl. ¶ 23. But that is misleading as well, as movement around the world cratered
during those months and Mexico went into a 70-day lockdown. Thus, using April 2020 as a
baseline is fundamentally misleading when other more relevant baselines exist. For example,
there were 88,587 encounters of family unit members in May 2019, which is 120 times higher
than the April 2020 figure the declarant uses as his baseline—and is notably higher than the July
2021 figures that he cites.
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19. In sum, the evidence indicates that Title 42 has increased the number of encounters at the
southern border. And yet DHS is paradoxically using that inflated level of encounters to justify
keeping Title 42 in place for families. Indeed, by encouraging repeat crossings, Title 42 may well
be exacerbating the public health situation it is supposed to address: Each successive Title 42
“encounter” means an additional time that CBP must interact with a family, rather than just being
processed once under ordinary immigration procedures.
Permitted Entries At Ports Vastly Outnumber Families Subjected To Title 42
20. Despite some restrictions DHS has imposed on non-essential travel at land ports of entry
between the United States and Mexico, millions of individuals are permitted to enter the United
States from Mexico every month. Permitted entries include not only all U.S. citizens and lawful
permanent residents (traveling for any purpose including tourism), but also any individual
travelling to attend school or work in the United States, all individuals “engaged in lawful cross-
border trade” such as truck drivers, and any individual travelling for medical treatment in the
United States. See, e.g., U.S. Department of Homeland Security, Notification of Temporary
Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United
States and Mexico, 85 Fed. Reg. 22,353 (April 22, 2020).
21. Since March 2021, more than 10 million people a month have entered the United States
from Mexico through a land port of entry. By June 2021, an average of 361,976 people per day
were entering the country through land ports of entry along the southwest border. Notably, these
restrictions do not include a requirement to present a negative test for COVID-19 nor do they
require CBP officials to screen individuals for symptoms of COVID-19.
22. By contrast, approximately 2,583 individuals in family units are apprehended along the
border every day. Shahoulian Decl. ¶ 19. Of those, according to recent government statistics,
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currently approximately 86% are being processed into the country and not expelled. The
remaining 14% who are expelled represent roughly 362 individuals expelled per day, or the
equivalent of 0.1% of the average 361,976 individuals who entered from Mexico at land ports
every day in June 2021. Thus, families subject to Title 42 make up a very small number of
entries into the United States from Mexico. And unlike those entering the United States through
ports of entry, in nearly all cases, families released by CBP and permitted to travel further into
the United States are not only tested for COVID-19 but also given quarantine space if
necessary—albeit generally by nonprofit organizations or local government agencies rather than
the federal government.
EXECUTED this ___10th__ day of August, 2021.
________/s/ Aaron Reichlin-Melnick______
AARON REICHLIN-MELNICK
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DECLARATION OF ALAN E. VALDEZ JUÁREZ
I, Alan E. Valdez Juárez, declare that the following is true and correct:
1. I am the Executive Director of AVS Laboratorios (“AVS”), a medical analysis and
testing laboratory service located in Piedras Negras, Coahuila, Mexico.
2. Earlier this year, AVS began conducting COVID-19 testing for asylum seekers in Piedras
Negras who had received pre-approval for exemptions from the Title 42 Order and had
been scheduled for appointments to present for processing into the United States at the
Eagle Pass, Texas Port of Entry. The majority of the asylum seekers tested by AVS have
been members of families who are scheduled to present at the Port of Entry as family
units. As required by the United States government, all such testing has been performed
within 72 hours of the asylum seekers’ scheduled appointments at the Port of Entry.
3. As of August 6, 2021, AVS has administered 404 COVID-19 tests for asylum seekers
scheduled for appointments to enter the United States as part of this Title 42 exemption
process. Of those 404 tests, 8 came back with positive results reflecting that the
individuals tested were infected with COVID-19. This constitutes a test positivity rate of
1.98 percent.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on this 6th of August 2021 in Piedras Negras, Coahuila,
Mexico.
s/ Alan E. Valdez Juárez
Alan E. Valdez Juárez
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DECLARATION OF EDGAR RAMÍREZ LÓPEZ
I, Edgar Ramírez López, declare that the following is true and correct:
1. I am the owner and manager of Laboratorio Noralba (“Lab Noralba”), a medical testing
laboratory located in Ciudad Acuña, Coahuila, Mexico.
2. Earlier this year, my lab began conducting COVID-19 testing for asylum seekers in
Ciudad Acuña who had received pre-approval for exemptions from the Title 42 Order
and been scheduled for appointments to present for processing into the United States at
the Port of Entry in Del Rio, Texas. The majority of the asylum seekers tested by Lab
Noralba have been members of families who are scheduled to present at the Port of Entry
as family units. In accordance with requirements of the United States government, all
such testing has been performed within 72 hours of the asylum seekers’ scheduled
appointments at the Port of Entry.
3. As of August 6, 2021, Lab Noralba has administered 186 COVID-19 tests for asylum
seekers scheduled for appointments to enter the United States as part of this Title 42
exemption process. Of those 186 tests to date, none has yet yielded a positive result
indicating that the individual tested was infected with COVID-19.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on this 6th of August, 2021, in Ciudad Acuña, Coahuila,
Mexico.
s/ Edgar Ramírez López
Edgar Ramírez López
CERTIFICATE OF TRANSLATION
I, Morgan Russell, hereby certify and swear under penalty of perjury that I am competent to
translate between English and Spanish, that I translated the content of the foregoing declaration
to Edgar Ramírez López in Spanish on August 6, 2021, and that he confirmed that its content is
true and correct.
Executed on this 6th of August 2021 in Oakland, California.
s/ Morgan Russell
Morgan Russell
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DECLARATION OF SAMUEL THOMAS BISHOP
I, Samuel Thomas Bishop, declare as follows:
1. I am the Mexico Country Director for Global Response Management (“GRM”), a
veteran-led international medical non-governmental organization that provides
emergency medical services to vulnerable populations displaced by conflict, war, or
disaster.
2. As part of its operations in Matamoros, Tamaulipas, Mexico, GRM conducts SARS-
CoV-2 rapid antigen testing for asylum seekers and others in need of free COVID-19
testing services. The overwhelming majority of people who have received COVID-19
antigen testing at our clinic in Matamoros are asylum seekers who have received pre-
approval for exemptions from the Title 42 Order and been scheduled for appointments to
present for processing at the Brownsville Port of Entry. As required by the United States
government, all such testing for exemption appointments is performed within 72 hours of
the asylum seekers’ scheduled appointments at the Port of Entry.
3. During the month of July 2021, GRM administered 1,111 SARS CoV-2 antigen tests in
Matamoros. Of those tests, 9 came back positive for SARS-CoV-2 antigens. That
constitutes an antigen positivity rate of 0.81%. It is important to understand that this is
not a community prevalence rate. Rather it is the antigen positivity rate of individuals
who were tested in our clinic. It is also important to note that rapid antigen tests, like all
tests, are not 100% accurate.
I declare under penalty of perjury that the foregoing is true and correct. Executed on this 10th of
August 2021 in Austin, Texas.
X
Samuel Thomas Bishop
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DECLARATION OF LUIS ALBERTO LIZARRAGA TOLENTINO
I, Luis Alberto Lizarraga Tolentino, declare that the following is true and correct:
1. I am an Administrative Assistant at Clinica Medica International ("CMI"), a medical
examination and testing company specializing in immigration-related meclical exams and
testing. CMI has testing facilities in Ciudad Juarez and Tijuana, Mexico.
2. Over the last several months, CMI has conducted COVID-19 testing for asylum seekers
in Tijuana who had received pre-approval for exemptions from the Title 42 Order and
scheduled for appointments to present for processing into the United States at the San
Ysidro Port of Entry in California. The majority of the asylum seekers tested by CMI in
Tijuana have been members offarnilies who are scheduled to present at the Port of Entry
as family units. In accordance with requirements from the United States government, all
such testing has been performed within 72 hours of the asylum seekers' scheduled
appointments at the Port of Entry.
3. Through August 7, 2021, CMI administered 2,644 COVID-19 tests for asylum seekers
scheduled for appointments to enter the United States at the San Ysidro Port of Entry as
part of this Title 42 exemption prQcess. Of those 2,644 tests, only 21 yielded a positive
result indicating that the individual tested was infected with COVID-19. This constitutes
a test positi ·
ate of O. 79 percent.
erjury under the laws of the United States that the foregoing is
this 11th of August 2021 in Tijuana, Baja California, Mexico.
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1
DECLARATION OF CECILIA MENJIVAR, Ph.D.
I, Cecilia Menjivar, declare as follows:
I make this declaration based on my own personal knowledge and if called to testify I
could and would do so competently as follows.
I.
Summary
1.
The government’s assertion that an injunction in this case would be a “pull factor”
triggering an increase in the arrival of asylum-seeking families requesting entry to the United
States is unfounded. I have studied the causes of migration for decades and they are not a
function of U.S. court decisions or changes in policy, but conditions in migrants’ countries of
origin. For refugees, threats to life or freedom in their countries of origin are a strong push factor
that will likely overcome any disincentive created by harsher enforcement policies at the
southern border.
II.
Qualifications
2.
I received my Ph.D. in Sociology from the University of California, Davis in
1992. My doctoral dissertation was titled “Salvadoran Migration to the U.S.: The Dynamics of
Social Networks in International Migration.”
3.
Currently, I am a professor of Sociology at University of California, Los Angeles,
where I hold the Dorothy L. Meier Chair in Social Equities. Previously, I was Foundation
Distinguished Professor of Sociology at the University of Kansas. And prior to my position at
KU, I was on the faculty at Arizona State University for 19 years, where I was Cowden
Distinguished Professor with my appointment as full professor.
4.
At UCLA, I am affiliated faculty in the Latin American Institute and the Center
for the Study of International Migration, and Faculty Fellow of the California Center for
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2
Population Research. At KU, I served on the executive board of the Center for Latin American
Studies and co-founded and co-directed the Center for Migration Research. I was a Senior
Fellow at the American Immigration Council’s Immigration Policy Center in 2012-2013. There,
I wrote a report on immigrant women as they go through the legalization process. I was one of
18 members of the National Academy of Sciences panel on immigrant integration and wrote a
report summarizing the state-of-the-art research on immigrant integration. I assisted the United
Nations High Commissioner for Refugees (UNHCR) in its 2015 report, Women on the Run,
which documented the factors that drive female asylum seekers to flee Guatemala, El Salvador,
and Honduras in search of protection in the United States. In addition, I am in charge of
summarizing the sociological research about and from Central America for the Library of
Congress’ Handbook on Latin American Studies, published biannually. For the past 25 years I
have taught courses on research methods, immigration, refugees, and gender violence.
5.
I am the author or editor of six books addressing violence, gender, and
immigration, primarily focusing on the context of Central American states. My first published
book, Fragmented Ties: Salvadoran Immigrant Networks in America, was named one of the
twelve most influential books on the family since 2000 in a review published in the journal
Contemporary Sociology. My second book, Enduring Violence: Ladina Women’s Lives in
Guatemala, was published by the University of California Press in 2011 and received several
awards; the Spanish translation was published in Guatemala in 2014. My third book, Immigrant
Families, was published in 2016. In addition, I have edited fourteen volumes of essays and
articles related to immigration and the lives of Central American and immigrant women and
children. I am co-editor The Oxford Handbook of Migration Crises, published by the Oxford
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3
University Press in 2019, and of the volume Undocumented and Unaccompanied: Children of
Migration in the European Union and the United States, to be published by Routledge in 2021.
6.
Since 1993, I have published more than 150 peer-reviewed scholarly articles,
book chapters, and contributions to encyclopedias, many of which present the results of original
quantitative and qualitative research about migration to the United States from Central America.
A complete list of my publications is included in my C.V. A true and correct copy of my C.V. is
attached as Exhibit A. I currently sit on the Editorial Board of eleven journals dedicated to the
fields of sociology, migration, and Latin American and Latino Studies.
7.
In August 2020, I was awarded the Distinguished Career Award by the American
Sociological Association’s Section on International Migration. I currently serve as President of
the American Sociological Association.
8.
I have previously provided affidavits or testimony as an expert witness in more
than four dozen cases in federal court, in immigration court, or in asylum proceedings.
9.
My opinions derive from the three decades of study that I have carried out
specific to the topic of migration; my hundreds of interviews with migrants and potential
migrants from Central America and their families; review of the relevant research on the topic in
my field of general migration, and more specifically of migration and violence in Central
America; and my understanding of prevailing norms of social science research methods as
developed through my training, scholarship, and teaching.
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4
III.
Findings and Opinions
10.
I write to address the assertions made by government declarants in this case that
an injunction prohibiting application of the Title 42 exemption process may result in an increase
in the number of asylum-seeking families arriving at the southwest border.1
11.
These claims that an injunction prohibiting the government from enforcing the
Title 42 order against asylum-seeking families would serve as a migration “pull factor” are
unfounded.
12.
As background, it is helpful to understand that immigration across the southwest
border has fluctuated in recent years but has declined significantly overall in the past two
decades.2 The number of migrants apprehended by U.S. Border Patrol officials at the U.S.-
Mexico border in fiscal year (“FY”) 2018 was 396,579.3 In FY 2019, notwithstanding the Trump
administration’s introduction of controversial policies such as the Migration Protection Protocols
(MPP)4—which forced asylum seekers to remain in dangerous conditions in northern Mexico
while awaiting U.S. immigration court hearings—the number of apprehensions rose to 851,508.5
The number of apprehensions in FY 2020 returned to 400,651, slightly higher than the FY 2018
1 See Declaration of Troy A. Miller ¶ 7, ECF No. 82-2 (Feb. 17, 2021); Declaration of Russell
Hott ¶ 31, ECF No. 76-3 (Feb. 17, 2021).
2 National Public Radio, 3 Charts That Show What’s Actually Happening Along The Southern
Border (June 22, 2018), https://www.npr.org/2018/06/22/622246815/unauthorized-
immigrationin-three-graphs; Stuart Anderson, There Is No Crisis At The Border—And DHS Stats
Prove It, Forbes, June 25, 2018, https://www.forbes.com/sites/stuartanderson/2018/06/25/there-
is-nocrisis-at-the-border-and-dhs-stats-prove-it/#2ef5fded112a (“Donald Trump talked about ‘the
illegal immigration crisis on the southern border.’ But data coming from his own administration
show there is no such crisis.”)
3 U.S. Customs and Border Protection, Southwest Border Migration FY2018,
https://www.cbp.gov/newsroom/stats/sw-border-migration/fy-2018.
4 Migration Protection Protocols, Department of Homeland Security (Jan. 24, 2019).
5 U.S. Customs and Border Protection, Southwest Border Migration FY2019,
https://www.cbp.gov/newsroom/stats/sw-border-migration/fy-2019.
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5
figure.6 In comparison, southwest border apprehensions were much higher in previous years. For
example, FY 2000 saw a record high of 1,643,679 apprehensions.7 Each of the previous three
decades saw multiple years in a row where border apprehensions exceeded one million, e.g., FY
1983 through 1987, FY 1990 through 1994, FY 1995 through 2001, and FY 2004 through 2006.8
13.
Turning to the Title 42 expulsion process at issue in this case, the evidence does
not indicate that enforcement of the CDC Title 42 Orders has served as a deterrent to decrease
migration at the southwest border. The government’s declarant, Mr. Miller, acknowledges in his
declaration that both the number of total so-called CBP “encounters” along the southwest border
increased every month from April 2020 to January 2021—and that the number of “encounters”
involving families increased in all but one of those months—notwithstanding enforcement of the
Title 42 process against single adult asylum seekers, families, and unaccompanied children
throughout that period.9
14.
The evidence therefore does not indicate that enforcement of the Title 42 process
to summarily expel asylum seekers and unaccompanied children since late March 2020
suppressed or deterred the migration of those groups to the southwest border. This lack of
deterrent effect of the Title 42 process was predictable, as it is well recognized that such harsh
immigration enforcement policies are ineffective at deterring migrants fleeing violence, as is the
case for most asylum-seeking families who arrive at the southern border. Because large-scale
6 U.S. Customs and Border Protection, Southwest Border Migration FY2020,
https://www.cbp.gov/newsroom/stats/sw-border-migration-fy2020.
7 U.S. Border Patrol, Southwest Border Sectors, Total Illegal Alien Apprehensions By Fiscal
Year, https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/bp-southwest-
bordersector-
apps-fy1960-fy2018.pdf. This document is attached as Exhibit B to this declaration.
8 Id.
9 Declaration of Troy A. Miller ¶¶ 5, 12, ECF No. 82-2 (Feb. 17 2021).
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6
application of the Title 42 process did not reduce the number of such asylum seekers arriving at
the border, there is no evidence or any reason to believe that a preliminary injunction enjoining
application of the Title 42 process to asylum-seeking families will increase the number of such
families arriving at the border.
15.
Mr. Miller’s sole example of a previous court order that purportedly “served as a
pull factor” for asylum seekers fleeing to the United States is unpersuasive. Mr. Miller reports
that in the ten-week period from the Court’s entry of its preliminary injunction in P.J.E.S. v. Wolf
on November 18, 2020 and the end of January 2021, CBP encounters of unaccompanied children
increased by 16.4 percent compared to the ten-week period preceding entry of the injunction.10
However, between April and November 2020, the number of reported “encounters” of
unaccompanied children had already been steadily increasing each month compared to the month
before: by 36 percent in May 2020; by 68 in June 2020; by 48 percent in July 2020; by 24
percent in August 2020; by 25 percent in September 2020; and again by 24 percent in October
2020.11 Therefore, while it is true that “encounters” of unaccompanied children increased by 9
percent in December 2020 as compared to November 2020, and by 17 percent in January 2021 as
compared to December 2020, these post-injunction monthly percentage increases were actually
smaller than the corresponding increases that preceded the injunction, during months when
unaccompanied children were being expelled pursuant to Title 42.12 Similarly, such encounters
of unaccompanied children decreased by 21 percent from April to May 2021—well after
10 Declaration of Troy A. Miller ¶ 7, ECF No. 76-2 (Feb. 17, 2021).
11 U.S. Customs & Border Protection, Southwest Land Border Encounters,
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters (last visited Aug. 5,
2021).
12 Id.
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7
unaccompanied children had been exempted from Title 42—before increasing again modestly in
June 2021.13 When placed in the appropriate context of these larger fluctuations, including the
months-long upward trend in unaccompanied child encounters that preceded the date of the
P.J.E.S. injunction, there is no basis for Mr. Miller’s assumptions that a 16 percent increase in
encounters of unaccompanied children in the weeks following the entry of the injunction is either
significant or remotely attributable to the injunction itself.
16.
Additionally, it is critical to keep in mind that CBP’s southwest border
enforcement “encounter” numbers are inflated. This is because the immediate expulsion of
families and others across the border into Mexico under Title 42 leads to repeat encounters
involving the same previously-expelled individuals as they attempt to cross again and again. In
an Operational Update published on July 16, 2021, CBP acknowledged: “The large number of
expulsions during the pandemic has contributed to a larger-than-usual number of migrants
making multiple border crossing attempts, which means that total encounters somewhat overstate
the number of unique individuals arriving at the border.”14 Thus, “between March 20, 2020
[when the first CDC Title 42 Order was issued] and February 4, 2021, 38 percent of all
[southwest border] encounters involved recidivism, or individuals who have been apprehended
13 Id.
14 U.S. Customs & Border Protection, CBP Announces June 2021 Operational Update, July 16,
2021, https://www.cbp.gov/newsroom/national-media-release/cbp-announces-june-2021-
operational-update.
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more than once.”15 In June 2021, the repeat-encounter rate was 34 percent.16 By comparison, the
equivalent “re-encounter rate” averaged just 14 percent from FY 2014 through FY 2019.17 Thus,
while CBP reported that it had “encountered 188,829 persons attempting entry along the
Southwest Border” in June 2021, “[t]he number of unique new encounters in June 2021 was
123,838.”18 More broadly, “[t]he number of unique individuals encountered” during FY 2021
through June 2021 was “454,944 compared to 489,760 during the same time period in 2019.”19
17.
The current numbers of apprehensions at the southwest border are partly due to
the presence of a large population of asylum seekers stranded in Mexico who have not been able
to seek protection in the United States. Several factors explain the presence of this population of
vulnerable people in Mexico who repeatedly seek to cross into the United States. First, as
explained in greater detail below, the high rates of violence in northern Central America
continued and increased in some respects during the COVID-19 pandemic. Second, “historic
lockdowns” and “strict restrictions on movement” in northern Central America and in Mexico
during the first months of the pandemic delayed the ability of many asylum seekers to migrate in
15 U.S. Customs & Border Protection, CBP Announces January 2021 Operation Update, Feb. 10,
2021, https://www.cbp.gov/newsroom/national-media-release/cbp-announces-january-2021-
operational-update; see also, e.g., Julián Aguilar, Border Apprehensions Down Sharply in 2020
but Spiked in September, Texas Tribune (Oct. 14, 2020) (reporting that the Title 42 policy “has
led to an increase in repeat attempts by individual crossers and quoting U.S. Border Patrol Chief
Rodney Scott as acknowledging that “recidivism has gone up dramatically,” and is “in excess of
50%” in some areas of the border).
16 Id.
17 U.S. Customs & Border Protection, CBP Announces June 2021 Operational Update, July 16,
2021, https://www.cbp.gov/newsroom/national-media-release/cbp-announces-june-2021-
operational-update.
18 Id.
19 Id.
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search of safety.20 The Trump administration’s suspension of the normal processing of asylum
seekers into the United States (including the MPP program and ultimately Title 42) could not and
did not dissuade or prevent migrants from fleeing the violence they fear in their countries of
origin. However, those measures—and the continued use of Title 42 by the current
administration—have prevented asylum seekers from being processed into the United States.
This has created a large backlog of refugees stranded in especially dangerous areas of northern
Mexico—a country which is in general one of the most dangerous migrant corridors in the world,
and has become increasingly so. These families and individuals understandably try repeatedly to
cross into the United States to seek safety from kidnapping, rape, and other dangers.21
18.
Even considering the inflated nature of the “encounter” figures that CBP has used
since the imposition of the Title 42 process in March 2020, it is clear that keeping Title 42 in
place through the remainder of last year did not deter outward migration by asylum seekers. As
Mr. Miller acknowledged in his declaration, the increase in total southwest border encounters
from 17,106 in April 2020 to 78,323 in January 2021 “represent[ed] an increase of 357
20 See, e.g., Laura Gottesdiener, Lizbeth Diaz & Sarah Kinosian, Central Americans Edge North
as Pandemic Spurs Economic Collapse, Reuters (Oct. 15, 2020) (reporting that in the early
months of the pandemic, “U.S.-bound migration plummeted as Central American . . . countries
imposed strict restrictions on movement in response to the growing coronavirus pandemic”; and
that these “controls on movement across the region, shrinking resources available to many
potential migrants, and lingering fears of the pandemic still raging in Mexico and the United
States” largely “kept a lid on migration” into Fall 2020), https://www.reuters.com/article/us-usa-
immigration-centralamerica/central-americans-edge-north-as-pandemic-spurs-economic-
collapse-idUSKBN2701GL; Sofia Menchu & Nelson Renteria, El Salvador, Guatemala Ramp
Up Coronavirus Fight, Impose Curfews, Reuters (Mar. 21, 2020),
https://www.reuters.com/article/us-health-coronavirus-el-salvador/el-salvador-guatemala-ramp-
up-coronavirus-fight-impose-curfews-idUSKBN21904R.
21 See, e.g., Al Jazeera News, “I Don’t Feel Safe”: Migrants Face Attacks, Threats in Mexico—
New Report Finds 492 Attacks Against Migrants stuck at US-Mexico Border or Expelled from
US to Mexico Since January 21 (Apr. 21, 2021), https://www.aljazeera.com/news/2021/4/21/i-
dont-feel-safe-migrants-face-attacks-threats-mexico.
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percent”;22 and the increase in family unit encounters from 738 in April 2020 to 7,490 in January
2021 “represent[ed] a 915 percent increase.”23 Accordingly, it is clear that aggressive
enforcement of the Title 42 process by the Trump administration between April 2020 and
January 2021 did not deter migration to the southwest border either overall or with respect to
families specifically.
19.
The Title 42 program’s lack of deterrent effect on migration is not at all
surprising, even for such an extreme departure from the United States’ obligations to receive
asylum seekers. Studies of the effects of immigration enforcement policies have shown that the
imposition of harsher measures on asylum seekers has no deterrent effect on migration. The
International Detention Coalition has explained that “asylum seekers’ destinations are
determined largely by historical, economic, and reputational factors that cannot be influenced by
immigration policy makers.”24 DHS’s own Advisory Committee on Family Residential Centers
concluded that “[d]espite efforts to deter immigration from [Central American] countries,
unaccompanied children and families (mainly mothers and children) continue to brave the
treacherous journey to a safer location” ” rather than face violence in their home countries.25
This point has been thoroughly documented, including in UNHCR’s 2015 Women on the Run
report and in my own work. In interviews I personally conducted with women in Guatemala and
with my research team with deportees in Honduras, interview subjects repeatedly stated that they
22 Declaration of Troy A. Miller ¶ 12 (Feb. 17, 2021).
23 Id. ¶ 5.
24 Int’l Detention Coalition, Does Detention Deter? at 4 (Apr. 2015), available at
https://idcoalition.org/wp-content/uploads/2015/04/Briefing-Paper_Does-Detention-Deter_April-
2015-A4_web.pdf (comparing migration policies in twenty industrialized countries against the
number of asylum seekers over a fourteen-year period).
25 DHS Advisory Committee, Report on Family Residential Centers at 109 (Sept. 30, 2016),
https://www.ice.gov/sites/default/files/documents/Report/2016/ACFRC-sc-16093.pdf.
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knew the journey to the United States would be perilous but that the dangers they faced in
Guatemala and Honduras left them no alternative but to leave. The Honduran deportees had
previously endured harrowing journeys through Mexico but were already planning to leave again
because living in Honduras was impossible.
20.
Moreover, in a memorandum prepared in early 2019, former Acting Secretary of
Homeland Security Chad Wolf acknowledged that the then-“recent[ly] implement[ed]” MPP
program “w[ould] not ultimately affect the flow of migrants heading north” from Mexico and
Central America.26 Mr. Wolf reached this conclusion based in part on the lack of other safe
destinations for asylum seekers in the region.27 Indeed, as noted above, despite DHS’s large-
scale implementation of MPP and other similarly unprecedented and extreme measures to
prevent asylum seekers from gaining protection in the United States throughout 2019, southwest
border apprehensions increased significantly in FY 2019 from FY 2018.
21.
These same conclusions regarding the failure of prior harsh enforcement efforts to
deter asylum seekers apply equally to the Title 42 process. The nature of the migrant flows of
asylum-seeking families undercuts any theorized deterrent effect of harsher immigration policies.
While the overall number of migrants has decreased dramatically in recent years compared to
two decades ago, the number of migrants from the smaller countries in northern Central America
has continued to grow in recent years,28 and includes a higher percentage of women, children,
26 Chad F. Wolf, Senior Official Performing the Duties of the Under Secretary, DHS Office of
Strategy, Policy, and Plans, Department of Homeland Security, Memorandum for the Secretary
re: Migrant Protection Protocols as only One Piece of a Comprehensive Approach to Regional
Migration Management at 1, available at http://www.dmrs-ep.org/wp-
content/uploads/2020/11/2019-ICLI-00062.pdf.
27 Id. at 1-2.
28 D’vera Cohn et al., Rise in U.S. Immigrants From El Salvador, Guatemala and Honduras
Outpaces Growth From Elsewhere, Pew Research Ctr.: Hispanic Trends (Dec. 7, 2017)
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and families because they are being driven from their homes due to horrific violence in those
countries.29 “By the end of 2019, nearly 800,000 people from El Salvador, Guatemala and
Honduras had sought protection either within their countries or had crossed international borders
to escape escalating levels of gang violence and persecution, among other push factors. In this
context, children and adolescents are particularly vulnerable.”30 “Defying the gangs is extremely
dangerous, particularly as retaliation not only affects the youth who refuse to join them, but also
their family members who become targets of attacks. . . . This targeted violence and a lack of
overall safety within their communities and countries has driven many families to leave their
homes.”31
22.
In northern Central America, law enforcement organizations, including especially
the police, are frequently bribed by gangs or otherwise complicit with gangs’ activities. Even law
enforcement officers who are not on gangs’ payrolls quite commonly acquiesce in gang activities
and demands due to their own fears of violent retaliation from the gang if they fail to cooperate.
Officers know, for example, that if they fail to notify a gang that someone has filed a complaint
about the gang, the officers and their families may be targeted next. Therefore, meaningful law
enforcement protection is practically non-existent and people—especially women—often give up
on reporting threats and other crimes to authorities.
[hereinafter Pew Research, Outpaces Growth], http://www.pewhispanic.org/2017/12/07/rise-inu-
s-immigrants-from-el-salvador-guatemala-and-honduras-outpaces-growth-from-elsewhere/
29 See Rocio C. Labrador & Danielle Renwick, Central America’s Violent Northern Triangle,
Council on Foreign Relations (Jan. 19, 2016), http://www.cfr.org/transnational-
crime/centralamericas-violentnortherntriangle/p37286; Dennis Stinchcomb & Eric Hershberg,
Ctr. for Latin Am. & Latino Studies, Unaccompanied Migrant Children from Central America
13 (Nov. 2014), http://ssrn.com/abstract=2524001.
30 UNHCR & UNICEF, Families on the Run: Why Families Flee from Northern Central
America (Dec. 2020), available at https://familiesontherun.org/#.
31 Id.
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23.
Because families coming to the United States from Mexico and the northern part
of Central America are driven primarily by violence, a policy of summary removal is unlikely to
deter them from taking the journey to the United States’ southern border. For a refugee, threats to
life or freedom in his or her country of origin are a strong push factor that will likely overcome
any disincentive created by harsher enforcement policies at the southern border.32
24.
The overwhelming majority of families crossing the United States’ southern
border in recent years have been fleeing violence both inside and outside the home in Mexico
and northern Central America—“one of the most dangerous places on earth.”33 According to the
most recent U.N. Office on Drugs and Crime Global Study on Homicide, which includes data
through 2018, the intentional homicide rate in El Salvador that year was 52 per 100,000 people,
the rate in Honduras was 38.9 per 100,000, and that in Guatemala was 22.5 per 100,000.34 By
comparison, the homicide rate in the United States was 5 per 100,000, and the global average
was 5.8 per 100,000.35
25.
Women and children are particularly vulnerable to violence in northern Central
America. In recent years, women in the region have been subject to “rampant violence—
murders, disappearances, femicide, and acts of torture.”36 The current violence in northern
32 See, e.g., UNHCR, Back to Basics at iii (Apr. 2011); see also Jeremy Slack et al., In Harm’s
Way: Family Separation, Immigration Enforcement Programs and Security on the US-Mexico
Border, 3 J. on Migration & Human Security, No. 2, 2015, at 114-16 (“[D]eterrence by arrest,
incarceration and removal is largely ineffective. The majority of respondents expressed that they
intend to return to the United States sometime in the future.”).
33 Muzaffar Chishti & Faye Hipsman, The Child and Family Migration Surge of Summer 2014:
A Short Lived Crisis with a Lasting Impact, 68 J. Int’l Aff. 95, 95-96 (2015).
34 U.N. Office on Drugs & Crime, Victims of Intentional Homicide, 1990-2018,
https://dataunodc.un.org/content/data/homicide/homicide-rate.
35 Id.
36 Carolina Campos & Andrew Stefan, The Salvadoran Dream Is Now Survival—Even If It
Means Illegal Migration to the U.S., Reader Supported News, Jan. 10, 2016, available at
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Central America flows from “a decades-old crisis that has reached unimaginable and intolerable
levels.”37 UNHCR has found that women in particular “have been forced to flee their
homelands” in northern Central America due to a “surging tide of violence,” including rape,
assault, extortion, disappearances, exposure to gun fights, and death threats by armed criminal
groups.38 Such violence and victimization have for years been the most consistent factors cited
by Central American women and children for their migration to the United States.39
26.
A December 2020 joint report from UNHCR and UNICEF confirms that “the
many forms of violence and persecution that have driven forced displacement in [northern
Central America] for years on end[] have continued and, in some instances, worsened during”
the COVID-19 pandemic, including “an increase in reports of domestic violence since the
beginning of the pandemic, while child protection services have been cut back”; and a rise in
“sexual and gender-based violence.”40 The U.N. report indicates that gang and gender violence
and similar “push factors” remain dominant forces driving migrants—and particularly families—
to flee northern Central America. “Forty-four percent of the[] families [surveyed in 2020 in El
Salvador, Guatemala, and Honduras] reported not feeling safe in their places of residence and
living under threats of violence during the six months prior to the study,” and “23 percent
https://readersupportednews.org/opinion2/277-75/34535-focus-the-salvadoran-dream-is-
nowsurvival-even-if-it-means-illegal-migration-to-the-us.
37 Id.
38 UNHCR, Women on the Run: Run: First-hand Accounts of Refugees Fleeing El Salvador,
Guatemala, Honduras, and Mexico, at i, 2, 4 (Oct. 2015), available at https://www.unhcr.org/en-
us/publications/operations/5630f24c6/women-run.html.
39 Id. at 4; UNHCR, Children on the Run: Unaccompanied Children Leaving Central America
and Mexico and the Need for International Protection, at 31 (Mar. 2014), available at
https://www.unhcr.org/56fc266f4.html.
40 UNHCR & UNICEF, Families on the Run: Why Families Flee from Northern Central
America (Dec. 2020), https://familiesontherun.org/#.
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indicated they had suffered violence and intimidation by gangs.”41 Similarly, among Central
American asylum seekers in surveyed by the U.N. study in Mexico, 49 percent “identified
violence as their main motivation to flee from northern Central America,” with 30 percent
reporting that they had fled in response to death threats.42
27.
Reported “disappearances”—especially of women—have increased considerably
in northern Central America. Such “disappearances” are not registered in official homicide
statistics, which therefore likely significantly undercount the number of people—and particularly
the number of women—being murdered in these countries. This past month, the leader of a
women’s rights organization in El Salvador recently informed me that her group has estimated
that for every woman officially recorded as murdered in El Salvador, three women are reported
“disappeared.” The ratio for men is roughly one to one.
28.
It was this ongoing and increasing societal violence—and not any potential policy
change in the United States—that formed the basis for the U.N.’s prediction in December 2020
that the numbers of asylum seekers migrating in the region would increase. The U.N. report
explained “that as [regional pandemic-related] movement restrictions ease, more people will
flee—internally or across international borders—to escape extortion and violence by criminal
groups, domestic violence, as well as other human rights abuses, amongst other push factors.”43
The head of UNICEF reiterated in an April 2021 briefing that Guatemala, El Salvador, and
Honduras have “[a]mong the highest homicide and femicide rates in the world” and that asylum
seekers from the region “are fleeing a tangle of dangers” including “[v]iolence and death threats”
41 Id.
42 Id.
43 Id.
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and “[w]eak or non-existence safety nets and infrastructure,” exacerbated in part by “relentless
natural disasters like last November’s back-to-back hurricanes.”44
29.
Notably, the August 2, 2021 CDC Title 42 Order itself notes that, “[a]ccording to
data from DHS, encounters at the southern border have been rising since April 2020 due to
several factors, including ongoing violence, insecurity, and famine in the Northern Triangle
countries of Central America (El Salvador, Honduras, Guatemala).”45 The government’s most
recent declaration likewise acknowledges that potential further increases in numbers of
encounters at the southwest border will be “[d]ue to the impacts of the current pandemic, and the
deteriorating economic conditions and increasing instability in the region from which the
migrants originate.”46
30.
This is because, for families fleeing crime and violence in the northern countries
of Central America in particular, “no amount of danger or chance of deportation [will be]
sufficient to dissuade [them] from leaving.”47 A 2014 Vanderbilt University survey of
prospective migrants still living in the northern region of Central America, for example,
indicated that U.S. immigration policy had no significant impact on such individuals’ decisions
44 UNICEF, Remarks of UNICEF Executive Director Henrietta Fore, Apr. 20, 2016, available at
https://www.unicef.org/press-releases/unicef-executive-director-henrietta-fores-remarks-
virtual%E2%80%AFbriefing-humanitarian.
45 Centers for Disease Control & Prevention, Public Health Reassessment & Order Suspending
the Right to Introduce Certain Persons from Countries where a Quarantinable Communicable
Disease Exists, ECF No. 114, Ex. A, at 13 n.70 (Aug. 2, 2021).
46 Declaration of David Shahoulian ¶ 23, ECF No. 113-1 (Aug. 2, 2021). However, as explained
above, there is no basis for Mr. Shahoulian’s unexplained further assertion that “these numbers
will climb even higher if the CDC Order is enjoined.” See id.
47 Jonathan T. Hiskey et al., Understanding the Central American Refugee Crisis: Why They Are
Fleeing and How U.S. Policies Are Failing to Deter Them, Am. Immigr. Council (Feb. 1, 2016),
https://www.americanimmigrationcouncil.org/research/understanding-central-american-refugee-
crisis.
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to leave the region: “[K]nowledge of the risks of migration—deportation, border conditions, and
treatment in the United States—played no significant role in who had plans to migrate and who
did not have such plans.”48 Indeed, “all else being equal, individuals who thought deportations
had increased in 2014 were just as likely to report intentions to migrate as those individuals who
thought deportations had decreased since 2013.”49 These findings are consistent with my own
research in Guatemala and Honduras, as well as the research of other experts in the field.
31.
Another study used survey data from El Salvador, Guatemala, and Honduras to
assess whether enhanced deterrence efforts by the United States mitigate Central American
immigration caused by crime and violence in the country of origin.50 The study revealed that
“individuals in El Salvador and Honduras who have experienced crime first hand multiple times
are particularly likely to express intentions to migrate” and “persist in their migration plans even
if they are fully aware of the dangers they are likely to encounter along the way and the high
probability of deportation if they make it to the United States.”51 There is, in fact, an “utter lack
of statistical significance” when it comes to U.S. immigration policy on migration from northern
Central America, which “raise[s] questions about the effectiveness of current US efforts to deter
future emigration from countries with high levels of crime and violence.”52 This means that
“views of the dangers of migration to the United States, or the likelihood of deportation, do not
seem to influence emigration plans in any meaningful way.”53
48 Id.
49 Id.
50 Jonathan T. Hiskey et al., Leaving the Devil You Know: Crime Victimization, US Deterrence
Policy, and the Emigration Decision in Central America, 53 Latin Am. Res. Rev. 429, 430
(2018).
51 Id.
52 Id. at 442.
53 Id. at 441.
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32.
Again, all of this evidence is entirely consistent with the admission in Mr.
Miller’s declaration that even with the enforcement of the Title 42 process effecting a nearly
complete abandonment of U.S. obligations to accept asylum seekers between April 2020 and
January 2021, migration was not deterred and CBP border encounters instead increased each
month both overall and (in each month but one) specifically as to families.54
IV. Conclusion
33.
Title 42 process itself predictably did not deter migration by asylum-seeking
families, and there is no reason to expect that a preliminary injunction enjoining the application
of the Title 42 process against such families will serve as a “pull factor” prompting additional
migration by families beyond what would otherwise occur. Rather, in the coming months—as in
recent months and in previous years, and in line with UNHCR and UNICEF’s prediction in
December 202055—we should expect the number of families arriving at the southern border to be
driven by the violence and harm such families are fleeing in their countries of origin.
I declare under penalty of perjury that the foregoing is true and correct. Executed August
9, 2021 in Los Angeles, California.
_______________________
DR. CECILIA MENJIVAR
54 Declaration of Troy A. Miller ¶ 7, ECF No. 76-2 (Feb. 17, 2021).
55 UNHCR & UNICEF, Families on the Run: Why Families Flee from Northern Central
America (Dec. 2020), available at https://familiesontherun.org/#.
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Exhibit A
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Cecilia Menjívar
Professor and Dorothy L. Meier Social Equities Chair
(August 2021)
Department of Sociology
Phone: 310-267-4928
University of California, Los Angeles
Skype: cecimenjivar
375 Portola Plaza, 264 Haines Hall Los Angeles, CA 90095-1551
Email: menjivar@soc.ucla.edu
Positions Held
2018-present Professor and Dorothy L. Meier Social Equities Chair, Department of Sociology, UCLA
2015-2018 Co-Director, Center for Migration Research, University of Kansas
2015-2018 Foundation Distinguished Professor, Department of Sociology, University of Kansas
2012- 2015 Associate Director, Sanford School of Social and Family Dynamics, Arizona State University
2008- 2015 Cowden Distinguished Professor, School of Social and Family Dynamics
2005-2007 Associate Professor, Program in Sociology, School of Social and Family Dynamics, ASU.
2001-2005 Associate Professor, School of Justice and Social Inquiry, Arizona State University.
1996-2001 Assistant Professor, School of Justice and Social Inquiry, Arizona State University.
9/94-12/95 Post-doctoral Fellow, RAND Corporation.
8/92-8/94 Chancellor’s Postdoctoral Fellow, University of California, Berkeley.
Affiliations, Appointments, and Visiting Positions
2021- Faculty Fellow (Affiliate since 2018), California Center for Population Research, UCLA
2019
Department of Sociology/HOMing Project, University of Trento, Italy (Summer)
2019- Founding member, National Science Foundation College of Reviewers (GCR, NSF-wide program)
2019- Immigrant Youth Task Force, UCLA
2014-2015 Member, National Academy of Sciences, Engineering and Medicine Committee on the
Integration of Immigrants into American Society (see Waters & Pineau, 2015 volume below).
2014
Visiting Scholar (one week), Center for Gender & Leadership, Yerevan State University, Armenia
2012-2013 Immigration Policy Center, Washington DC, Senior Fellow (area: Immigrant Women)
2006-2008 Research Affiliate, Center on Race, Religion, and Urban Life (CORRUL), Rice University
2006
Fellow (not in residence), Mexican American and U.S. Latino Research Center, Texas A & M
2006-2012 Member, Working Group on Childhood and Migration (Drexel University)
2005
Visiting Professor, Yerevan State University, Yerevan, Armenia (Fall)
2003
Visiting Scholar, Maison des Sciences de l’Homme, Paris, France (Spring)
2000- External Research Associate, Center for Comparative Immigration Studies, UC San Diego
Education
1992
Ph.D., Sociology. University of California, Davis.
1986
Master of Arts, Sociology. University of California, Davis.
1983 Master of Science, International Education. University of Southern California. Areas: Policy,
Planning, and International Development.
1981
Bachelor of Arts, Psychology and Sociology, University of Southern California.
Workshops and Additional Training
1996
Southwest Institute for Research on Women Summer Institute, University of Arizona.
1989
University of Texas, Austin. IUPLR (training in qualitative methods). Summer.
1986, 1988 University of Michigan, Ann Arbor, Summer ICPSR (training in quantitative methods).
1985-86 Graduate Group in Demography, UC Berkeley. Demographic Theory and methods.
1984
University of Texas, El Paso (LULAC). Training in counseling immigrant teenagers.
1983
University of California, Los Angeles. Non-formal Education and Development Seminars.
1982
Université de Genève, Faculté de Lettres, Langue et Civilisation. Intermediate-advance French language.
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Awards and Honors
2020-2023 President-elect, President, Past-President, American Sociological Association
2013-2016 Vice-President elect, Vice-President, Past Vice-President, American Sociological Association
Research and Scholarship
2020
Distinguished Career Award, International Migration Section, American Sociological Association
2018
2017 Feminist Criminology Best Article Award for ““Humane” Immigration Enforcement”
2017
Elected member, Sociological Research Association
2017
Andrew Carnegie Fellow
2017
Honorable Mention, Louis Wirth Best Article Award International Migration Section, American Sociological
Association, 2017, for “Transformative Effects of Immigration Law.”
2014
John Simon Guggenheim Fellow
2014
The Victoria Foundation Eugene Garcia Research Award
2014
Best Article Award, Latino/a Section, American Sociological Association, for Legal Violence
2013
Fragmented Ties among 12 most influential books on family since 2000, Contemporary Sociology
2013
Best Article Award, Latino Studies Section, Latin American Studies Association, for Legal Violence
2012
Distinguished Scholarship Award, Pacific Sociological Association, for Enduring Violence.
2012
Mirra Komarovsky Book Award, Eastern Sociological Society, for Enduring Violence.
2011 Hubert Herring Best Book Award, Pacific Coast Council on Latin American Studies, Enduring Violence.
2010 Julian Samora Distinguished Career Award, Latinos/as Section, American Sociological Association.
2009
Alpha Kappa Delta Distinguished Lecture, ASA meetings
2007 Distinguished Contribution to Research Award, Latinos/as Section, American Sociological Association.
2007
Alumni Association Faculty Achievement Award in Research, Arizona State University.
2002
Choice Outstanding Academic Titles in Social and Behavioral Sciences for Fragmented Ties.
2001 William J. Goode Outstanding Book Award, American Sociological Association Family Section,
for Fragmented Ties
2001 Honorable mention, Thomas and Znaniecki Book Award, American Sociological Association
International Migration Section for Fragmented Ties.
2001
Faculty Achievement Award, School of Justice Studies, Arizona State University.
1990-91 University of California Regents Dissertation Fellowship.
1989-90 American Sociological Association Minority Fellowship (1 year MFP Fellow).
1990
American Sociological Association Pre-doctoral Research Fellowship.
Teaching and Mentoring
2011 Outstanding Doctoral Mentor Award, Arizona State University (university-wide award)
2002
Outstanding Mentor Award, Graduate Women’s Association, Arizona State University.
2002
Nominee, Outstanding Doctoral Mentor Award, Graduate College, Arizona State University.
2001 Student Affairs Honors (for enhancing the quality of life for ASU students), Student Affairs, ASU
Other
2015
Public Sociology Award, International Migration Section, American Sociological Association
2007
School of Justice & Social Inquiry, Affiliated Faculty Recognition Award.
2006
College Marshall (College of Liberal Arts & Sciences), Fall 2006 Commencement, ASU.
2002 Outstanding Achievement and Contribution Toward Advancing The Status of Women,
Commission on the Status of Women, Arizona State University.
1983
Cum Laude, School of Education, University of Southern California.
1979-81 Member of Honor Societies in Psychology, Sociology, and Foreign Languages.
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Publications
Books
2016
Cecilia Menjívar, Leisy Abrego and Leah Schmalzbauer. Immigrant Families. Cambridge, UK: Polity.
2014 Cecilia Menjívar. Eterna Violencia: Vidas de las mujeres ladinas en Guatemala. Guatemala:
Ediciones del Pensativo & FLACSO-Guatemala. (Adapted & translated from Enduring Violence:
Ladina Women’s Lives in Guatemala.)
•
Author meets critics & book presentation, FLACSO-Guatemala, Guatemala City, Nov. 18th 2014
2011 Cecilia Menjívar. Enduring Violence: Ladina Women’s Lives in Guatemala. Berkeley, CA:
University of California Press.
•
Distinguished Scholarship Award, Pacific Sociological Association, 2012
•
Mirra Komarovsky Book Award, Eastern Sociological Society, 2012
•
Hubert Herring Best Book Award, Pacific Coast Council on Latin American Studies, 2011
•
Chapter 2, “A Framework for Examining Violence,” reprinted in Pp. 130-144 in Gender
through the Prism of Difference, 5th Ed., by Maxine Baca Zinn, Pierrette Hondagneu-
Sotelo, Michael A. Messner, & Amy M. Denissen. Oxford University Press, 2015.
2000
Cecilia Menjívar. Fragmented Ties: Salvadoran Immigrant Networks in America. Berkeley, CA:
University of California Press.
• Among 20 books in “Influential Women of and for Anthropology” Anthropology News,
American Anthropological Association, March 8th, 2017
• Among the 12 most influential books on the family since 2000, Contemporary Sociology 42 (3)
• William J. Goode Outstanding Book Award, American Sociological Association Family
Section, 2001
• Honorable mention, Thomas & Znaniecki Book Award, American Sociological Association
International Migration Section, 2001
• Choice Outstanding Academic Title in Social and Behavioral Sciences, 2002
• Review essay in Contemporary Sociology, 33 (4): 399-401 (2004)
Edited volumes (including journal special issues)
Forth
Cecilia Menjívar and Krista Perreira. (Eds.) Undocumented and Unaccompanied: Children of
Migration in the European Union and the United States. London: Routledge (based on Journal of
Ethnic and Migration Studies special issue)
2019
Cecilia Menjívar, Marie Ruiz and Immanuel Ness. (Eds.) The Oxford Handbook of Migration
Crises. Oxford University Press.
•
Listed in “Election 2020 Resources from Oxford University Press.”
2019
Cecilia Menjívar and Krista Perreira (Guest Editors) “Undocumented and Unaccompanied:
Children of Migration in the European Union and the United States.” Journal of Ethnic and
Migration Studies, 45 (2), January.
2017
Bryan Roberts, Cecilia Menjívar and Nestor Rodriguez (Eds.) Deportation and Return in a
Border Restricted World: Experiences in Mexico, El Salvador, Guatemala, and Honduras.
Springer International Publishing.
2015
Waters, M., & Pineau, M.G. (2015). (Eds.) (Contributing author.) The Integration of Immigrants
into American Society. Committee on Immigrant Integration, National Academy of Sciences,
Engineering, Medicine. Washington, DC: National Academy Press. (Peer reviewed)
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2014 Cecilia Menjívar and Daniel Kanstroom. (Eds.) Constructing Immigrant “Illegality”: Critiques,
Experiences, and Responses. New York, NY: Cambridge University Press
2014 Elizabeth Aranda, Cecilia Menjívar, and Katharine M. Donato (Guest editors). “Spillover Effects of
Immigration Enforcement in Local Contexts.” American Behavioral Scientist, 58 (13) November.
2013 Cecilia Menjívar (Co-Editor with Saer Maty Ba, Michael Borgolte, Donna Gabaccia, Dirk
Hoerder, Alex Julca, Marlou Shrover and Gregogry Woolf). Encyclopedia of Global Human
Migration Vols. 1-5 (Editor-in-Chief: Immanuel Ness). Chichester Willey-Blackwell.
2012 Jørgen Carling, Cecilia Menjívar, and Leah Schmalzbauer (Guest editors). “Transnational
Parenthood.” Journal of Ethnic and Migration Studies, 38 (2) February.
2008 Havidán Rodríguez, Rogelio Sáenz and Cecilia Menjívar. (Eds.) Latinos/as in the United States:
Changing the Face of América. New York: Springer
2008 Adrian Pantoja, Cecilia Menjívar, and Lisa Magaña (Guest editors). The Spring Marches of 2006:
Latinos, Immigration, and Political Mobilization in the 21st Century. American Behavioral
Scientist, 52 (4) December.
2006 Cecilia Menjívar (Guest editor). Public Religion and Immigration across National Contexts.
American Behavioral Scientist, 49 (11) July.
2005 Cecilia Menjívar and Nestor P. Rodríguez. (Eds.) When States Kill: Latin America, the US, and
Technologies of Terror. Austin, TX: University of Texas Press.
2003 Cecilia Menjívar (Ed.) Through the Eyes of Women: Gender, Social Networks, Family and
Structural Change in Latin America and the Caribbean.” Ontario, Canada: de Sitter Publications.
*Based on special issue of Journal of Developing Societies (see below)
2002 Cecilia Menjívar (Guest editor, double issue). Structural Changes and Gender Relations in Latin
America and the Caribbean. Double issue of the Journal of Developing Societies, 18 (2-3).
Peer-Reviewed Articles (*denotes student or post-doc at the time of submission)
Forth *Daniel Alvord and Cecilia Menjívar. “The Language of Immigration Coverage: The Arizona
Republic and Media’s Role in the Production of Social Illegality.” Sociological Perspectives
2021
Carlos Santos, *German Cardenas, Cecilia Menjívar, and *Jesus Cisneros. “The development
and evaluation of the Stigma of Illegality and Marginalization of Latinxs (SIML) scale:
Links to psychological distress.” Du Bois Review: Social Science Research on Race, 18
https://doi.org/10.1017/S1742058X21000199
2021 Irene Bloemraad and Cecilia Menjívar. “Precarious Times, Professional Tensions: The Ethics of
Migration Research and the Drive for Scientific Accountability.” International Migration Review
https://doi.org/10.1177/01979183211014455
2021
Victor Agadjanian, *Byeongdon Oh, and Cecilia Menjívar. “(Il)legality and Subjective Well-
Being: Central Asian Migrant Women in Russia.” Journal of Ethnic and Migration Studies
https://doi.org/10.1080/1369183X.2021.1872373
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2021
*Adrian Bacong and Cecilia Menjívar. “Recasting the Immigrant Health Paradox through
Intersections of Legal Status and Race.” Journal of Immigrant and Minority Health
https://doi.org/10.1007/s10903-021-01162-2
2021
Cecilia Menjívar. “The Racialization of Illegality.” Daedalus: Journal of the American Academy
of Arts & Sciences, 150 (2): 91-105
2021 Cecilia Menjívar. “Policing and Violence: The Less Visible Harms of Policing Practices.” The
Brown Journal of World Affairs, 27 (2): 1-12 (Main/lead essay)
2021
William P. Simmons, Cecilia Menjívar, and *Elizabeth Salerno Valdez. “The Gendered Effects
of Local Immigration Enforcement: Latinas’ Social Isolation in Chicago, Houston, Los Angeles,
and Phoenix.” International Migration Review, 55 (1): 108-134
2021
Walter J. Nicholls, Cecilia Menjívar, and *Daniel Alvord. "“No Tyson in Tongie!”: The Battle to
Protect a Rural Way of Life in Kansas.” Sociological Forum, 36 (1): 29-50
2020
Cecilia Menjívar, Victor Agadjanian, and *Byeongdon Oh. “The Contradictions of Liminal
Legality: Economic Attainment and Civic Engagement of Central American Immigrants on
Temporary Protected Status.” Social Problems doi.org/10.1093/socpro/spaa052
2020
*Andrea Gómez Cervantes and Cecilia Menjívar. “Legal Violence, Health, and Access to Care: Latina
Immigrants in Rural and Urban Kansas" Journal of Health and Social Behavior, 61(3): 307-323
2020
*Erin Adamson, Cecilia Menjívar, and Shannon Drysdale Walsh. “The Impact of Adjacent Laws
on Implementing Violence Against Women Laws: Legal Violence in the Lives of Costa Rican
Women.” Law & Social Inquiry, 45 (2): 432-489
2020
*Andrea Vest Ettekal, Sandra D. Simpkins, Cecilia Menjívar, and *Melissa Y. Delgado. “The
Complexities of Culturally Responsive Organized Activities: Latino Parents’ and Adolescents’
Perspectives.” Journal of Adolescent Research, 35 (3): 395-426
2019
Cecilia Menjívar and Krista Perreira. “Undocumented and Unaccompanied: Children of Migration in
the European Union and the United States.” (Introduction to special issue.) Journal of Ethnic and
Migration Studies, 45 (2): 197-217
2018
Cecilia Menjívar, William P. Simmons, *Daniel Alvord, and *Elizabeth Salerno Valdez. “Immigration
Enforcement, the Racialization of Legal Status, and Perceptions of the Police: Latinos in Chicago, Los
Angeles, Houston, and Phoenix in Comparative Perspective.” Du Bois Review: Social Science Research
on Race, 15 (1): 107-128
2018
*Daniel Alvord, Cecilia Menjívar, and *Andrea Gómez Cervantes. “The Legal Violence in the
2017 Executive Orders: The Expansion of Immigrant Criminalization in Kansas.” Social Currents,
5 (5): 411-42 (Lead article)
2018
Cecilia Menjívar, *Andrea Gómez Cervantes and *Daniel Alvord. “"The Expansion of
“Crimmigration, Mass Detention, and Deportation.” Sociology Compass 12 (4): e12573
2018
*Gómez Cervantes, Andrea, *Daniel Alvord, and Cecilia Menjívar. “‘Bad Hombres:’ The Effects
of Criminalizing Latino Immigrants through Law and Media in the Rural Midwest.” Migration
Letters, 15 (2): 182-196
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2018
Cecilia Menjívar and Sarah M. Lakhani. “Combining Qualitative Data in Research Among U.S.
Immigrant Populations.” SAGE Research Methods Cases doi.org/10.4135/9781526444356
2018
Cecilia Menjívar, Juliana Morris, and Nestor Rodriguez. “The Ripple Effects of Deportations to Honduras.”
Migration Studies, 6 (1): 120-139
2018
Olga Kornienko, Victor Agadjanian, Cecilia Menjívar, and *Natalia Zotova. “Financial and
Emotional Support in Close Personal Ties among Central Asian Migrant Women in Russia.”
Social Networks, 53: 125-135
2018
Carlos E. Santos, Cecilia Menjívar, *Rachel A. VanDaalen, Olga Kornienko, Kimberly A. Updegraff and
*Samantha N. Cruz. “Awareness of Arizona’s Immigration Law SB 1070 Predicts Classroom Behavioural
Problems among Latino Youth during Early Adolescence.” Ethnic and Racial Studies, 41 (9): 1672-1690
2017
*Alex Lin, *Erin Gaskin, Sandra Simpkins and Cecilia Menjívar. “Cultural Values and Other Perceived
Benefits of Organized Activities: A Qualitative Analysis of Mexican-Origin Parents’ Perspectives in
Arizona.” Applied Developmental Science, 22 (2): 89-109 (Lead article)
2017
Leisy Abrego, Mat Coleman, Daniel E. Martinez, Cecilia Menjívar, and Jeremy Slack. “Making
Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era.” Journal
on Migration and Human Security, 5 (3): 694-715
2017
*Andrea Gomez Cervantes, Cecilia Menjívar, and William S. Staples. "“Humane” Immigration Enforcement
and Latina Immigrants in the Detention Complex.” Feminist Criminology, 12 (3): 269-292
•
2017 Feminist Criminology Best Article Award (given in 2018)
2017
Cecilia Menjívar and Shannon Drysdale Walsh. “The Architecture of Feminicide: The State, Inequalities,
and Everyday Gender Violence in Honduras.” Latin American Research Review, 52(2): 221-240
2017
Victor Agadjanian, Cecilia Menjívar, and *Natalia Zotova. “Legality, Racialization, and Immigrants’
Experiences of Ethnoracial Harassment in Russia.” Social Problems, 64 (4): 558-576
•
Included in Immigrants’ Incorporation virtual issue, Social Problems
https://academic.oup.com/socpro/pages/immigration_vi
2017
*Chara Price, Sandra Simpkins and Cecilia Menjívar. “Sibling Behaviors and Mexican-Origin Adolescents’
After-School Activities.” Journal of Adolescent Research, 32 (2): 127-154 (lead article)
2016
Shannon Drysdale Walsh and Cecilia Menjívar. “What Guarantees Do We Have?” Legal Tolls
and Persistent Impunity for Feminicide in Guatemala.” Latin American Politics and Society, 58
(4): 31-55
2016 Cecilia Menjívar and Sarah M. Lakhani. “Transformative Effects of Immigration Law: Migrants’
Personal and Social Metamorphoses through Regularization.” American Journal of Sociology,
121 (6): 1818-1855
•
Louis Wirth Best Article Award Honorable Mention, International Migration Section, American
Sociological Association, 2017.
2016
Shannon Drysdale Walsh and Cecilia Menjívar. “Impunity and Multisided Violence in the Lives
of Latin American Women: El Salvador in Comparative Perspective.” Current Sociology, 64 (4):
586-602.
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2016
Menjívar, Cecilia and Shannon Drysdale Walsh. “Subverting Justice: Socio-Legal Determinants
of Impunity for Violence against Women in Guatemala.” Laws 5 (3): 1-20.
2016
*Alex R. Lin, Cecilia Menjívar, *Andrea Vest Ettekal, Sandra D. Simpkins, *Erin Gaskin and *Annelise
Pesch. “”They Will Post a Law About Playing Soccer” and other Ethnic/Racial Microagressions
in Organized Activities Experienced by Mexican-Origin Families.” Journal of Adolescent
Research, 31 (5): 557-581
2016
Cecilia Menjívar. “Immigrant Criminalization in Law and the Media: Effects on Latino Immigrant
Workers’ Identities in Arizona.” American Behavioral Scientist, 60 (5-6): 597-616
2015
*Dulce Medina and Cecilia Menjívar. “The Context of Return Migration: Challenges of Mixed-
status Families in Mexico’s Schools.” Ethnic and Racial Studies, 38 (12): 2123-2139
2015
*Haruna Fukui and Cecilia Menjívar. “Bound by Inequality: The Social Capital of Older Asian and
Latinos in Phoenix, Arizona.” Ethnography, 16 (4): 416-437
2015 María E. Enchautegui and Cecilia Menjívar. “Paradoxes of Family Reunification Law: Family
Separation and Reorganization under the Current Immigration Regime.” Law & Policy, 37(1-2): 32-60.
•
Immigration Article of the Day” April 1, 2015, ImmigrationProf Blog
2015
William Simmons, Cecilia Menjívar and Michelle Téllez. “Violence and Vulnerability of Female
Migrants in Drop Houses in Arizona: The Predictable Outcome of a Chain Reaction of Violence.”
Violence Against Women, 21 (5): 551-570
2014
Cecilia Menjívar. “Immigration Law Beyond Borders: Externalizing and Internalizing Border
Controls in an Era of Securitization.” Annual Review of Law and Social Science, 10: 353-369
2014
*Jennifer Arney and Cecilia Menjívar. “Medicalization of Emotionality in DTCA: Techniques Used to
Expand the Antidepressant Market.” Sociological Inquiry, 84 (4): 519-544
2014
Victor Agadjanian, *Evgenia Gorina, and Cecilia Menjívar. “Economic Incorporation, Civil
Inclusion, and Social Ties: Plans to Return Home among Central Asian Migrant Women in
Moscow, Russia.” International Migration Review, 48 (3): 577-603. (Lead article)
2014 Elizabeth Aranda, Cecilia Menjívar and Katharine M. Donato. “The Spillover Consequences of an
Enforcement-First U.S. Immigration Regime.” (Introduction to special issue.) American
Behavioral Scientist, 58 (13): 1687-1695.
2014 Cecilia Menjívar. The “Poli-Migra”: Multi-layered legislation, enforcement practices, and What We
Can Learn About and From Today’s Approaches.” American Behavioral Scientist, 58 (13): 1805-1819.
2014 *Silvia Dominguez and Cecilia Menjívar. “Beyond Individual and Visible Acts of Violence: A
Framework to Examine the Lives of Women in Low-Income Neighborhoods.” Women's Studies
International Forum 44 (1): 184-195
2013 Carlos Santos and Cecilia Menjívar. “Youth’s Perspective on Senate Bill 1070 in Arizona: The
Socioeconomic Effects of Immigration Policy.” Association of Mexican-American Educators
(AMAE) Journal, Special invited issue, 7 (2): 7-17. (Lead article)
2013 Cecilia Menjívar. “Central American Immigrant Workers and Legal Violence in Phoenix,
Arizona.” Latino Studies, 11 (2): 228-252
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2013 *Zeynep Kiliç and Cecilia Menjívar. “Fluid Adaptation of Contested Identities: Second
Generation Turks in Germany and the United States.” Social Identities, 19 (2): 204-220.
2012 Tanya Golash-Boza and Cecilia Menjívar. “Causes and Consequences of International Migration:
Sociological Evidence for the Right to Mobility.” The International Journal of Human Rights, 16
(8): 1213-1227.
•
Reprinted in pp. 91-105, New Directions in the Sociology of Human Rights, edited by Patricia
Hynes, Michele Lamb, Damien Short and Matthew Waites. London: Routledge, 2014
2012 *Olivia Salcido and Cecilia Menjívar. “Gendered Paths to Legal Citizenship: The Case of Latin
American Immigrants in Phoenix.” Law & Society Review 46 (2): 335-368.
•
Reprinted in Immigration, Refugee & Citizenship Law eJournal, Vol. 14, No. 67. (Lead article)
2012 Cecilia Menjívar and *Leisy J. Abrego “Legal Violence: Immigration Law and the Lives of
Central American Immigrants.” American Journal of Sociology, 117 (5): 1380-1421.
•
Best Article Award, Latino/a Section, American Sociological Association, 2014
•
Best Article Award, Latino Studies Section, Latin American Studies Association 2013
•
Spanish translation: “Violencia Legal: La ley de inmigración y las vidas de los
inmigrantes centroamericanos.” Pp. 173-246 in Visiones de acá y de allá: Implicaciones
de la política antimigrante en las comunidades de origen mexicano en Estados Unidos y
México, Carlos G. Vélez-Ibáñez, Roberto Sánchez Benítez and Mariángela Rodríguez
Nicholls, eds. México D.F.: UNAM, 2015
2012 *Aysem R. Şenyürekli and Cecilia Menjívar. “Turkish Immigrants’ Hopes and Fears Around
Return Migration.” International Migration, 50 (1): 3-19 (Lead article)
2012
Cecilia Menjívar. “Transnational Parenting and Immigration Law: The Case of Central
Americans in the United States.” Journal of Ethnic and Migration Studies, 38 (2): 301-322.
2012 *Nels Paulson and Cecilia Menjívar. “Religion, the State, and Disaster Relief in the United States
and India.” International Journal of Sociology and Social Policy, 32 (3-4): 179-196.
2012 Jørgen Carling, Cecilia Menjívar, and Leah Schmalzbauer. “Central Themes in the Study of
Transnational Parenthood.” (Introduction to special issue.) Journal of Ethnic and Migration
Studies, 38 (2): 191-217.
2011 Cecilia Menjívar. “The Power of the Law: Central Americans’ Legality and Everyday Life in
Phoenix, Arizona.” Latino Studies, 9 (4): 377-395. (Lead article)
2011 Victor Agadjanian and Cecilia Menjívar. “Fighting Down the Scourge, Building up the Church:
Organizational Constraints in Religious Involvement with HIV/AIDS in Mozambique.” Global
Public Health, 6 (2): S148-S162.
2011 *Leisy J. Abrego and Cecilia Menjívar. “Immigrant Latina Mothers as Targets of Legal Violence.”
International Journal of Sociology of the Family, 37 (1): 9-26. (Lead article of special issue)
2011 *Sean McKenzie and Cecilia Menjívar. “The Meanings of Migration, Remittances, and Gifts: The views
of Honduran Women Who Stay.” Global Networks: a Journal of Transnational Affairs, 11 (1): 63-81.
2010
*Lilian Chavez and Cecilia Menjívar. “Children without Borders: A Mapping of the Literature on
Unaccompanied Migrant Children to the United States.” Migraciones Internacionales, 5 (3): 71-111.
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2010 Cecilia Menjívar. “Immigrants, Immigration, and Sociology: Reflecting on the State of the
Discipline.” Inaugural Sociological Inquiry Distinguished Essay, Sociological Inquiry, 80 (1): 3-
26. (Lead article)
2008
Adrian Pantoja, Cecilia Menjívar and Lisa Magaña. “The Spring Marches of 2006: Latinos,
Immigration, and Political Mobilization in the 21st Century.” (Introduction to special issue.)
American Behavioral Scientist 52 (4): 499-506.
2008
Cecilia Menjívar. “Corporeal Dimensions of Gender Violence: Women’s Self and Body in Eastern
Guatemala.” Studies in Social Justice, 2(1): 12-26
2008
Cecilia Menjívar. “Educational Hopes, Documented Dreams: Guatemalan and Salvadoran
Immigrants’ Legality and Educational Prospects.” The ANNALS of the American Academy of
Political and Social Science, 620 (1): 177-193.
2008
Cecilia Menjívar. “Violence and Women’s Lives in Eastern Guatemala: A Conceptual
Framework.” Latin American Research Review 43 (3): 109-136.
•
Earlier version published as “Violence and Women’s Lives in Eastern Guatemala: A
Conceptual Framework.” 2008. WID (Women & International Development) Working
Paper Series, #290 (peer reviewed & refereed), Michigan State University: Center for
Gender in Global Context.
2008
Victor Agadjanian and Cecilia Menjívar. “Talking through the “Epidemic of the Millennium”:
Congregation-based informal communication about HIV/AIDS in Mozambique.” Social
Problems 55 (3): 301-321 (Lead article)
2007
Cecilia Menjívar and Victor Agadjanian. “Men’s Migration and Women’s Lives: Views from
Rural Armenia and Guatemala.” Social Science Quarterly 88 (5): 1243-1262.
•
Reprinted in Web Anthology on Migration and Remittances (Topic 15), Richard H.
Adams, Jr., Hein de Haas, Richard Jones, and Una O. Osili, eds. NY: Social Science
Research Council, 2012
2006 Cecilia Menjívar. “Public Religion and Immigration across National Borders.” (Introduction to
special issue.) American Behavioral Scientist, 49 (11): 1447-1454
2006 Cecilia Menjívar. “Global Processes and Local Lives: Guatemalan Women’s Work at Home and
Abroad.” International Labor and Working Class History 70 (1): 86-105.
2006 Cecilia Menjívar. “Family Reorganization in a Context of Legal Uncertainty: Guatemalan and
Salvadoran Immigrants in the United States.” International Journal of Sociology of the Family,
32 (2): 223-245.
•
Reprinted in pp. 90-114, Globalization and the Family, edited by Nazli Kibria and Sunil
Kukreja. New Delhi & Kuala Lumpur: Ashwin-Anoka Press, 2007.
2006 Cecilia Menjívar. “Liminal Legality: Salvadoran and Guatemalan Immigrants’ Lives in the
United States.” American Journal of Sociology, 111 (4): 999-1037.
•
Featured in Discoveries: New and Noteworthy Social Research, as “Between
‘documented’ and ‘undocumented.’” Contexts: Understanding People in their Social
Worlds, 5 (4): 8-9 (2006)
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Winner, Best Article Award, 2007, Latino/a Section, American Sociological Association
2005 *Michelle Moran-Taylor and Cecilia Menjívar. “Unpacking Notions of Return: Guatemalan and
Salvadoran Migrants in Phoenix.” International Migration, 43 (4): 91-131.
2004 Cecilia Menjívar and *Cynthia Bejarano. “Latino Immigrants’ Perceptions of Crime and of Police
Authorities: A Case Study from the Phoenix Metropolitan Area.” Ethnic and Racial Studies, 27
(1): 120-148.
2003 Cecilia Menjívar. “Reflections from One Latino Field: Notes from Research Among Central
Americans in the United States.” Cahiers des Amériques Latines, 42 (1): 69-80.
2003 Cecilia Menjívar. “Religion and Immigration in Comparative Perspective: Salvadorans in
Catholic and Evangelical Communities in San Francisco, Phoenix, and Washington D.C.”
Sociology of Religion, 64 (1): 21-45.
•
Featured in Discoveries: New and Noteworthy Social Research, as “Different Paths to
Americanism,” Contexts: Understanding People in their Social Worlds, 3 (2): 9 (2004)
•
Reprinted in pp. 246-263, Perspectives in Social Research Methods and Analysis: A Reader for
Sociology, Howard Lune, Enrique S. Pumar and Ross Koppel, eds. Sage, 2010
2002
Cecilia Menjívar and *Sang Kil. “For Their Own Good: Benevolent Rhetoric and Exclusionary
Language in Public Officials’ Discourse on Immigrant-related Issues” Social Justice, 29(1-2):
160-176.
2002 Cecilia Menjívar and *Olivia Salcido. “Immigrant Women and Domestic Violence: Common
Experiences in Different Countries.” Gender & Society, 16 (6): 898-920.
•
Reprinted in pp. 123-136, Gender Through the Prism of Difference, Maxine Baca Zinn,
Pierrette Hondagneu-Sotelo and Michael A. Messner, eds. Oxford University Press, 2005 (3rd ed).
2002 Cecilia Menjívar. “The Ties that Heal: Guatemalan Immigrant Women’s Networks and Medical
Treatment.” International Migration Review, 36 (2): 437-466.
2002
Cecilia Menjívar. “Living in two worlds? Guatemalan-origin children in the United States and
emerging transnationalism.” Journal of Ethnic and Migration Studies, 28 (3): 531-552.
2002 Cecilia Menjívar. “Structural Changes and Gender Relations in Latin America and the
Caribbean.” (Introduction to special issue.) Journal of Developing Societies, 18 (2-3): 1-10.
2001 Cecilia Menjívar. “Latino Immigrants and Their Perceptions of Religious Institutions: Cubans,
Salvadorans, and Guatemalans in Phoenix, AZ.” Migraciones Internacionales 1 (1): 65-88.
(Invited, peer-reviewed article for inaugural issue.)
2001 *Emily Skop and Cecilia Menjívar. “Phoenix: The Newest Latino Immigrant Gateway?”
Association of Pacific Coast Geographers Yearbook, 63: 63-76.
1999
Cecilia Menjívar. “Religious Institutions and Transnationalism: A Case Study of Catholic and
Evangelical Salvadoran Immigrants.” International Journal of Politics, Culture and Society, 12
(4): 589-612.
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•
Spanish translation: Instituciones religiosas y transnacionalismo: El caso de inmigrantes
salvadoreños católicos y evangélicos, en Istmo: Revista Virtual de Estudios Literarios y
Culturales Centroamericanos, Vol. 8, 2004.
1999 Cecilia Menjívar. “The Intersection of Work and Gender: Central American Immigrant Women
and Employment in California.” American Behavioral Scientist, 42(4): 595-621.
•
Reprinted in pp. 101-126, Gender and U.S. Immigration: Contemporary Trends, edited
by Pierrette Hondagneu-Sotelo. Berkeley: University of California Press, 2003.
1998
Cecilia Menjívar, Julie DaVanzo, Lisa Greenwell, and R. Burciaga Valdez. “Remittance Behavior of
Filipino and Salvadoran Immigrants in Los Angeles.” International Migration Review, 32 (1): 99-128.
1997 Cecilia Menjívar. “Immigrant Kinship Networks and the Impact of the Receiving Context:
Salvadorans in San Francisco in the early 1990s.” Social Problems, 44 (1): 104-123.
1997 Cecilia Menjívar. “Immigrant Kinship Networks: The Case of Vietnamese, Salvadorans, and
Mexicans in Comparative Perspective” Journal of Comparative Family Studies, 28 (1): 1-24.
(Lead article).
1996 Cecilia Menjívar. “Continuidad, transformación o ruptura?: las experiencias de refugiadas salvadoreñas
en Estados Unidos” Revista Mundial de Sociología (World Review of Sociology) 2: 51-84.
1995 Cecilia Menjívar. “Kinship Networks Among Recent Immigrants: Lessons from a Qualitative
Comparative Approach” International Journal of Comparative Sociology, 36 (3-4): 97-109.
1995 Cecilia Menjívar. “Immigrant Social Networks: Implications and Lessons for Policy.” Harvard
Journal of Hispanic Policy 8: 35-59.
1994 Cecilia Menjívar. “Salvadorean Migration to the United States in the 1980s: What Can We Learn
About it and From it?” International Migration 32 (3): 371-401. (Lead article).
1993 Cecilia Menjívar. “History, Economy, and Politics: Macro and Micro-level Factors in Recent
Salvadorean Migration to the United States.” Journal of Refugee Studies 6 (4): 350-371.
Chapters in Edited Volumes (editor, board, or peer reviewed):
Forth
Cecilia Menjívar and Leydy Diossa-Jiménez. “State Accountability and Feminicide.” In The
Routledge Handbook of Femicide/Feminicide, edited by Myrna Dawson and Saide Mobayed
Forth
Cecilia Menjívar. “The Catholic Church and Central American Immigrants in the United States.”
In The Oxford Handbook of Latino/a Christianities in America, edited by Kristy Nabhan-Warren.
Oxford University Press
Forth
Cecilia Menjívar. “Sociology: Central America.” in the Handbook of Latin American Studies,
Hispanic Division of the Library of Congress, edited by Tracy North and Katherine D. McCann.
Austin, TX: University of Texas Press.
Forth
Leisy Abrego and Cecilia Menjívar. “Central American Migration to the United States: Historical
Roots and Current Conditions.” In The Handbook of Latin American Migration, edited by
Andreas Feldmann, Jorge Durand, Stephanie Schütze and Xóchitl Bada. Routledge
2021
Cecilia Menjívar, *Andrea Gómez Cervantes, and William Staples. “Masking Punitive Practices:
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Latina Immigrants’ Experiences in the U.S. Detention Complex.” In Latinas in the Justice System
Victims, Targets, and Offenders, edited by Vera Lopez and Lisa Pasko. New York: New York
University Press
2021
Cecilia Menjívar. “Guatemalan Origin Children’s Transnational Ties.” Pp. 121-133 in Critical
Diálogos in Latinx Studies Anthology, edited by Ana Y Ramos-Zayas and Mérida Rúa. New York
University Press.
2020
Cecilia Menjívar and *Andrea Gómez Cervantes. “Bureaucracies of Displacement: From
Immigrants’ Social and Physical Exclusion to their Judicial Removal.” Pp. 475-491 in The
Handbook of Displacement, edited by Peter Adey, Janet Bowstead, Katherine Brickell, Vandana
Desai, Mike Dolton, Alasdair Pinkerton, and Ayesha Siddiqi. Palgrave McMillan
2020
Cecilia Menjívar. “Document Overseers, Enhanced Enforcement, and Racialized Local Contexts:
Experiences of Latino Immigrants in Phoenix, AZ.” Pp. 153-178 in Paper-Trails: Migrants,
Documents, and Insecurity in the Global North, edited by Sarah Horton and Josiah Heyman.
Duke University Press
2019
Cecilia Menjívar. “Undocumented (or Unauthorized) Immigration.” Pp. 369-381in The Routledge
International Handbook of Migration Studies, 2nd Edition, edited by Steven J. Gold and Stephanie
J. Nawyn. Routledge
2019
Cecilia Menjívar. “Sociology: Central America.” Pp. 502-514 in the Handbook of Latin American
Studies, Hispanic Division of the Library of Congress, edited by Tracy North and Katherine D.
McCann. Austin, TX: University of Texas Press.
2019
Nina Rabin and Cecilia Menjívar. “On Their Own: Immigrant Youth Navigating Legal Systems.”
Pp. 89-101 in Illegal Encounters: The Effect of Detention and Deportation on Young People,
edited by Deborah A. Boehm and Susan J. Terrio. New York University Press.
2019
Cecilia Menjívar and Shannon Drysdale Walsh. “Gender, Violence, and Migration.” Pp. 45-57 in
The Handbook on Critical Geographies of Migration, edited by Katharyne Mitchell, Reece Jones,
and Jennifer Fluri. UK: Edward Elgar Publishing
2018
*Andrea Gómez Cervantes and Cecilia Menjívar. “Mass Deportation: Forced Removal,
Immigrant Threat, and a Disposable Labor Force in a Global Context.” Pp. 527-546 in The
Handbook of Race, Ethnicity, Crime, and Justice, edited by Ramiro Martinez Jr., Meghan E.
Hollis, and Jacob I. Stowell. Wiley Blackwell.
2018
Cecilia Menjívar and *Andrea Gómez Cervantes. “Immigration” Pp. 319-338 in The Cambridge Handbook
of Social Problems, Vol. 1, edited by Javier A. Treviño. New York: Cambridge University Press.
2018
Cecilia Menjívar, *Andrea Gómez Cervantes and *Daniel Alvord. “Two Decades of Constructing
Immigrants as Criminals.” Pp. 193-204 in The Routledge Handbook of Immigration and Crime,
edited by Holly Ventura Miller and Anthony Peguero. Routledge
2017
Cecilia Menjívar. “Illegality.” Pp. 93-96 in Keywords for Latino Studies, edited by Deborah R.
Vargas, Nancy Raquel Mirabal, and Lawrence La Fountain Stokes. New York: New York
University Press.
•
This volume was named a 2018 Choice Outstanding Academic Title
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2017
Bryan Roberts, Cecilia Menjívar and Nestor Rodriguez. “Voluntary and Involuntary Return
Migration.” (Introduction) Pp. 3-26 in Deportation and Return in a Border-Restricted World:
Experiences in Mexico, El Salvador, Guatemala, and Honduras. Springer.
2017
Cecilia Menjívar. “Spaces of Legal Ambiguity: Central American Immigrants, ‘Street-level
Workers,’ and Belonging.” Pp. 36-52 in Within and Beyond Citizenship: Borders, Membership, and
Belonging, edited by Roberto G. Gonzalez and Nando Sigona. London & New York: Routledge.
2017
Angélica Reina Paez and Cecilia Menjívar. “Understanding Intersectional Factors Surrounding Providers’
Views and Latina Immigrant Victims’ Access to Anti-Domestic Violence Services in the Midwest.” Pp.
171-188 in Routledge Handbook on Victims’ Issues in Criminal Justice, edited by Cliff Roberson. New
York & London: Routledge
2016
Cecilia Menjívar. “Sociology: Central America.” Pp. 519-528 in the Handbook of Latin American
Studies, Hispanic Division of the Library of Congress, edited by Tracy North and Katherine D.
McCann. Austin, TX: University of Texas Press.
2016
Cecilia Menjívar and *Andrea Gómez Cervantes. “The Effects of Parental Undocumented Status
on Families and Children.” Children, Youth, and Families News (Kalina Brabeck, editor),
American Psychological Association.
http://www.apa.org/pi/families/resources/newsletter/2016/11/undocumented-status.aspx
2016 Cecilia Menjívar. “Normalizing Suffering, Robadas, and Marital Unions among Ladinas in
Eastern Guatemala.” Pp. 75-85 in Marital Rape: Consent, Marriage and Social Change in Global
Context, edited by Kersti Yllö and M. Gabriela Torres. Oxford University Press.
2015 Victor Agadjanian, Cecilia Menjívar, and *Arusyak Sevoyan. “The Impact of Male Labour Migration
on Women and Households in Rural Armenia.” Pp. 203-217 in Armenians around the World: Migration
and Transnationality, edited by Artur Mkrtichyan. Frankfurt am Main: Peter Lang.
2015 Cecilia Menjívar and María Enchautegui. “Confluence of the Economic Recession and Immigration
Laws in the Lives of Latino Immigrant Workers in the United States.” Pp. 105-126 in Immigrant
Vulnerability and Resilience: Comparative Perspectives on Latin American Immigrants During the
Great Recession, edited by María Aysa-Lastra and Lorenzo Cachón. Springer
2015 Cecilia Menjívar. “Central American Immigrant Workers: How Legal Status Shapes the Labor
Market Experience.” Pp. 3-28 in Immigration and Work (Research in the Sociology of Work),
Vol. 27, edited by Jody Agius Vallejo. Emerald Group Publishing Ltd.
2014 Cecilia Menjívar. “Implementing a Multilayered Immigration System: The Case of Arizona.” Pp.
179-204 in Hidden Lives and Human Rights in the United States: Understanding the
Controversies and Tragedies of Undocumented Immigration, edited by Lois A. Lorentzen. Santa
Barbara, CA: Praeger.
2014 Cecilia Menjívar. “Sociology: Central America.” Pp. 47-59 in the Handbook of Latin American
Studies, Vol., 69, Hispanic Division of the Library of Congress, edited by Tracy North and
Katherine D. McCann. Austin, TX: University of Texas Press.
2014
*Bruce Rogers and Cecilia Menjívar. “Simulating the Social Networks and Interactions of Poor
Immigrants.” Pp. 336-355 in Mixed Methods Social Networks Research: Design and Applications,
edited by Silvia Dominguez and Betina Hollstein. New York: Cambridge University Press
2014
Cecilia Menjívar and Susan Coutin. “Challenges of Recognition, Participation and Representation for the
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Legally Liminal.” Pp. 325-330 in In Migration, Gender and Social Justice, edited by Tanh-Dam Truong,
Des Gasper, Jeff Handmaker and Sylvia I. Berg. Heidelberg & New York: Springer (online 9/2013)
2014 Cecilia Menjívar and Daniel Kanstroom. “Immigrant Illegality: Constructions, Critiques, and
Responses.” (Introduction.) Pp. 1-33 in Constructing Immigrant “Illegality”: Critiques, Experiences, and
Responses, edited by Cecilia Menjívar and Daniel Kanstroom. New York: Cambridge University Press.
2013
Victor Agadjanian, Cecilia Menjívar and *Boaventura Cau. “Economic Uncertainties, Social
Strains, and HIV Risks: Effects of Male Labor Migration on Rural Women in Mozambique.” Pp.
234-251 in How Immigrants Impact their Homelands, edited by Susan E. Eckstein and Adil
Najam. Durham, NC: Duke University Press.
2013 Carlos Santos, Cecilia Menjívar, and Erin Godfrey. “Effects of SB 1070 on Children.” Pp. 79-92
in Latino Politics and Arizona’s Immigration Law SB 1070, edited by Lisa Magaña and Erik Lee.
New York: Springer.
2013 Cecilia Menjívar. “Undocumented (or Unauthorized) Immigration.” Pp. 355-365 in Routledge
International Handbook of Migration Studies, edited by Steven J. Gold and Stephanie J. Nawyn.
New York, NY: Routledge Press.
2012 Cecilia Menjívar. “Violencia en la vida de las mujeres en Guatemala.” Pp. 211-234 in Diálogos
Interdisciplinarios sobre Violencia Sexual, edited by Patricia Ravelo Blancas and Héctor
Domínguez Ruvalcaba. Mexico, DF: FONCA, Ediciones EON & LLILAS.
2012 Cecilia Menjívar. “Sociology: Central America.” Pp. 501-509 in the Handbook of Latin American
Studies, Vol., 67, Hispanic Division of the Library of Congress, edited by Tracy North and
Katherine D. McCann. Austin, TX: University of Texas Press.
2012 Cecilia Menjívar. “U.S. Immigration Law, Immigrant Illegality, and Immigration Reform.” Pp.
63-71 in Agenda for Social Justice: Solutions 2012, edited by Glenn W. Muschert, Kathleen
Ferraro, Brian V. Klocke, Robert Perrruci and Jon Shefner. Nnoxville, TN: Society for the Study
of Social Problems.
2011 Cecilia Menjívar. “Mujeres migrantes en el contexto de la globalización: el caso de
centroamericanas/os en Estados Unidos.” Pp. 173-188 in Mujeres Escribas: Tejedoras de
pensamientos. II Encuentro Mesoamericano de Estudios de Género y Feminismos, Avances y
retos de una década: 2001-2011. Guatemala: FLACSO
2011
Rogelio Sáenz, Cecilia Menjívar, and *San Juanita Edilia Garcia. “Arizona’s SB 1070: Setting
Conditions for Violations of Human Rights Here and Beyond.” Pp. 155-178 in Sociology and
Human Rights: A Bill of Rights for the Twenty-first Century, edited by Judith Blau and Mark
Frezzo. Los Angeles, CA: Sage/Pine Forge Press.
•
Reprinted in titled Governing Immigration Through Crime: A Reader, edited by Julie
Dowling and Jonathan Inda. Stanford, CA: Stanford University Press, 2013
2010 Cecilia Menjívar. “Immigrant Art as Liminal Expression: The Case of Central Americans.” Pp
176-196 in Art in the Lives of Immigrant Communities in the United States, edited by Paul
DiMaggio and Patricia Fernández-Kelly. New Brunswick, NJ: Rutgers University Press.
2010 Cecilia Menjívar. “Latino immigrants, gender and poverty in the United States.” Pp. 266-271 in
The International Handbook on Gender and Poverty: Concepts, Research, Policy, edited Sylvia
Chant. Cheltenham, UK: Edward Elgar.
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2009 *Sang Kil, Cecilia Menjívar, and Roxanne Doty. “Securing Borders: Patriotism, Vigilantism and
the Brutalization of the US American Public.” Pp. 297-312 in Immigration, Crime, and Justice,
edited by William F. McDonald. Bingley, UK: Emerald/JAI Press.
2009 Cecilia Menjívar and *Leisy J. Abrego. “Parents and Children across Borders: Legal Instability and
Intergenerational Relations in Guatemalan and Salvadoran Families.” Pp. 160-189 in Across Generations:
Immigrant Families in America, edited by Nancy Foner. New York: New York University Press.
•
Italian translation: “Genitori e figli confine: instabilità legale e rapporti intergenerazionali
nelle famiglie guatemalteche e salvadoregne.” Famiglie Migranti, ed Maurizio
Ambrosini, in Mondi Migranti: Rivista di studi e ricerche sulle migrazione
internazionali, 1: 7-34, 2009 (lead article).
2009 Nestor P. Rodríguez and Cecilia Menjívar. “Central American Immigrants and Racialization in a
PostCivil Rights Era.” Pp. 183-199 in How the United States Racializes Latinos: White
Hegemony and its Consequences, edited by José A. Cobas, Jorge Duany, and Joe R. Feagin.
Boulder & London: Paradigm Publishers.
•
Reprinted in the 2nd edition of the volume, published by Routledge, New York, 2016
2008 Cecilia Menjívar and Rubén G. Rumbaut. “Rights of Migrants.” Pp. 60-74 in The Leading Rogue
State: The United States and Human Rights, edited by Judith Blau, David L. Brunsma, Alberto
Moncada, and Catherine Zimmer. Boulder, CO & London: Paradigm Publishers.
2007 Cecilia Menjívar. “Salvadorans.” Pp. 412-420 in The New Americans: A Guide to Immigration Since
1965,” edited by Mary Waters C. and Reed Ueda. Cambridge, Mass.: Harvard University Press.
2006 Cecilia Menjívar. “Serving Christ in the Borderlands: Faith Workers Respond to Border
Violence.” Pp. 104-121 in Religion and Social Justice for Immigrants, edited by Pierrette
Hondagneu-Sotelo. Rutgers University Press.
2006 *Sang Hea Kil and Cecilia Menjívar. “The “War on the Border:” The Criminalization of
Immigrants and the Militarization of the U.S.-Mexico Border.” Pp. 164-188 in Immigration and
Crime: Ethnicity, Race and Violence, edited by Ramiro Martinez, Jr. and Abel Valenzuela, Jr.
New York University Press.
2005 Cecilia Menjívar and Néstor Rodríguez. “State Terror in the U.S.-Latin American Interstate
Regime. (Introduction.) Pp. 3-27 in When States Kill: Terror in the U.S.-Latin American Interstate
Regime, edited by Cecilia Menjívar and Néstor Rodríguez. Austin: University of Texas Press.
2005 Cecilia Menjívar and Néstor Rodríguez. “New Responses to State Terror.” (Conclusion.) Pp. 335-
346 in When States Kill: Terror in the U.S.-Latin American Interstate Regime, edited by Cecilia
Menjívar and Néstor Rodríguez. Austin: University of Texas Press.
2005 Cecilia Menjívar. “Immigrants and Refugees.” Pp. 307-318 in Companion to Gender Studies, edited
by Philomena Essed, David Theo Goldberg, and Audrey Kobayashi. London: Blackwell Publishers.
2004 Cecilia Menjívar. “El Salvador.” Pp. 155-171 in Teen Life in Latin America and the Caribbean,
edited by Cynthia Margarita Tompkins and Kristen Sternberg. Westford, Conn: Greenwood Press.
2004 Flavio Francisco Marsiglia and Cecilia Menjívar. “Nicaraguan and Salvadoran Children and
Families,” Pp. 253-273 in Culturally Competent Practice with Immigrant and Refugee Children
and Families, edited by Rowena Fong. New York: Guilford Publications.
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2002 Cecilia Menjívar and Lisa Magaña. “Immigration to Arizona: Diversity and Change.” Pp. 53-71
in Arizona Hispanics: The Evolution of Influence, 81st Arizona Town Hall, edited by Louis
Olivas. Tempe: Arizona State University.
•
Reprinted in Arizona as a Border State—Competing in the Global Economy, 86th Arizona
Town Hall, 2005.
2002 Geeta Chowdhry and Cecilia Menjívar. “(En)Gendering Development, Race(ing) Women’s
Studies: Core Issues in Teaching Gender and Development.” Pp. 133-152 in Encompassing
Gender: Integrating International Studies and Women’s Studies, edited by Mary L.Lay, Janice
Monk, and Deborah S. Rosenfelt. New York: The Feminist Press.
1999 Cecilia Menjívar. “Salvadorans and Nicaraguans: Refugees Become Workers.” Pp. 232-253 in
Illegal Immigration in America: A Reference Handbook, edited by David Haines and Karen E.
Rosenblum. Westport, Conn.: Greenwood Press.
1992 Anita Leal and Cecilia Menjívar. “Xenophobia or Xenophilia?: Hispanic Women in Higher
Education,”. Pp. 93-103 in Perspectives on Minority Women in Higher Education, edited by L.B.
Welch. New York, Westport & London: Praeger.
Encyclopedia Contributions (board of editors reviewed)
Forth
Cecilia Menjívar. “Central American Asylum Seekers’ “Caravans” as a Political Act.” The Wiley-
Blackwell Encyclopedia of Social & Political Movements, edited by David A. Snow, Donatella
della Porta, Douglas J. McAdam, and Bert Klandermans. Wiley
Forth
*Haruna Fukui and Cecilia Menjívar. “Gender and Social Networks of Migrants.” Encyclopedia
of Migration, edited by Susan K. Brown and Frank D. Bean, Springer Reference
2016
Leisy Abrego and Cecilia Menjívar. “Immigration in the United States.” Encyclopedia of Family
Studies, edited by Constance L. Shehan, Willey-Blackwell
DOI: 10.1002/9781119085621.wbefs006
2016 Cecilia Menjívar. “Salvadorans Immigrants to the United States.” The Blackwell Encyclopedia of
Race, Ethnicity and Nationalism. doi: 10.1002/9781118663202.wberen084
2016 Cecilia Menjívar. “Guatemalan Immigrants to the United States” The Blackwell Encyclopedia of
Race, Ethnicity and Nationalism. doi: 10.1002/9781118663202.wberen083
2015 Cecilia Menjívar. “Migrant Children: and the U.S. Crisis of Policy” (Special Report: World Affairs).
Pp 370-371in Book of the Year, Events of 2014, edited by Karen Sparks. Encyclopedia Britannica.
2013 Cecilia Menjívar. “Immigrant Workers.” Sociology of Work: An Encyclopedia, Vol. 1: 415-420,
edited by Vicki Smith. Los Angeles, CA: Sage.
2013 Cecilia Menjívar “Salvadorans” ABC-Clio Encyclopedia of American Immigration, edited by
Elliott R. Barkan.
2013 Cecilia Menjívar. “Central America: Gender and Migration.” Pp. 897-901 in Encyclopedia of
Global Human Migration, Vol. 2, edited by Immanuel Ness et al. Malden, MA: Wiley Blackwell.
2013 Cecilia Menjívar. “Domestic Violence, Abuse, and Migration.” Pp. 1251-1256 in Encyclopedia of
Global Human Migration, Vol. 3, edited by Immanuel Ness et al. Malden, MA: Wiley Blackwell.
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2009 Cecilia Menjívar. “Children and Immigration: Historical and Cultural Perspectives.” Pp. 481-484
in The Child: An Encyclopedic Companion, edited by Richard A. Shweder, with Thomas R.
Bidell, Anne C. Dailey, Suzanne D. Dixon, Peggy J. Miller, and John Modell. Chicago: The
University of Chicago Press
2008 Cecilia Menjívar. “Central Americans.” Pp. 278-282 in Encyclopedia of Race and Racism, 3 vols.
ed. by John Hartwell Moore. Detroit: Macmillan Reference USA
2006 Cecilia Menjívar. “Social Networks.” Pp. 313-316 in Immigration in America Today: An Encyclopedia,
edited by James Loucky, Jeanne Armstrong, and Larry J. Estrada. Westport CT: Greenwood.
2006 Cecilia Menjívar. “Central Americans.” Pp. 134-137 in Latinas in the United States: A Historical
Encyclopedia, Volume 1, edited by Vicki L. Ruiz and Virginia Sánchez-Korrol. Indiana
University Press.
2005 Cecilia Menjívar. “Central Americans.” Pp. 294-303 in The Oxford Encyclopedia of Latinos and
Latinas in the United States (Vol.1), edited by Suzanne Oboler and Deena J. González. Oxford,
England: Oxford University Press.
•
Reprinted in pp. 129-134, Encyclopedia of Latino/as in Politics, Law, and Social Movements, edited
by Suzanne Oboler and Deena J. González, Oxford University Press, 2016.
2001 Cecilia Menjívar. “Central America.” Pp. 1099-1108 in Encyclopedia of American Immigration,
edited by James Ciment. Armonk, New York: M.E. Sharpe.
2000 Menjívar, Cecilia. “Immigration.” Pp. 1123-1126 in Routledge International Encyclopedia of
Women: Global Women's Issues and Knowledge, Volume 3, edited by Cheris Kramarae and Dale
Spender. New York: Routledge.
Book Reviews
2021
Hiding in Plain Sight: Immigrant Women and Domestic Violence. Halifax: Fernwood Publishing,
2020. Gender & Society doi: 10.1177/08912432211024604
2021
Undocumented Migration, by Roberto G. Gonzales, Nando Sigona, Martha C. Franco, and Anna
Papoutsi. Cambridge, UK: Polity, 2019. American Journal of Sociology, 126 (3): 728-730
2020
Kids at Work: Latinx Families Selling Food on the Streets of Los Angeles, by Emir Estrada. New
York: New York University Press, 2019. Contemporary Sociology, 49 (6): 505-506
2016
In Harm’s Way: The Dynamics of Urban Violence, by Javier Auyero and María Fernanda Berti.
Princeton and Oxford: Princeton University Press, 2015. American Journal of Sociology, 122 (1):
292-294
2016 Skills of the ‘Unskilled’: Work and Mobility among Mexican Migrants, by Jacqueline Maria
Hagan, Rubén Hernández-León, and Jean-Luc Demonsant, Oakland, CA, University of California
Press, 2015. Ethnic and Racial Studies, 39 (13): 2456-2458
2015 Adiós Niño: The Gangs of Guatemala City and the Politics of Death, by Deborah T. Levenson.
Durham, NC: Duke University Press, 2013. Contemporary Sociology, 44 (3): 375-377
2015 Violence against Latina Immigrants: Citizenship, Inequality, and Community, by Roberta
Villalón. New York: New York University Press, 2010. Social Forces, 93(4): e106-107
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2014 Intimate Migrations: Gender, Family, and Illegality Among Transnational Mexicans, by Deborah
A. Boehm. New York and London: New York University Press, 2012. Journal of Latin American
Anthropology, 46 (1): 213-214
2014 The Militarization of Childhood: Thinking beyond the Global South, edited by Marshall Beier.
New York: Palgrave Macmillan, 2011. Contemporary Sociology, 43 (2): 192-194
2009 Migration Miracle: Faith, Hope, and Meaning of the Undocumented Journey, by Jacqueline Maria
Hagan. Cambridge, MA: Harvard University Press, 2008. Contemporary Sociology, 38 (6): 529-531.
2009 God’s Heart Has No Borders: How Religious Activists are Working for Immigrant Rights, by
Pierrette Hondagneu-Sotelo. Berkeley: University of California Press, 2008. Journal of Church
and State, 51 (1): 159-160.
2009 God Needs No Passport: Immigrants and the Changing American Religious Landscape, by Peggy
Levitt. New York & London: The New Press. American Journal of Sociology, 114 (5): 1578-1580.
2008 Deflecting Immigration: Networks, Markets, and Regulation in Los Angeles, by Ivan Light.
Russell Sage Foundation, 2006. Social Forces 87 (2): 1158-1161
2008 Sacred Assemblies and Civic Engagement: How Religion Matters for America’s Newest
Immigrants. By Fred Kniss and Paul D. Numrich. 2007. New Brunswick, NJ: Rutgers University
Press, 2007. Journal for the Scientific Study of Religion: 47 (3): 522-523.
2006 Landscapes of Struggle: Politics, Society, and Community in El Salvador, edited by Aldo Lauria
Santiago and Leigh Binford. Pittsburg: University of Pittsburg Press, 2004. Journal of Latin
American & Caribbean Anthropology 11 (2): 471-473.
2006 Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe, by Kitty Calavita.
Cambridge: Cambridge University Press, 2005. Law & Society Review 40 (4): 965-967.
2005 Paradise in Ashes: A Guatemalan Journey of Courage, Terror and Hope, by Beatriz Manz.
Berkeley: University of California Press, 2004. Contemporary Sociology 34 (6): 653-655.
2005 Migration, Mujercitas, and Medicine Men: Living in Urban Mexico, by Valentina Napolitano.
Berkeley: University of California Press, 2002. Gender & Society 19 (5): 706
2005 A Courtship after Marriage: Sexuality and Love in Mexican Transnational Families, by Jennifer S.
Hirsch. Berkeley: University of California Press, 2003. Gender & Society 19 (1): 126-128.
2005
Salvadoran Migration to Southern California: Redefining El Hermano Lejano, by Beth Baker-Cristales.
Gainesville: University Press of Florida, 2004. Journal of Latin American & Caribbean Anthropology 10
(1): 251-252.
2004
Gender in Latin America, by Sylvia Chant, with Nikki Craske. New Brunswick, New Jersey: Rutgers
University Press, 2003. Gender & Society 18 (1): 146-147.
2004
Salvadorans in Costa Rica: Displaced Lives, by Bridget A. Hayden. Tucson, Ariz.: The University of
Arizona Press, 2003. Contemporary Sociology 33 (3): 331-332.
2003
Doméstica: Immigrant Workers Cleaning and Caring in the Shadows of Affluence, by Pierrette
Hondagneu-Sotelo. Berkeley: University of California Press, 2001. Journal of Ethnic and Migration
Studies 29 (1): 174-175.
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2002
Gender and International Migration in Europe: Employment, Welfare and Politics, by Eleonore
Kofman, Annie Phizacklea, Parvati Raghuram, and Rosemary Sales. London: Routledge, 2000.
Journal of Ethnic and Migration Studies 28 (3): 571.
2002
Free Markets, Open Societies, Closed Borders?: Trends in International Migration and
Immigration Policy in the Americas, by Max J. Castro, editor. Miami, Florida: North-South
Center Press at the University of Miami, 1999. Journal of Latin American Studies 34: 472-473.
2002
Seeking Community in a Global City: Guatemalans and Salvadorans in Los Angeles, by Nora
Hamilton and Norma Stoltz Chinchilla. Philadelphia: Temple University Press, 2001.
Contemporary Sociology 31 (2): 174-175.
2001
The Mercy Factory: Refugees and the American Asylum System, by Christopher J. Einolf.
Chicago, Il: Ivan R. Dee Publisher, 2001. Journal of Refugee Studies 14 (4): 449-450.
2001
Legalizing Moves: Salvadoran Immigrants’ Struggle for U.S. Residency, by Susan Bibler Coutin.
Ann Arbor: University of Michigan Press, 2000. International Migration Review 35 (3) 936-937.
2000
Growing Up American: How Vietnamese Children Adapt to Life in the United States, by Min
Zhou and Carl L. Bankston III. New York: Russell Sage Foundation, 1998. Asian and Pacific
Migration Journal 9 (1): 131-133.
1998
No More Kin: Exploring Race, Class, and Gender in Family Networks, by Anne R. Roschelle.
Beverly Hills: Sage Publications, 1997. Journal of Marriage and the Family 60 (3): 797-798.
1998
International Migration, Refugee Flows and Human Rights in North America: The Impact of
Trade and Restructuring, by Alan B. Simmons, editor. New York: Center for Migration Studies,
1996. Journal of Refugee Studies 11 (2): 251-253.
1998
The Other Argentina: The Interior and National Development, by Larry Sawyers. Boulder:
Westview Press, 1996. Economic Development and Cultural Change 46 (3): 663-669.
1997 The Other Side of the Asian American Story, by Wendy Walker-Moffat. San Francisco: Jossey-
Bass Publishers, 1995. Journal of Refugee Studies 10 (1): 101-103.
1996
From Vietnam, Laos, and Cambodia: A Refugee Experience in the United States, by Jeremy
Hein. New York: Twayne Publishers, 1995. Journal of Refugee Studies 9 (2): 217-219.
Preface, Essays & Commentary
Forth
Cecilia Menjívar. Prólogo. Senderos Feministas: De la enseñanza y la investigación al incesto en
perspectiva, by Gloria González-López. Universidad Autónoma de Aguascalientes, Mexico
2021
Cecilia Menjívar. “Immigration Policy, Legal Status & Enforcement Through Three Decades of
Research Among Central Americans in the United. States.” The Sociologist,
2020
Cecilia Menjívar. “Will the Outcome of the 2020 Election Reshape U.S. Immigration Policies?”
Commentary. International Migration, 58 (5): 277-280
2020
Cecilia Menjívar. “An Architecture of Repulsion.” Review essay of Refuge Beyond Reach: How Rich
Democracies Repel Asylum Seekers, by David FitzGerald. Contemporary Sociology, 49 (4): 318-22 (lead)
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2019
Cecilia Menjívar. “Learning about and from the Great Escape of African Americans to Appalachia.”
Commentary, Gone Home: Race and Roots through Appalachia, by Karida Brown. Ethnic and Racial
Studies, 42 (13): 2311-2317
2019
Cecilia Menjívar. Foreword. “Gendered Violence in Cultural Texts of the Global South,” Special Section,
Representations of Gendered Violence in Cultural Texts of the Global South. Australian Humanities Review,
64 (May): 82-86
2017
Cecilia Menjívar “Studying Central Americans in Latino Studies.” Latino Studies, 15 (1): 91-94
2017
Cecilia Menjívar. Preface. Pp. xi-xv in Violence and Crime in Latin America: Representations
and Politics, edited by Gema Santamaria and David Carey Jr. Oklahoma University Press.
•
Translated as Prefacio. Pp. 19-24 in Violencia y Crimen en América Latina, 2020, Gema Kloppe-
Santamaria, David Carey, eds. Centro de Investigación y Docencia Económicas, CDMX, Mexico
2016
Cecilia Menjívar. Review essay, Everyday Illegal, based on Everyday Illegal: When Policies
Undermine Immigrant Families, by Joanna Dreby. Sociological Forum, 31 (3): 724-728
2016
(with Peter Rolhoff and others) “Fertility Awareness Methods Are Not Modern Contraceptives: Defining
Contraception to Reflect Our Priorities.” Global Health Science & Practice, 4 (2): 342-345
2013
Cecilia Menjívar. “When Immigration Policies Affect Immigrants’ Lives: Commentary.” Response to
“How do Tougher Immigration Measures Impact Unauthorized Immigrants?” by Catalina Amuedo
Dorantes, Thitima Puttitanun, and Ana P. Martinez-Donate. Demography, 50 (3): 1097-1099.
2012 Cecilia Menjívar. Comment to “Awakening to a Nightmare,” by Roberto G. Gonzales and Leo R.
Chavez. Current Anthropology 53 (3): 272.
2011
Cecilia Menjívar. “Long-term Family Separations and Unaccompanied Children’s Lives.” Response to
“Voice, Agency, and Vulnerability: the Immigration of Children through Systems of Protection
and Enforcement” by Aryah Somers. International Migration 49 (5): 17-19.
2009
Cecilia Menjívar. “Who Belongs and Why.” Response to article, “Which American Dream Do You
Mean?” by David Stoll. Society, 46 (5): 416-418
2008 Havidán Rodríguez, Rogelio Sáenz, and Cecilia Menjívar. (Preface.) Pp. xv-xxiii in Latinos/as in
the United States: Changing the Face of América. New York: Springer
2004
Cecilia Menjívar. “Response to Levitt: Limits of Transnationalism.” Contexts, 3 (3): 5
Working Papers, Policy Reports and Conference Proceedings
2021
Cecilia Menjívar and Andrea Gómez Cervantes. Latina Immigrants’ Health and Access to
Healthcare in the Heartland, before and during the Pandemic.
https://immigrationinitiative.harvard.edu/latina-immigrant-women%E2%80%99s-health-and-
access-healthcare-heartland-and-during-pandemic
Spanish version: La salud y atención médica de las mujeres inmigrantes latinas en la región
Central de Estados Unidos, antes y durante la pandemia:
https://immigrationinitiative.harvard.edu/files/hii/files/brief_12_sp_final_0.pdf?m=1624621172
2020
Cecilia Menjívar. Temporary Protected Status for Central American Immigrants. Latino Policy &
Politics Initiative, UCLA https://latino.ucla.edu/research/temporary-protected-status/
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Spanish version: https://latino.ucla.edu/research/estatus-de-proteccion-temporal-tps-para-
inmigrantes-centroamericanos/
2018
Cecilia Menjívar and Andrea Gómez Cervantes. El Salvador: Civil War, Natural Disasters, and
Gang Violence Drive Migration. Washington, DC: Migration Policy Institute
https://www.migrationpolicy.org/article/el-salvador-civil-war-natural-disasters-and-gang-
violence-drive-migration
2017
Cecilia Menjívar. Temporary Protected Status in the United States: The Experiences of
Hondurans and Salvadorans http://ipsr.ku.edu/migration/pdf/TPS_Report.pdf
2015 Cecilia Menjívar. “Country Conditions: Mexico, Guatemala, Honduras and El Salvador.”
Prepared for Women on the Run report. Washington DC: UNHCR
2013
Cecilia Menjívar and William P. Simmons. “Insecure Communities in Maricopa County: Latino
Perceptions of Police Involvement in Immigration Enforcement.” Report prepared for the
National Day Labor Organizing Network/Puente, presented at the Insecure Communities and
Community Mistrust forum, Phoenix, AZ, December 11th.
2013
Cecilia Menjívar and Olivia Salcido. “Gendered Paths to Legal Status: The Case of Latin American
Immigrants in Phoenix, Arizona.” (Special Report) Washington, DC: Immigration Policy Center,
American Immigration Council. http://www.immigrationpolicy.org/special-reports/gendered-
paths-legalstatus-case-latin-american-immigrants-phoenix-arizona
2012
Cecilia Menjívar and Leisy Abrego. “Legal Violence in the Lives of Immigrants: How Immigration
Enforcement Affects Families, Schools, and Workplaces.” Washington, DC: Center for American
Progress. http://www.americanprogress.org/issues/immigration/report/2012/12/11/47533/legal-
violencein-the-lives-of-immigrants/
2008 Cecilia Menjívar. “Unaccompanied Migrant Children: A First Step at Mapping What We Know.”
Report prepared for FUNDEMEX, ASU’s Office of the President, and the Office of the First
Lady of Mexico. April 27th. (CePoD Working Paper #2008-108)
2005
Cecilia Menjívar. “Migraciones y Transformaciones en la Familia.” (Chapter 7). Informe sobre
Desarrollo Humano (Human Development Report), United Nations Development Program, San
Salvador, El Salvador. http://www.desarrollohumano.org.sv/migraciones
2000
Cecilia Menjívar. “Networks and Religious Communities Among Salvadoran Immigrants in San
Francisco, Washington D.C., and Phoenix.” Center for Comparative Immigration Studies,
University of California, San Diego, Working Paper No. 25.
1999 Cecilia Menjívar et al. “Contemporary Latino Migration to the Phoenix Metropolitan Area.”
Report presented to the Center for Urban Inquiry, Arizona State University.
1995 Cecilia Menjívar. “Social Networks Among Salvadorans in California.” Pp. 47-51 in Central
Americans in California: Transnational Communities, Economies and Cultures, edited by Nora
Hamilton and Norma Chinchilla. The Center for Multiethnic and Transnational Studies,
University of Southern California, Occasional Papers Series, Monograph No.1.
1994 Cecilia Menjívar. “Social Networks Dynamics: Implications for Salvadoreans in San Francisco.”
University of California, Berkeley Chicano/Latino Policy Project Working Paper, Vol 2, No.1.
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Non-peer Reviewed Professional Publications & Public Engagement
2021
Interview with Cecilia Menjívar, “About Legal Liminality and Different Forms of Violence.” IMISCOE,
conducted by Milena Belloni, August 5th https://www.imiscoe.org/news-and-blog/podcast/1354-about-legal-
liminality-and-different-forms-of-violence
2021
Cecilia Menjívar and William P. Simmons. “Latina Immigrants’ Social Isolation.” Public Health
Post https://www.publichealthpost.org/research/latina-immigrants/
2021
Cecilia Menjívar. “The Real Crisis at the US Border.” Oxford University Press’s Academic Insights for the
Thinking World https://blog.oup.com/2021/05/the-real-crisis-at-the-us-border/
2021
Cecilia Menjívar. “What We Should Talk About When We Talk About Root Causes of Migration.”
Interview with Mother Jones April 9th https://www.motherjones.com/politics/2021/04/what-we-should-talk-
about-when-we-talk-about-root-causes-of-migration/
2020
Interview with ASA President-elect, Cecilia Menjívar, conducted by Dr. Joanna Perez. ASA
Latina/o Sociology Section, NOTAS Fall issue, 3-4. (Long version:
https://www.youtube.com/watch?v=UMmUqj8-f88)
2020
Interview with Cecilia Menjívar, “Trump, Covid-19 and the fragility of migrant lives.” Institute for Research
into Superdiversity (IRIS), University of Birmingham, conducted by Nando Sigona, September 29th
https://superdiversity.net/2020/09/29/1778/
2020
Cecilia Menjívar. “TPS Recipients Are Helping to Save the US Economy: It’s Time to Protect Them.”
Opinion, Latino Rebels, https://www.latinorebels.com/2020/10/06/tpsrecipients/
2020
Cecilia Menjívar and Leisy Abrego. “La Brutalidad del sistema migratorio se ensaña contra las mujeres.”
Opinión, El Faro https://elfaro.net/es/202009/columnas/24832/La-brutalidad-del-sistema-migratorio-
se-ensa%C3%B1a-contra-las-mujeres.htm
2020
Cecilia Menjívar, Jacob G. Foster, and Jennie E. Brand. “Don’t Call it Social Distancing.” CNN Opinion
https://www.cnn.com/2020/03/21/opinions/physical-distancing-menjivar-foster-brand/index.html
•
A version appears in the Symposium “Inequalities in Challenging Times,” in the newsletter of the
Inequality, Poverty, and Mobility Section, ASA, May 2020 issue.
2020
Content consultant for, Your Passport to El Salvador by Sarah Corts (Capstone Publishing), book
for 3rd grade readers
2020
Cecilia Menjívar. “Reflection on the Trump Administration.” ASA Section on Human Rights, Winter 2020
newsletter, pp. 3-4. https://asahumanrights.files.wordpress.com/2020/01/hr-newsletter-winter-
2020.pdf
2019
Interview with Cecilia Menjívar, conducted by Milena Belloni and Ilka Vari-Lavoisier, HOMing Project,
University of Trento, Trento, Italy, September
https://homing.soc.unitn.it/2019/12/03/homing-interview-34-cecilia-menjivar/
2019
Cecilia Menjívar and M. Gabriela Torres. “Trump may wish Guatemala were a safe place for asylum
applicants to wait, but it’s not.” Los Angeles Times, July 25th https://www.latimes.com/opinion/story/2019-
07-24/trump-guatemala-asylum-safety
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2019
Content consultant for, Central American Immigrants: In Their Shoes (Momentum Publishers/ The
Child’s World, 2019), book for 3rd to 6th grade readers.
2018
Cecilia Menjívar. “The Central American “Caravan” as a Political Act.” Mobilizing Ideas, The Center for the
Study of Social Movements, University of Notre Dame
https://mobilizingideas.wordpress.com/2018/12/03/the-central-american-caravan-as-a-political-act/
2018
Cecilia Menjívar and Shannon Drysdale Walsh. “Gender Violence: One Driver of the Central American
“Caravan.” The Gender Policy Report, University of Minnesota https://genderpolicyreport.umn.edu/gender-
violence-one-driver-of-the-central-american-caravan/
•
Reprinted in WUNRN (Women’s UN Report Network): https://wunrn.com/2018/11/gender-
violence-a-major-driver-of-the-central-american-caravan/
2018
Cecilia Menjívar and Shannon Drysdale Walsh. “Gender-based Violence in Central America and
Women Asylum Seekers in the U.S.” Translational Criminology, 16x: 12-14.
•
Reprinted in the ASA Sex & Gender Section newsletter, November 2019 (pp. 4-5).
https://asasexandgender.files.wordpress.com/2019/11/sexandgender_newsletter_nov2019
.pdf
2018
Rogelio Sáenz and Cecilia Menjívar. “U.S. should own up to its role in the plight of Salvadorans.” The
Houston Chronicle, January 13th http://www.houstonchronicle.com/opinion/outlook/article/Saenz-U-S-
should-own-up-to-its-role-in-the-12496957.php?utm_campaign=email-
premium&utm_source=CMS%20Sharing%20Button&utm_medium=social
•
Reprinted in La Voz de Esperanza, San Antonio, TX, Vol. 3 (1): 10-11 (February)
2017
Cecilia Menjívar. “Immigrant Rights Under Siege.” Featured article, ASA Section on Human
Rights Newsletter, Fall issue, pp. 4-6
2017
Cecilia Menjívar and Shannon Drysdale Walsh. “The Architecture of Feminicide.”
http://www.panoramas.pitt.edu/larr/architecture-feminicide-state-inequalities-and-everyday-
gender-violence-honduras Latin American Research Review blog
2014
Cecilia Menjívar. “Reflecting on Enduring Violence.” Society, 51 (4): 401-403.
2014 “Enduring Violence.” Gender & Society blog:
http://gendersociety.wordpress.com/2014/03/26/enduringviolence/
2010
“Letter from Immigrant Mothers in Phoenix.” MomsRising.org, May 29,
https://www.momsrising.org/blog/letter-from-immigrant-mothers-in-phoenix
2009
“Immigration Reform: A Country Divided, Or a Richer Society?” Religion Dispatches,
November 20. http://www.religiondispatches.org/
•
Reprinted in Faith in Public Life:
http://faithinpubliclife.org/content/news/2009/11/immigration_reform_a_country_d.html
2008
Cecilia Menjívar. “Los inmigrantes salvadoreños en “limbo legal” en Estados Unidos.” El Faro
Académico, El Faro (El Salvador’s on line newspaper) November 26th.
http://www.elfaro.net/secciones/academico/20081124/academico1.asp
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2001 Cecilia Menjívar. “‘Papers’ offer opportunity, justice for undocumented.” The Arizona Republic,
Sunday, August 5, 2001, V3.
•
Reprinted in Crime and Juvenile Delinquency Division Newsletter, SSSP, Fall 2001.
2001
Cecilia Menjívar. “Latino Immigrants and Views of Crime and Police Authorities in the Phoenix
Metropolitan Area.” World on the Move, Newsletter of the International Migration Section,
American Sociological Association, Volume 7, Number 2. (Spring)
Funded Research
External
2020-2021 NSF Dissertation Improvement Grant to Leydy Diossa-Jimenez, Sociology, UCLA “Emigrant
Political Rights in Latin America, Dual citizenship, Voting and Representation: the cases of
Argentina and Colombia (1970-2018)” ($25,087)
2019-2021 Social Science and Humanities Council of Canada. Role: Co-recipient (Alison Mountz, PD).
“Negotiating Asylum and Protection Along the Canada-US Border.” ($191,657)
2019-2020 NSF Dissertation Improvement Grant to Chiara Galli, Sociology, UCLA, for “The Effects of
the Law on Central American Unaccompanied Minors’ Lives in the United States.” ($15,800),
2017-2018 NSF Dissertation Improvement Grant to Andrea Gómez Cervantes, Sociology, University of
Kansas for “Mixed-Status Families: Power, Identity, and Community.” ($12,000)
2015-2020 NIH/NICHD Program Grant # P01HD080659. Role: Co-Investigator, with others (Program
Director: Jennifer Glick). “Family Migration Context and Early Life Outcomes.” ($4,867,581)
2014 American Sociological Association/National Science Foundation Travel Grant to ISA, ($1,500)
2014-2016 NICHD 1R21HD078201-01 Role: Co-Investigator (Victor Agadjanian, PI) “Behavioral and
Institutional Barriers to HIV Prevention Among Migrant Women.” ($423,800)
2013-2016 W.T. Grant Foundation. Role: Co-PI (Sandra Simpkins, PI) “Distal Factors and Proximal
Settings as Predictors of Latino Adolescents’ Activities: Insights from Mixed Methods.”
($386,352)
2010-2015 NIMH 1K01MH086687-01A1 Role: Qualitative Methods Consultant/Expert (Armando Piña,
PI) “School-based Prevention for Childhood Anxiety.” ($894,495)
2008-2013 NIH/NICHD R01 HD058365. Role: Co-PI (Victor Agadjanian, PI) “Childbearing
Dynamics in a Setting of High HIV Prevalence and Massive ART Rollout.” ($1,672,931)
2008-09 NSF Dissertation Improvement Grant to Jennifer Arney, Sociology, ASU for “Direct to Consumer
Advertising of Psychotropic Medications: Effects for Consumers, Physicians and Society at Large.”
($4,625)
2007– 2012 NIH/National Center on Minority Health and Health Disparities, P20 MD002316-01 Role:
Co-investigator, with others (Flavio Marsiglia, director) “Health Disparities Research at SIRC:
Cultural Processes in Risk and Resiliency. ($7,178,038)
2006-2010 NIH/NICHD, R01HD05175. Role: Co-PI (Victor Agadjanian, PI) “Religious Institutions and
HIV/AIDS Prevention and Care” ($1,043,493)
2006-2008 NIH/NICHD 1R21HD048257-01A1 Role: Co-PI (Victor Agadjanian, PI) “Men’s Migration
and Women's HIV/AIDS Risks.” ($305,128)
2004-2005 NIH/NICHD Supplement to Grant R03 HD043675 Role: Co-PI (Victor Agadjanian, PI)
“Organized Religion and HIV/AIDS in Mozambique.” ($114,138)
1995-1997 NIH/NICHD Minority Investigator Research Supplement to Grant R01 HD27361-06S1 (P.I. of
parent project: Anne R. Pebley) “Health Care Choices During Pregnancy and Illness.” ($48,798)
1990-1991 American Sociological Association Dissertation Research Grant ($5,000)
Internal
2020
“Pro Bono Expert Witness Database Project” (Leisy Abrego and Cecilia Menjívar). Luskin
Institute on Inequality and Democracy, UCLA ($9,393)
2013 Institute for Humanities Research, ASU. “Austere Borderlands: Recession, Migration, and Contested
Means of Belonging in the E.U.” Role: PI (Co-PIs: Megan Carney and Laia Soto-Bermant). ($12,000)
2013
Comparative Border Studies Initiative, ASU ($4,500)
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2012 College of Liberal Arts and Sciences, ASU. Co-PI with Cynthia Tompkins et al. “Mapping Affect
to Understand and Impede the Reproduction of Violence in Latin America.” ($20,000)
2005-2007 Mexican American and U.S. Latino Research Center, Texas A&M (Immigration from El
Salvador), CoPI (Nadia Flores, PI) ($19,500)
2006
Elizabeth Guillot Award, Sociology Program, ASU ($3,000).
2003-2004 Vice President for Research Office, ASU. Co-PI with Laura Peck, Elizabeth Segal and Myla Vicente
Carpio “Examining Poverty in the U.S. Southwest.” ($45,859)
2002 Women’s Studies Summer Research Grant, ASU. “The Social Worlds of Women: Class, Context,
and Culture in Rural Guatemala.” ($2,000)
2000-2001 ASU (university-wide) cluster grant for the study of immigration, coordinated by Brian
Gratton. “People in Motion Seminar.” ($2500)
2000 Dean’s Incentive Grant, College of Public Programs, ASU. “The Phoenix Metropolitan Area: A
New Latino Immigration Gateway.” ($4,800)
1999 Center for Latin American Studies, ASU. “Class, Context and Culture and in Rural Guatemalan
Women’s Networks.” ($1,100) (Summer)
1999
Dean’s Incentive Grant, College of Public Programs, ASU. “New Settlement Patterns of Latino
Immigrants in the Phoenix Metropolitan Area.” ($5,000)
1999-2000 Center for Urban Inquiry, ASU. Graduate Scholars Special Grant to Cindy Bejarano, Eugene
Arene and Emily Skop. Role: Faculty Sponsor/Advisor/Coordinator. “Latino Immigration to the
Phoenix Metropolitan Area.” ($6,993)
1998-1999 Center for Urban Inquiry, ASU, Special Grants. “Contemporary Latino Migration to the
Phoenix Metropolitan Area.” Role: PI ($9,003).
1998-1999 Dean’s Incentive Grant. College of Public Programs, ASU. “Family and Gender in New
Settlement Patterns of Latino Immigrants to the Phoenix Metropolitan Area.” ($5,000).
1997-1998 Faculty Grant in Aid (university-wide), ASU. “Guatemalan Immigrant Women’ Networks.”
($5,350).
1997 Dean’s Incentive Grant, College of Public Programs, ASU. “Economic and Political Justice:
Refugee Migrations in the late 20th Century.” ($5,000).
1996
Dean’s Incentive Grant, College of Public Programs, ASU. “Class, Context, and Culture:
Guatemalan Women’s Networks.” ($4,952).
1996 Women’s Studies Summer Research Grant, ASU. “Salvadoran Women’s Networks.” ($2,300).
1989-1990 University of California Regents, Graduate Student Research Grant. ($5000).
1989-1990 California Policy Seminar, Technical Research Grant. ($2,500)
Keynote and Distinguished Lectures & Panel Presentations (2006 to present)
2021
“Centroamérica a la Luz del Bicentenario y la Pandemia.” Conferencia inaugural, XVII Congreso
Centroamericano de Sociología, San Salvador, El Salvador, June 14th; Panel de cierre del Congreso, June 18th
2021
“Gender, Race, and the Criminalization of Asylum Seekers in the United States.” Charles
Moskos Lecture, Department of Sociology, Northwestern University, May 20th
2020
“Latino Immigrants in the Rural Midwest: Integration, Accommodation, or Exclusion?” Allen D.
and Polly S. Grimshaw Lecture, Department of Sociology, Indiana University, November 13th
2020
“Los desafíos institucionales de la sociología y las ciencias sociales en el mundo de hoy.”
Conversatorio ALAS con el mundo. Presidential panel, Asociación Latinoamericana de Sociología,
Lima, Perú, September 7th (virtual).
2020
“Immigrant Families, Law, and Enforcement: Central American Parents and Children Living in Legal
Limbo.” Council on Contemporary Families 20th Biennial Conference, Austin TX, February 7th.
2019
“Crimmigration: Reflections, Critiques, and Future Steps.” Presidential Panel, American Society
of Criminology meetings, San Francisco, November 12-14.
2019
“The Health Consequences of Immigration Policies: Experiences of Central American Women
Migrants, Plenary Session, Interdisciplinary Association for Population Health, Seattle, WA
October 1-4,
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2019
“A Continuum of Structural and Institutional Violence in the Lives of Central American
Immigrant Women.” Keynote Address, 17th Annual Workshop, Racial Democracy, Crime, and
Justice Network, Center for Law and Justice, Rutgers University, Newark, July 12th
2019
“Immigrant Families and Youth: Justice and Democracy.” Presidential Panel, Latin American
Studies Association, Boston May 24-27
2019
“Relations Between Latino Immigrants and Non-Immigrant Residents in the Heartland.” Robin
Williams Lecture, Department of Sociology and Jack W. Peltason Center for the Study of
Democracy, UC Irvine, April 26th
2018
“Migrant Illegality Across Uneven Spaces: Advancing the Sociology of Immigration.” Keynote
lecture, Migrant Illegality Across Uneven Spaces Conference, Brown University, October 28th
2018
“Law, the Media and the Criminalization of Immigrants: Constructions and Consequences.”
Henry M. Jackson Endowed Lecture in International Relations, Whitman College, February 28th
2017
“Gender-based Violence across the Global South: Learning about it and from it.” “Gendered Violence
in the Global South” Conference, University of South Wales, Sidney, Australia, December 6th
2017
“Immigration Law, Hostile Contexts, and the Membership of Latino Immigrants.” Keynote lecture,
Latin American and Latino Studies, University of Arkansas, April 4th
2017
“Immigration Law in the Lives of Immigrants: Membership, Citizenship, and Exclusion?” Keynote
lecture, Center for Latina/o Studies in the Americas, University of San Francisco, February 27th.
2016
“Country Conditions for the Migration of Central American Women,” Plenary Session, CLINIC
(Catholic Legal Immigration Network, Inc.) Convening, Sheraton Hotel, Kansas City, MO. May 24th.
2015 “Central American Immigrants Navigate the US Ethnoracial Landscape.” Keynote lecture, Rethinking Race:
USC’s Centennial Celebration Conference, University of Southern California, October 28-19
2015 “U.S. Immigration Law and the Reconfiguration of Immigrant Families.” The 2015 Albert Morris
Lecture, Department of Sociology, Boston University, April 29th
2014 “The Reconfiguration of Immigrant Latino Families.” Bold Aspirations Lecture, Office of the
Provost, University of Kansas, October 21st.
2014
“The Reconfiguration of Immigrant Latino Families in Light of the Current Immigration Regime.” Latin
American & Latino Studies Distinguished Lecture, University of California, Santa Cruz, May 14th
2013 “Multi-layered Legislation, Enforcement Practices, and Piecemeal Immigration Policies: What
Can We Learn From and About Today’s Approaches?” Keynote Address, Latino Communities in
Old and New Destinations: Multi-disciplinary Perspectives to Assessing the Impact of Legal
Reforms Conference, University of South Florida, November 8th
2013 “Immigrants’ Lives, Immigration Laws and Reflections for Reform.” The Bastian Foundation Diversity
Lecture Series, Westminster College, Salt Lake City, September 27th
2013 “A Reflection on Immigration, Violence and Vulnerability.” The Cole Lecture, 31st Annual Sociology and
Anthropology Symposium, Wheaton College, Norton, MA January 30-31
2012
“Immigration and Religious Communities: Challenges to Public Life.” Plenary Session, Society for
the Scientific Study of Religion and Religious Research Association, Phoenix, AZ, November 9-11
2012
“Borders, Migration, Community: Arizona and Beyond” Preconference Lecture, International
Communication Association, Phoenix, Arizona, May 24th
2012 “The Power of the Law: Central Americans’ Legality in Everyday Life.” Featured speaker, Central
Americans and the Latino/a Landscape: New Configurations of Latina/o America Conference,
LLILAS/CMAS, University of Texas, Austin, February 24th.
2011 “Everyday Violence in the Lives of Ladina Guatemalans.” ADVANCE Distinguished Lecture,
Kansas State University, Oct 21st
2011 “Migración Femenina Centroamericana en Estados Unidos.” Conferencia magistral, II Encuentro
Mesoamericano de Estudios de Género y Feminismos, Avances y retos de una década: 2001-
2011. FLACSO, Guatemala City, Guatemala, May 6th
2011 “Latino Immigrant Lives: Reflections for Reform.” The 20th Anniversary Daniel S. Sanders Peace
and Social Justice Lecture, University of Illinois, Urbana-Champaign, May 2nd
2010 “Living in Legal Limbo: Latino Immigration in Arizona.” Keynote Address, Changing Face of
America Conference: Immigration and Social Policy, San Jose State University, Oct 23rd.
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2010
“Citizenship, Exclusion, and the Contemporary Immigration Regime. Opening Keynote Lecture,
10th conference on Globalization and Social Responsibility, St Olaf College, February 26th, and
“Gender and Families Left Behind in the Context of Migration,” February 27th.
2009 “Immigration, Citizenship, and Exclusion: Latin-American Immigrants and the Contemporary
Immigration Regime.” Alpha Kappa Delta Distinguished Lecture, American Sociological
Association Meetings, San Francisco, August 8th.
2008
“Violence Against Immigrants: The Border and Beyond.” Keynote speaker, Lives on the Edge:
Immigration and Politics Along the U.S.-Mexico Border Workshop, University of Arizona May 2nd.
2008 “Domestic Violence and Immigrant Families.” Plenary panel: “The Role of Families in
Integration.” Tenth Metropolis Conference, Halifax, NS, Canada, April 3-6
2007
“Immigration Policy and Family Reorganization: Experiences of Salvadoran and Guatemalan
Immigrants.” Keynote speaker for the year’s colloquium series, Department of Sociology,
University of North Carolina, Greensboro, March 23rd
2006 Closing Remarks, Latina/o Migration: Local and National Challenges, University of Illinois,
Urbana Champaign, October 11th.
Public & Policy Engagement Presentations
2021
“Immigration Reform for the 21st Century: Exploring Pathways to Safer and More Prosperous
Communities.” Latino Policy & Politics Initiative, UCLA, May 4th
2020
“Central American Women and Contexts of Violence.” Panel on Feminist Approaches to Justice:
Addressing Partner Violence Against Colonized Women, American Society of Criminology,
DWC, CSW63 Committee, NGO Forum, United Nations, New York (cancelled day before)
2019
“The Making of Immigrants into Criminals: Law, Enforcement, and the Media.” Spotlight
Sociology, Public Lecture, Social Science Division, UCLA, January 24th.
2018
“Asylum Protection for Immigrant Women Fleeing Violence.” Congressional Briefing, Rayburn House
of Representatives, October 11th (Division of Women & Crime, American Society of Criminology).
2017
“Temporary Protected Status in the United States: The Experiences of Hondurans and Salvadorans.”
--Legislative briefing, Cannon Building 122 (House), Washington DC, June 23rd
--Presentation to the National TPS Alliance, All Souls Church, Washington DC, June 24th
2015-2016 The Integration of Immigrants into American Society Report, National Academy of Sciences,
Engineering, and Medicine. Panelist/Contributing author.
--Congressional Briefing, Rayburn House of Representatives, DC, March 11th, 2016
-- National Immigrant Integration Conference, December 14th, 2015
--National Academy of Sciences, Engineering, and Medicine, Washington DC September 28th, 2015
2015
“Central America: Migration Trends” brief. Bureau of Western Hemisphere Affairs, Department
of State, Washington DC, January 7th
2012
“Legal Violence in the Lives of Immigrants: How Immigration Enforcement Affects Families,
Schools, and Workplaces.” (with Leisy Abrego). Capstone event, Documenting the
Undocumented Series, Center for American Progress, Washington, DC, December 11th.
2011
“Family Separation and Immigrant Women.” “Organizations Working with Latina Immigrants:
Resources and Strategies for Change,” Institute for Women’s Policy Research/Woodrow Wilson
International Center, Washington DC, March 25th
Invited Presentations/Lectures (2006 to present)
2021
“Central American Women in the Asylum System and Beyond.” Migration Working Group,
University of North Carolina, Chapel Hill, March 10th.
2021
“Central Americans Latinos/as.” (Sociology of Latinx Identity and Mobilization, Cristina
Lacomba) Harvard University, February 24th.
2021
“Gender-based Violence in Central America.” Humanizing Asylum for All Symposium,
University of Pennsylvania Carey Law School, February 19th
2021
“Immigration in a Changing Policy Context.” District of Columbia Sociological Society ASA
President-elect Address, February 18th
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2021
“Interviewing Immigrants in Different Contexts.” California Center for Population Research,
UCLA, January 13th.
2020
“Seeking Refuge in the Carceral State: Central American Women in the U.S. Asylum System.”
Department of Sociology, University of Wisconsin-Madison, December 16th
2020
“Desafíos actuales y futuros de las migraciones Latinoamericanas.” Sección Migraciones
Internacionales-Latin American Studies Association, December 9th
2020
“Observaciones sobre la Nueva Narrativa de Centroamérica.” FLACSO-El Salvador/Naciones
Unidas-El Salvador, December 4th
2020
“Reflexiones sobre migración y esperanza.” Primer conversatorio, Semana por la Esperanza,
Centro de Investigaciones y Estudios Sociológicos/Centre of Latin American Studies, University
of Cambridge, UK, December 1st
2020 “A Conversation on Asylum, Violence and Latin American Immigrants in an Age of
Enforcement.” Latin American Studies (LAS 250, Dana Leibsohn), Smith College, November 5
2020
“A Continuum of Punishment: Post-Detention Lives of Central American Women Asylum
Seekers.” The Tri-Campus Colloquium Speaker Series, Department of Sociology, University of
Toronto, October 8th
2020
“Gender and Multisided Violence in Central America and Beyond.” Danish Institute for
International Studies, Copenhagen, June 4th
2020
“Comments” to AKD (Sociology International Honor Society) Inductees, Department of
Sociology, Loyola University Maryland, April 28th
2019
“Criminalization of Immigrants through Law and the Media in the U.S.” Public lecture (HOMinG
Seminar), University of Trento, Italy, September 11th
2019
“Latino Immigrants and Non-Immigrants in the U.S. Heartland: Ethnographic Lessons.”
International Summer School in Ethnography, University of Trento, September 10th.
2019
“Reflections on Conducting Research in Immigrant Communities Today.” American Voices
Project (Peter Cookson, Kathryn Edin, David Grusky, PIs), Johns Hopkins University, June 25th
2019
“Contradictions of Temporary Protected Status: Earnings, Education, Civic Engagement.”
University of Massachusetts, Lowell, March 27th
2019
“Transparency in Ethnographic Research: Ethics and Professional Responsibility.” (Graduate
Student Workshop) Urban Ethnography Lab, University of Texas, February 28th
2019
“Relations between Central American Immigrants and Non-Immigrants in Rural Kansas.”
Department of Sociology, University of Texas, Austin, February 28th
2019
“Relations between Latino Immigrants and Non-Immigrants in the Heartland.” Migration and
Immigrant Incorporation Workshop, Department of Sociology, Harvard University, February 19th
2018
“Transformative Effects of Immigration Law and Its Enforcement on Perceptions of the Self.”
Center for the Study of Law & Society, UC Berkeley, November 19th
2018
“Ethics & human subjects today: legal rights & limits for researchers,” “Collecting data on
Undocumented: Fieldwork Techniques.” Summer Institute in Migration Research Methods,
BIMI, UC Berkeley, June 18th
2018
“The Legal Violence of the 2017 Executive Orders: Effects on Latino Immigrants and White
Residents in Rural America.” LALACS, Dartmouth College, May 23th
2017
“Temporary Legal Statuses and Transformations of the Immigrant Self.” Center for Comparative
Migration Studies, UC San Diego, May 25th
2015 “Immigration Law and Immigrant Families.” Department of Sociology, Yerevan State University,
Yerevan, Armenia, May 13th
2015 “The Reconfiguration of Immigrant Families through Law.” The Kercher Symposium Series,
Department of Sociology, Western Michigan University, April 8th
2014 “Immigration Laws and Immigrant Families.” OLLAS Lecture Series, Office of Latino/Latin
American Studies, University of Nebraska, Omaha, November 11th.
2014 “The Transformative Effects of Immigration Law.” CLASS Workshop, Gould School of Law,
University of Southern California, September 29th.
2014 “Transformative Effects of Immigration Law on Families.” Department of Sociology, UCLA, April 6th
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2013
“Enduring Violence: Ladina Women’s Lives in Guatemala.” Department of Sociology, University
of Pennsylvania, November 20th.
2013
“Transformative Effects of Immigration Law.” Center for Migration and Development, Princeton
University, May 9th.
2013 “Legal Violence: Short- and Long-Term Effects on Immigrants.” Population Studies & Training
Center, Brown University, May 2nd.
2012 “Criminalization of Immigrants: Effects on the ground.” Krost Symposium, Texas Lutheran
University, October 4th.
2012 “Enduring Violence in Guatemala’s Women’s Lives.” Department of Sociology, Northern
Arizona University, September 25th.
2012 “Hyper Awareness of the Law in Central American Immigrants’ Everyday Life.” Center for Race,
Ethnicity and Politics, UCLA, April 18th.
2012 “Enduring Violence: Ladina Women’s Lives in Guatemala.” UCLA “Untold Histories:
Transnational Voices of Central Americans” series, and California State University, Los Angeles
Chicano Studies and Latin American Studies, February 2nd.
2011 “Living in Legal Limbo: Latino Immigrants in Arizona’s Immigration Regime.” University of
California, Merced, March 14th
2010 “A Framework of Vulnerability and Violence.” What Katrina Can Tell Us About Race, Class, and Gender
in These United States Meeting, Social Science Research Council, New York, November 12th-13th.
2010 “Central Americans’ Legality and Everyday Life in Phoenix, Arizona.” Center for Multicultural
Studies, University of California, Santa Barbara, May 3rd
2010
“El impacto de las leyes migratorias en la vida de centroamericanos en Estados Unidos: el caso de
Phoenix, Arizona.” Seminario Permanente de Migración, Colegio de La Frontera Norte, Tijuana, BC,
Mexico, April 9th.
2010 “Family, Border Justice, and Policy.” 7th Border Justice Series Conference, Social Justice and
Human Rights Program, Arizona State University West, March 25th
2009 “Legal Violence: Contemporary U.S. Immigration Law and Central American Lives.” Marcos &
Conceptos: A Critical Latin/a American Studies Symposium.” American Studies and Ethnicity
Program, University of Southern California, April 17th.
2009
“Immigration and Legality.” Global Initiative Speaker Series, Northern Arizona University, March 4th.
2008 “Legal Violence?: Immigration Law in the Lives of Central Americans in the United States.”
Department of Sociology, Department of Chicano/Latino Studies, and Center for Research on
Latinos in a Global Society, University of California, Irvine, May 9th.
2008 “Men’s Migration and the Women who Stay.” Department of Sociology’s Workshop on
Economic Sociology and Center for Migration Studies, Princeton University, April 28th.
2008 “International Perspectives on Migration and the Family: Research from the United States.”
Family Migration Pre-Conference Day, St. Mary’s University, Halifax, NS, Canada April 3rd.
2008 “Central American Immigrant Families and Contemporary Immigration Law: Redefinition,
Reorganization or Breakdown?” Latino and Hispanic Caribbean Studies, Rutgers University Latin
American Studies, and Center for Latino Arts & Culture, Rutgers University March 26th.
2007 “Legal Violence and the Family Lives of Central American Immigrants.” Institute for the Study
of Social Change, University of California, Berkeley, November 8th.
2007
“Immigration Policy and Family Reorganization: Experiences of Salvadoran and Guatemalan
Immigrants.” Mason Migration Project/Department Sociology, George Mason University, March 22nd.
2006 Primer encuentro de latinidades: Una mirada crítica a los movimientos y realidades de los
emigrantes hispanoamericanos en los Estados Unidos, especialista participante. Convenio Andrés
Bello, Bogotá, Colombia, Dec 15-16.
2006 “Law Against the Family: Salvadoran and Guatemalan Immigrant Families and Immigration
Law.” Department of Sociology, UCLA December 7th.
2006
“Religion and the Contexts of Exit and Reception in Immigrants’ Lives: Observations from
Phoenix.” CORRUL/Department of Sociology, Rice University, November 10th
2006
“Las nuevas familias centroamericanas en tiempos de migración.” Taller Centroamericano de la
Red Internacional de Migración y Desarrollo (RIMD), Programa de Naciones Unidas para El
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Desarrollo (PNUD) El Salvador, y Universidad Centroamericana José Simeón Cañas, (UCA) San
Salvador, El Salvador, June 28th & 29th.
Conference/paper Presentations (*denotes invited) (2006 to present)
2020
“Legal Conditions for Law In/Effectiveness: The Anti-Abortion and Violence Against Women
(VAW) Laws in El Salvador.” Law & Society Association meetings, May 28-31, Denver, (online)
2020
“The Central American Exodus: Its Roots, Present Course, and Prospects.” (Panelist & organizer.)
Invited Thematic Panel, Eastern Sociological Society, Philadelphia, February 27-March 1*
2020
“Central American Women in the Immigration System: From Asylum Seeking to Detention.”
American Association for the Advancement of Science, Seattle, February 13-16* (Panel selected for
press briefing.)
2019
“The State and Bureaucracies of Displacement.” Special Session on “State Policies: Evasion,
Implementation and Impact on the Livelihood and Welfare of Refugees and Recent Migrants.”
American Sociological Association, New York, August 9-13*
2019
“State Response to Violence Against Women: Transforming Police Practice.” Roundtable
discussion, Shannon Drysdale Walsh organizer/discussant. Latin American Studies Association
meetings, Boston, MA, May 24-27*
2019
“Illegal Encounters: The Effect of Detention and Deportation on Young People.” Chapter
presentation. Latin American Studies Association meetings, Boston, MA, May 24-27*
2019
“Género en la migración centroamericana contemporánea a Estados Unidos.” Advanced Research
Institute on International Migration, El Colegio de México, Mexico City, May 16th*
2019
“Transformative Effects of Immigration Law in Hostile Contexts.” Law, Inequality and the
Politics of Moral Worth Conference, Weatherhead Research Cluster on Comparative Inequality
and Inclusion, Harvard University, May 3rd *
2019
“Media Frames and Effects on Immigrants and Non-Immigrants in Arizona and Kansas.”
Immigration: The Politics of Inclusion and the Politics of Threat Workshop, Social Science
Research Council, New York, March 29th*
2018
“The Media’s Role in Anti-Immigrant Policies: The Arizona Republic and SB 1070” (with Daniel
Alvord). Social Science History Association meetings, Phoenix AZ Nov 8-11*
2018
“Las Contradicciones del TPS: Educación, Ingresos y Participación Cívica.” 2nd Annual
Metropolis North America Migration Policy Forum, Mexican Secretariat of Foreign Affairs,
Mexico City, September 27-28*
2018
“Legal Structures, Institutions, Racialization Practices and the Immigrant Self.” Invited Session, “Theorizing
Emotions and the Self in Migration Research American Sociological Association Meetings, Philadelphia,
August 11-14*
2017
“The Contradictions of Liminal Legality: Economic Attainment and Civic Engagement of
Immigrants on TPS.” (with Byeongdon Oh, Daniel Alvord, and Victor Agadjanian) American
Sociological Association, Montreal, Canada, August 12-16
2017
“Document Overseers, Enhanced Enforcement, Racialized Local Contexts, and Liminally Legal
Latino Immigrants.” Paper-Trails: Migrants and Documents in an Era of Legal Insecurity,
University of Colorado, Denver, August 7-9.*
2017
“Country Conditions, Gender-based Violence, and the Migration of Central American Women to
the U.S.” Reconsidering Gender-based Violence in the Context of Displacement and Migration,
Göttingen Center for Gender Studies Summer Symposium, Göttingen, Germany July 6-7*
2017
“The Temporariness of Legality: Waiting, Uncertainty, and Transformations of the Self.”
Citizenship in Unsettling Times Workshop, University of Leicester, Leicester, UK, June 8-9.*
2017
“Gender-based Violence.” Country Conditions in Central America and Asylum Decision-Making,
Center for Latin American & Latino Studies, American University, January 12-13, Washington, DC*
2016 “Legal Experiences and Attitudes of Immigrants.” Law & Society Association, June 2-5, New Orleans*
2016
The Transformative Effects of Multi-layered Precarity: Experiences of Liminally Legal Central
American Immigrant Workers, Latin American Studies Association, May 27-30, New York.*
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2016
“Geopolitics, Securitization, and the Definitional Question in Asylum Admissions: The Case of
Central Americans Then and Now.” Shifting Landscapes of Asylum in North America, Canada
Program, Weatherhead Center for International Affairs, Harvard University, May 2-3.*
2016
“Theoretical, Methodological, and Ethical Issues in Conducting Research with Undocumented,
Unaccompanied, and Citizen Children,” Undocumented, Unaccompanied, and Citizen: Charting
Research Directions for Children of Immigration, School of Social Work, UT Austin, Feb 25-26.*
2016 “Is There a Role for Academics in the Support of Central American Refugees?” Plenary opening
panel, Derechos en Crisis: Refugees, Migrant Detention, and Authoritarian Neoliberalism,
LLILAS, UT, Austin, February 24-26.*
2015 Panel “The Politics of Citizenship,” Transforming Migrations: Beyond the 1965 Act Conference,
University of California, Irvine, October 8-9.*
2015
Panel “Intersections of Violence in Latin America and Human Rights Across Time and Space.”
Intersections of Violence in Latin America Symposium, Latin American, Caribbean and Latino
Studies Program, University of Kentucky, September 30th
2015
“Exploring Strategies from Scholarly Research to Expert Testimony.” Central American Refugees in
Detention: Rethinking U.S. Immigration Conference, Chicano Research Center, UCLA, September 17th
2015 “Everyday Aggression: Inequality and Feminicide in Honduras and Latin America.” Featured
Session— Enduring and/or New Forms of Inequality in a Globalizing Word, Panel 1. Latin
American Studies Association meetings, San Juan Puerto Rico, May 27-30.*
2015 “Legal Status as an Identity among Immigrants.” Migration and Identity: Perspectives from Asia,
Europe and North America, Chinese University of Hong Kong, Hong Kong, March 6-7.*
2015
“Contributions to Policy: Legal Status.” Frontiers of Immigration Research and Policy Conference,
Temporary Migration Cluster, University of California, Davis, January 22-23.*
2014 “Social Networks Among Older Asian and Latino Immigrants in Phoenix.” (Cecilia Menjívar and
Haruna Fukui) Thematic Session on Networks of Need in the Age of Economic and Social
Precarity, American Sociological Association, San Francisco, CA, August 16-19.*
2014 “Multisided Violence and the State in the Lives of Guatemalan and Salvadoran Women.” XVIII
ISA World Congress of Sociology, Yokohama, Japan, July 13-19.
2013 “Broken by Law?: How Immigration Policies Split Families.” (Maria Enchautegui and Cecilia
Menjívar), Association for Public Policy Analysis and Management, Washington DC, November 7-9.
2013
“Contexts of Exit and Women’s Emigration.” Law, Asylum, and Sending Countries panel, Crossing
Borders: Immigration and Gender in the Americas, Radcliffe Institute, Harvard University, April 25-26.*
2013 “Violence Against Immigrants: A Focus on Structures.” Undocunation Symposium, Center for
Race & Gender, University of California, Berkeley, February 15.
2012 “The Plurality of the Legal Context of Reception: The Case of Central Asian Immigrant Women
in Russia.” (Cecilia Menjívar, Natalia Zotova, and Victor Agadjanian), American Sociological
Association meetings, Denver, CO, August
2012 “Twenty Years of Continued Migration,” El Salvador: Twenty Years of Peace panel, Latin
American Studies Association meetings, San Francisco, CA, May 23-26.*
2012
“Legality without Borders: US Immigration Law and Transnational Links.” [Im]Migration and
Movement: People, Ideas, and Social Worlds: A Fellows Symposium, Institute for Humanities
Research, Arizona State University, April 23rd.*
2012 “The Socio-emotional Effects of SB 1070 on Youth in Arizona.” (Carlos Santos and Cecilia
Menjívar) Equity and Opportunity Research Symposium: Immigration Policy Shifts affecting
Latino Children/Families, Arizona State University, February 23-24.*
2011 “Everyday Violence in the Lives of Ladina Guatemalans.” Thematic Session on Conflict,
Citizenship, and Development in Latin America, American Sociological Association meetings,
Las Vegas, NV, August 20-23.*
2011
“War and Peace: Enduring Social Effects of Protracted Conflicts in Southern Africa and Central
America.” (Cecilia Menjívar and Victor Agadjanian) Thematic Session on Learning from Intractable
Social Conflict, American Sociological Association meetings, Las Vegas, NV, August 20-23.*
2011 “Immigrant Latina Mothers as Targets of Legal Violence.” (Leisy Abrego and Cecilia Menjívar)
Invited section on Treacherous Geographies of Borders, Gender, and Immigrant Communities in
the Americas, American Sociological Association meetings, Las Vegas, NV, August 20-23.*
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2011 Presentation/Discussion of Enduring Violence: Ladina Women’s Lives in Guatemala. Encuentro
Mesoamericano de Estudios de Género y Feminismos, Avances y retos de una década: 2001-
2011. FLACSO, Guatemala City, Guatemala, May 5th *
2011
“Labor Force Participation Among Aging Immigrants in the United States.” (Haruna Fukui and Cecilia
Menjívar) Poster, Population Association of America meetings, Washington, DC, April 1st
2010
“Central Americans’ Lives in the United States: What Can We Learn About Them and From Them.”
Surveying Social Marginality Conference, University of Washington, Seattle, October 8th.*
2010 “Liminal Legality and the Experiences of Transnational Children and their Families.” Thematic
Session on Children’s Citizenship Status and Experiences in a Globalizing World, American
Sociological Association meetings, Atlanta, GA, August 14-17.*
2010
“Enduring Violence: Ladina Women’s Lives in The Guatemalan Oriente.” Republics of Fear:
Understanding Endemic Violence in Latin America Today Conference, Lozano Long Center,
University of Texas, Austin, March 4-5.*
2009
“Controlling Immigration or Legal Violence?: An Assessment from Phoenix, AZ.” Migration during an
Era of Restriction Conference, University of Texas, Austin, November 4-6.*
2009 “Economic Uncertainties, Social Strains, and HIV Risks: Exploring the Effects of Male Labor Migration
on Rural Women in Mozambique.” (Victor Agadjanian, Cecilia Menjívar and Boaventura Cau) How
Immigrants Impact their Homelands Conference, Boston University, September 25th.*
2009
“Living on the Edge of the Law: The 1.5 Undocumented Mexican Generation and the Transformation of
Citizenship.” (Belinda Herrera and Cecilia Menjívar) Social Science Research on Immigration: The Role
of Transnational Migration, Communities and Policy, Arizona State University, September 10-11th*
2009 “Defending Borders and the Brutalization of the US American Public.” (Sang Kil, Cecilia Menjívar,
and Roxanne Doty) American Sociological Association, San Francisco, CA, August 8-11.
2009
“Securing Borders: Patriotism, Vigilantism, and the Brutalization of the U.S. American Public.” (Sang
Kil, Cecilia Menjívar, and Roxanne Doty) Pacific Sociological Association, San Diego, CA, April 8-11*
2009
“Combining Computer Simulation and Ethnography in Studying Network Dynamics, Network
Formation, and Disintegration of Salvadoran Immigrants’ Networks.” (Bruce Rogers and Cecilia
Menjívar) Mixing Methods in Social Network Research International Conference, European
Academy, Berlin, Germany, January 30-31*
2008 “Family Separation and Immigration Law: Central American cases in Phoenix, Arizona.”
Transnational Parenthood and Children-Left-Behind Conference, International Peace Research
Institute (PRIO), Oslo, Norway, November 20-21.
2008 “Parents and Children across Borders: Legal Instability and Intergenerational Relations in
Guatemalan and Salvadoran Families.” (Cecilia Menjívar and Leisy Abrego) American
Sociological Association Meetings, Boston, August 1-4*
2008
“In Solidarity: Assistance to Central American Transmigrants during their Journeys North. (Lilian
Chavez and Cecilia Menjívar) International Migration Section Roundtables, American
Sociological Association Meetings, Boston, August 1-4.
2008 “Residents' Views toward Immigration and Social Transformation in the U.S. Southwest.”
(Haruna Fukui and Cecilia Menjívar) International Migration Section Roundtables, American
Sociological Association Meetings, Boston, August 1-4.
2008
“Educational Aspirations and Documented Dreams: Guatemalan and Salvadoran Immigrants and their
Prospects in the U.S. Educational System.” The Americas Plural: Regional and Comparative
Perspectives Conference, Institute for the Study of the Americas, University of London, June 19-20*
2007 “Rights of Racial and Ethnic Minorities and Migrants: Between Rhetoric and Reality” (Cecilia
Menjívar and Rubén Rumbaut). To be presented at the “Migration and Human Rights in the North
American Corridor” conference, Human Rights Program, University of Chicago, Oct 12-13*
2007 “Women’s Lives and Violence in Eastern Guatemala.” Latin American Studies Association
Meetings, Montreal, Canada, September*
2007 “Reshaping the Post-Soviet Periphery: The Impact of Men’s Labor Migration on Women’s Lives
and Aspirations in Rural Armenia” (Victor Agadjanian, Arousyak Sevoyan, and Cecilia
Menjivar). Population Association of America, New York, March.
2007 “Escaping Stereotypes: Older Women’s Perceptions of Old Age and Aging.” Leah Rohlfsen and
Cecilia Menjívar. Pacific Sociological Association Meetings, Oakland, CA, March.
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2006 “Enduring Violence: Women's Lives in Eastern Guatemala.” American Anthropological
Association Meetings, San Jose, CA, November*
2006 “Fighting to Exist in Non-Existence: The Citizenship Process of Central American and Mexican
Women” (Olivia Salcido and Cecilia Menjívar). International Migration Section Roundtables,
American Sociological Association Meetings, Montreal, Canada, August.
2006 “Guatemalan women’s work and gender relations in Guatemala.” Research Committee 06,
Family Research, Session 10: Families in developing countries. ISA World Congress of
Sociology, Durban, South Africa, July.
2006 “Guatemalan and Salvadoran Immigrant Families and US Immigration Policy.” Research
Committee 06, Family Research, Session 06: Various family forms. ISA World Congress of
Sociology, Durban, South Africa, July.
2006
“New Family Formations and US Immigration Law.” Latin American Studies Section, Western
Social Science Association, Phoenix, AZ, April.
Conference/invited panel discussant (2006 to present)
2021
30th Anniversary of the Latina/o Section of the American Sociological Association, Panel on
Future Directions of Latina/Latino Sociology, July 21st
2019
Migration Panel II. Critical Perspectives on Race and Human Rights: Transnational Reimaginings
Conference, The Promise Institute for Human Rights, UCLA School of Law, March 8th
2017
Thematic Session: The Cultural Terrain of Migrant Inclusion and Exclusion: Perspectives from
Africa and Asia (presider & discussant), American Sociological Association, Montreal, Aug. 12-16
2015 “Immigration and Politics.” Regular session, American Sociological Association meetings, Aug
22-25, Chicago, IL. (Discussant)
2015
“Migrations, Precarities and Illegalizations in the Americas” (Panel I). Latin American Studies
Association, San Juan Puerto Rico, May 27-30 (Panel Discussant)
2015 “Gender Issues in Contemporary Armenia: From Research to Policy.” Yerevan State University
Center for Gender and Leadership Studies, Armenia, May 11-12 (Conference Rapporteur)
2015
“Fleeing Violence, Finding Prison: The Treatment of Migrant Women in Flight from Domestic Violence
in the U.S. Immigration System.” Haury Program in Environmental and Social Justice, James E.
Rogers College of Law, University of Arizona, Tucson, AZ, April 23-24
2014 “Somos Familia: The Transnational Politics of Representation about Latino Families.” Latina/o
Studies International Conference, Chicago, IL, July 17-19
2014
“The Disappeared, Displaced and Technologies of Memory: Long-term Consequences of Armed
Conflicts in Central America.” Latin American Studies Association meetings, Chicago, May 21-24
2014 Central American Immigration: Honoring Pioneers & Charting New Paths, Center for the Study
of Immigrant Integration, University of Southern California, February 26.
2013
Trabajadoras migrantes en la frontera sur: seminario/taller. El Colegio de México, June 21-22.
2012 Thematic session, Gender and Immigration, Pacific Sociological Association Meetings, San
Diego, CA, 22-25 March
2010 Thematic session, Spiritual and Religious Challenges to State Citizenship in the Age of
Migration, American Sociological Association meetings, Atlanta, GA, August 14-17.
2010 Taller “Familias y Movilidades: Enfoques teóricos y perspectivas metodológicas”, Colegio de
México, DF, México, June 11th
2009 Unaccompanied Migrant Children Workshop/Discussion, Radcliffe Institute, Harvard University,
June 17-20.
2008 “Religion at the Edge: Expanding the Boundaries of the Sociology of Religion.” Center for the
Study of Religion, Princeton University, October 3-4.
2007 Panel “The Border is Everywhere: “New” Spaces and Actors in Transnational Migration between
Latin America and the United States - Part 1, Latin American Studies Association, Montreal.
2007
“A Conversation with Alejandro Portes.” Eastern Sociological Society, Philadelphia, March.
2006
Session “Beyond Low Wage Labor Migration: Entrepreneurs, Professionals, & Managers.”
American Sociological Association Meetings, Montreal, Canada, August
2006
Qualitative methods session and session on ethics of research. “Taller Centroamericano de la Red
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Internacional de Migración y Desarrollo (RIMD), Programa de Naciones Unidas para El
Desarrollo (PNUD) El Salvador, y La Universidad Centroamericana José Simeón Cañas, (UCA)
San Salvador, El Salvador, June 28th & 29th.
2006 Panel “Transnational Families.” Fourth Annual Summer Institute on International Migration,
Center for Comparative Immigration Studies, University of California, San Diego, June 19-23.
2006
Migration and the Arts in the United States Workshop, Princeton University, June 1-2.
2006 Panel “Voces Inocentes: Discusión sobre el largometraje.” Latin American Studies Association
Meetings, San Juan, Puerto Rico, March.
Critic on Book Panels
2021
Panel for “In Someone Else’s Country: Anti-Haitian Racism and Citizenship in the Dominical
Republic,” by Trenita Brookshire Childers. Society for the Study of Social Problems, August 5th.
2020
“Toward Social Justice: New Books by Latinx Scholars.” School of Social Ecology, UC Irvine,
October 15th
2019
Panel for “Kids at Work: Latinx Families Selling Food on the Streets of Los Angeles,” by Emir
Estrada. School of Human Evolution and Social Change, ASU, November 7, 2019.
2018
Panel for “Gone Home: Race and Roots through Appalachia,” by Karida Brown. UCLA Center
for the Study of International Migration, October 5th.
2015
Panel for “Crime, Punishment and Migration,” by Dario Melossi. American Society of
Criminology, November 18-21, Washington, DC.
2009
Panel for “Survival of the Knitted: Immigrant Social Networks in a Stratified World,” by Vilna
Bashi. American Sociological Association, San Francisco, CA, August 9th.
2009
Panel for “God’s Heart has no Borders,” by Pierrette Hondagneu-Sotelo, Pacific Sociological
Association, San Diego, CA, April 10th.
2006
Panel for “La Virgen of el Barrio: Marian Apparitions, Catholic Evangelizing, and Mexican
American Activism, by Kristy Nabhan-Warren. Association for the Sociology of Religion,
Montreal, Canada, August 9-12.
Presentations At UCLA
2021
“Effects of Immigration Law on Physical and Mental Health of Immigrants.” Neuropsychology
Brown Bag (Instructor Mirella Diaz Santos), Department of Psychiatry and Biobehavioral
Sciences, Simmel Institute, February 11th
2021
“Law In(effectiveness) in Women’s Lives: Family-first Ideologies vs. Abortion and Violence
Against Women Laws in El Salvador.” (with Leydy Diossa-Jimenez), Gender and Sexuality
Working Group, Department of Sociology, February 10th
Presentations at the University of Kansas
2015
“Central American Women: Immigrants or Refugees?” XXIV Waggoner Research Colloquium,
Center for Latin American Studies, University of Kansas, November 13th
Presentations at Arizona State University
2012
“Immigration and Arizona” Faculty Cross-talks, Office of Diversity, November 14.
2012
“Enduring Violence: Ladina Women’s Lives in Guatemala” Latin American Studies cluster,
Institute for Humanities Resarch, September 21st.
2010
“Living in Legal Limbo in Phoenix, AZ.” School of Geographical Sciences and Urban Planning,
ASU, September 24th.
2009
“Methodological Issues in Qualitative Research: Lessons from Research on Central American
Immigrants in the United States,” Southwest Interdisciplinary Research Center (SIRC), March
25th.
2007
“The Impact of Immigration Law on Immigrant Families: Reconfiguration or Breakdown?”
Sociological Sciences Speaker Series, School of Social and Family Dynamics, ASU, March 1st.
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2006
“Legal Status and the Lives of Central American Immigrants.” Voces Convergentes: Literatura, linguística y
cultura. 11th Spanish Graduate Student Symposium, Arizona State University, April 13th—15th.
2006
“Social Networks, Migration, and Immigrant Incorporation.” Mathematics and Cognition Seminar, Arizona
State University, March 7th.
1999
“Central American Immigrants in the United States.” First Conference on Central American
Literatures and Culture, Arizona State University, April 8-10.
1999
“The Social Networks of Salvadoran Women and Men in San Francisco.” Women Studies
Program colloquium, Arizona State University, January 29th.
Courses Taught
UCLA:
Sociology 236B Immigrant Incorporation/Assimilation (graduate)
Sociology 152 Immigrant Incorporation/Assimilation (undergraduate)
Sociology 191V Immigration and Media (undergraduate seminar)
University of Kansas:
Sociology of Immigration (undergraduate and graduate)
Arizona State University:
Sociology/School of Social and Family Dynamics:
Graduate: Seminar in qualitative methods; immigration
Undergraduate: research methods; immigration.
Graduate/undergraduate course: Gender Violence
School of Justice and Social Inquiry:
Graduate: Research Methods; Immigration and Justice; Migration, Immigration and Justice;
Refugee Migrations and Justice.
Undergraduate: Research Methods; Gender and International Development; Immigration and Justice.
Department of Sociology, University of California, Davis: 1989-1990 Instructor; 1/87-6/89 Teaching
Assistant. Department of Sociology, University of Southern California: 9/81-5/82 Teaching Assistant.
Mentoring and Student Committees
Book workshops
2021
Blair Sackett and Annette Lareau, University of Pennsylvania, June 2021
2021
Asad Asad, Humanities Center, Stanford University, May 2021
2020
katrina quisumbing king, Provost’s Postdoctoral Scholar, USC, January 2020
2019
Paige Sweet, Inequality in America Initiative, Harvard University, October 25th
2019
Leisy Abrego, Center for the Study of Women, UCLA, May 17th
2018
Ming Chen, University of Colorado, Boulder Law School, December 6
2017
Angela Garcia, School of Social Service Administration, University of Chicago, Sept 28-29
2017
Maria Rendón, UC Irvine (held at UC Berkeley), June 21
2016
Jennifer Jones, Institute for Latino Studies, University of Notre Dame, Sept. 7-8.
2013
Leisy Abrego, Penny Kanner Next Generation Fellowship, Center for the Study of Women, UCLA, April 5
Post-doctoral
Amada Armenta, Department of Sociology, University of Pennsylvania. Post-doctoral Fellowship, Ford Foundation
Diversity Fellowship (declined); The Woodrow Wilson National Fellowship, 2016-2017 (Mentor)
Leisy J. Abrego, Chicano Studies Department, UCLA. Ford Foundation Diversity Post-doctoral Fellowship,
2012-2013 (Mentor)
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Silvia Dominguez, Sociology, Northeastern University. Ford Foundation Diversity Post-doctoral
Fellowship, 2009-2010 (Mentor)
Carolina Valdivia Ordorica, School of Education, Harvard University, UC President’s Post-doctoral Fellowship, 2020-
2021 (Mentor)
Sandra D. Simpkins, School of Social and Family Dynamics, Arizona State University. W.T. Grant Foundation
Fellowship, 2007-2012 (Mentor/qualitative methods advisor)
PhDs in Progress (Committee Chair/Co-Chair)
Estefanía Castañeda Pérez, (Co-Chair) Department of Political Science, UCLA
Catherine Crooke, Department of Sociology, UCLA
PhDs in Progress (Committee Member)
Adrian Bacong, Fielding School of Public Health, UCLA
Caitlyn Carr, Department of Anthropology, University of South Florida
Oscar Rubén Cornejo Casares, Department of Sociology, Northwestern University
Rose Ann Gutierrez, School of Education, UCLA
Leydy Diossa-Jimenez, Department of Sociology, UCLA
Harleen Kaur, Department of Sociology, UCLA
Lucia León, Department of Chicana/o Studies, UCLA
Claire Niehaus, Clinical Psychology Doctoral Program, George Mason University
Karime Parodi Ambel, Department of Anthropology, UCLA
Anthony James Williams, Department of Sociology, UCLA
Yue Yang, Department of Sociology, UCLA
PhDs Completed (Chair)
Jennifer Arney
Sociology, School of Social and Family Dynamics (Spring 2010), ASU
Dissertation: “Prescription Drug Advertising and the Biomedical Construction of Affective Disorder:
Effects for Consumers, Physicians, and Society.”
*Associate Professor, University of Houston, Clear Lake
Lilian Chavez
Sociology, School of Social and Family Dynamics (Spring 2016), ASU
Dissertation: “The Migration Process for Unaccompanied Immigrant Minors: Children and Adolescents
Migrating from Mexico and Central America to the United States.”
*Assistant Professor, Mesa Community College
Luis Fernandez
School of Justice and Social Inquiry (Spring 2005), ASU
Dissertation: “Policing Protest Spaces: Social Control in the Anti-Globalization Movement.”
*Professor, Northern Arizona University (formerly, Grinnell College)
Haruna Fukui
Sociology, School of Social and Family Dynamics (Fall 2014), ASU
“Social Networks of Older Immigrants in Phoenix, Arizona.”
*Assistant Professor, Okayama University, Japan
Andrea Gómez Cervantes Sociology, University of Kansas (Spring 2019)
“Inflexible Illegality: Immigration and Integration Processes of Indigenous and Non-Indigenous Latina/o
Immigrants in the Midwest.”
*UC President’s Post-doctoral fellow &Assistant Professor, Department of Sociology, Wake Forest
University
Belinda Herrera
School of Justice and Social Inquiry (Spring 2009) (co-chair), ASU
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Dissertation: “Living on the Edge of the Law: Undocumented 1.5 Mexican Immigrants and their
Expressions of Citizenship.”
Sang Kil
School of Justice and Social Inquiry (Fall 2006), ASU
Dissertation: “Covering the Border: How the News Media Create Race, Crime Nation, & the USA-Mexico
Divide.”
*Associate Professor, San Jose State University
Zeynep Kilic
Sociology, School of Social and Family Dynamics (Fall 2006), ASU
Dissertation: “Reluctant Citizens: Belonging and Immigrant Identification in the Era of Transnationalism.”
*Associate Professor, University of Alaska
Carole McKenna
School of Justice and Social Inquiry (Fall 2008), ASU
Dissertation: “Militarism: Micro-Macro Power Arrangements between Wives, Soldiers, and the Military-
Industrial-Service-Complex.”
*Instructor, Ferris State University
Dulce Medina
School of Social Transformation, Program in Justice Studies (Spring 2016) ASU
Dissertation: “Immigrant Incorporation in the U.S. and Mexico: Well-being, Community Reception, and
National Identity in Contexts of Reception and Return.”
*Research Analyst, California Pension System
Carlos Posadas
School of Justice and Social Inquiry (Spring 2007), ASU
Dissertation: “Women’s Translocal Networks and How they Organize Resettlement by Looking at
Specific Spheres of their Lives.”
*Associate Professor (and former Chair), New Mexico State University
Olivia Salcido
School of Justice and Social Inquiry (Spring 2011), ASU
Dissertation: “Wolves” or “Blessing”: Victims’/Survivors’ Perspectives on the Criminal Justice System.
*Tempe Preparatory Academy faculty
Tyler Wall
School of Justice and Social Inquiry (Spring 2009) (co-chair), ASU
Dissertation: “War-Nation: Military and Moral Geographies of the Hoosier Homefront.”
*Associate Professor, University of Tennessee (formerly, Eastern Kentucky University)
PhDs Completed (Committee Member)
Melinda Alexander
School of Geographical Sciences, (Fall 2014), ASU
Dissertation: “Belonging With the Lost Boys: The Mobilization of Audiences and Volunteers at a
Refugee Community Center in Phoenix, Arizona.”
Randall Amster
School of Justice Studies (Spring 2002), ASU
Dissertation: “Patterns of Exclusion, Forces of Resistance: Urban Sidewalks, National Forests, and the
Contested Realms of Public Space.”
Cynthia Bejarano
School of Justice Studies (Summer 2001), ASU
Dissertation: “A Mosaic of Latino Cultures: Young Lives at the Crossroads of Sameness and Difference.”
Naomi Bellot
School of Justice and Social Inquiry (Spring 2009), ASU
Dissertation: “Gender Vulnerabilities in the Caribbean: A Focus upon Indigenous Kalinago (Carib)
Women in Bataka, Dominica.”
Diya Bose
Department of Sociology (Summer 2020), UCLA
(3 articles dissertation)
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Neslihan Cevik
Sociology, School of Social and Family Dynamics (Summer 2010), ASU
Dissertation: “Religious Revival in Modern Turkey: Muslim, New Muslim Entrepreneurs, and Sites of Hybridity.”
Chantal Figueroa
Organizational Leadership, Policy, & Development (Summer 2014) U. of Minnesota
“State of Terror, States of Mind: Gender, Mental Health and Systems of Care in Guatemala City.”
Chiara Galli
Department of Sociology (Spring 2020), UCLA
“Refugee Children or Immigrant Teenagers?: The Precarious Rights and Belonging of Central American
Unaccompanied Minors in the United States.”
Everardo Garduño
Dept. of Anthropology (Fall 2005), ASU
“From Invented to Imagined and Invisible Communities: Mobility, Social Networks and Ethnicity among
the Yumans of Baja California.”
Gail Gibbons
School of Social Work (Fall 2006), ASU
Dissertation: “Twenty-five Years Later: A Comparative Study of the Socioeconomic Integration of
Vietnamese Refugees in Arizona.”
Anneliese M Harper
School of Human Communication (Spring 1996), ASU
Dissertation: “The Impact of Immigration on Rural Guatemalan Women Ways of Speaking (Gossip)”
Khaleel Husssaini
Sociology, School of Social and Family Dynamics (Spring 2008), ASU
“Immigrant Adaptation Among Mexican Students in the Southwest: Understanding Differences Among
Fifth Graders’ Consumption Norms of Alcohol, Cigarettes, and Marijuana.”
Atsuko Kawakami
Sociology, School of Social and Family Dynamics (Spring 2012), ASU
“Aging and Identity Among Japanese Immigrant Women.”
Heather Kuhn
School of Public Health (Spring 2005) (External Reader) Harvard University
Dissertation: “Health Profile of Farm workers and Interface of Workers with Healthcare in Imperial
County, California: A Qualitative Analysis.”
Mirian Martinez-Aranda, Department of Sociology (Summer 2021), UCLA
(3 paper dissertation)
Brenda Ohta
Sociology, School of Social and Family Dynamics (Spring 2008), ASU
Dissertation: “Determinants of Care for Medicare Recipients at the End of Life: Utilization and Decision
Making in the Acute Care Hospital.”
John Rosinbum
Department of History, ASU (Spring 2014), ASU
“A Crisis Transformed: Refugees, Activists and Government Officials in the United States and Canada
during the Central American Refugee Crisis.”
Florencia Rojo, Department of Sociology and Behavioral Sciences, UCSF (Spring 2019)
““You wanted norte:” Central American Families and the Ongoing Trauma of Migration, Separation, and
Deportation.”
Aundrea Janaé Snitker Women & Gender Studies (Spring 2016) ASU
Dissertation: “Constructing Masculinities and the Role of Stay-at-Home Fathers: Discussions of Isolation,
Resistance and the Division of Household Labor.”
Emily Skop
Department of Geography (Spring 2002), ASU
Dissertation: “The Saffron Suburbs: Asian Indian Immigrants Community Formation in Metropolitan Phoenix.”
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Meredith Van Natta, Department of Sociology & Behavioral Sciences, UCSF (Spring, 2019)
“Balancing Risks: Health, Citizenship, and Biopolitical Exclusion in the U.S.”
Andrea Vest
Family and Human Development, Sanford School (Fall 2014), ASU
Dissertation: “Latino Adolescents’ Organized Activities: Understanding the Role of Ethnicity and Culture
in Shaping Participation.”
Paloma Elizabeth Villegas Dept. of Sociology and Equity Studies (Summer 2012) University of Toronto
Dissertation: “Assembling and (re)marking migrant illegalization: Mexican migrants with precarious
status in Canada.”
Arely Zimmerman
Department of Political Science, (Spring 2010) UCLA
Dissertation: “Contesting Citizenship: Identity, Rights, and Participation across Borders, Central
Americans in Los Angeles.”
Doctoral Qualifying Examinations/Defenses only (All at ASU, unless otherwise indicated)
Eugenio Arene
Educational Policy Analysis, School of Education
Jennifer Chappell Eckert, School of Social Welfare, University of Kansas (qualifying exam committee)
Neel Bhattacharjee
Dept. of Geography
Terna Gbasha
School of Justice and Social Inquiry
Estye Fenton
Department of Sociology and Anthropology (Northeastern University)
Mei Lei
School of Public Affairs
Chara Price
Family and Human Development, Sanford School, ASU
Elizabeth (Lisa) Reber School of Social Transformation, ASU
M.A. Theses in Progress:
M.A. Theses & Capstone Papers Completed (Chair)
Cameron Brandt
Latin American Studies Program, UCLA (Spring 2020)
Capstone: “Media Framing and SB1070: Racialization, Illegalization and Impact on Health Outcomes”
Nathan Cheong
Latin American Studies Program, UCLA (Spring 2020)
Capstone: “Blood, Sweat and Tears: The U-Visa Application Process and Acquisition and its Effects on Immigrant
Wellbeing and Citizenship in the United States.”
Catherine Crooke
Department of Sociology, UCLA (Spring 2021) (Co-chair)
“U.S. Asylum Lawyering and Temporal Violence.”
Aurelia de La Rosa Aceves
Sociology, School of Social and Family Dynamics (Spring 2011), ASU
“Phoenix’s Place for the Homeless: Stories from the Maricopa County Human Services Campus.”
Cherie Espinoza
School of Justice Studies ASU (Fall 2000)
Thesis: “Education for Extinction: Protecting Our Roots from Arizona English-Only Initiative.”
Luiza Kinzerska-Martinez Latin American Studies Program, UCLA (Spring 2020)
Thesis: “#Ni Una Menos: Central American Policy Approaches to Gender-Based Violence in the Twenty-
First Century.”
Paola Lopez
Latin American Studies Program, UCLA (Spring 2020)
Capstone: “U.S. Asylum Procedure: Asylum Seekers Trapped in Violence Generated by the State.”
Dulce Medina
Sociology, School of Social and Family Dynamics ASU (Summer 2011)
Thesis: “Return Migration: Modes of Incorporation for Mixed Nativity Households in Mexico”
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Rigoberto Quintana
Latin American Studies Program, UCLA (Spring 2020)
Thesis “Points of Contact: Agents of Aid and Social Reproduction at a Migrant Shelter in Tijuana.”
Emily Sawyer
Sociology, School of Social and Family Dynamics, ASU (Spring 2009)
Thesis: “The Adoption of Biomedicine into Quechua Cosmology of Health and Illness: Treatment-
Seeking Behavior in an Indigenous Ecuadorian Community.” (Co-Chair)
Cecilia Martinez-Vasquez School of Justice Studies ASU (Summer 2005)
Thesis: “Identity Formation Among Salvadoran Youth of the 1.5 and Second Generation.”
M.A. Theses/Papers & Capstone Competed (Committee Member)
John Abiel Benítez
Department of Geography (Summer 2002), ASU
Thesis: “The Hispanic Protestant Landscape in Mesa, AZ.”
Melissa Carpenter
Dept. of English/ Comparative Literature (Spring 2001), ASU
Thesis: “También somos madres: Militancy and Maternity in Latin American Testimonios.”
Mario Escobar
Department of Spanish (Fall 2011), ASU
“Globalización, violencia y solidaridad: prácticas discursivas eurocentroamericanas y chicanas.”
Miriam Hilin
Department of Sociology (Spring 2005), ASU
“Immigration Law and the Family Stability of Mexican Undocumented Immigrants.”
Summer Lopez Colorado
Department of Sociology, UCLA (Fall 2020)
“Spinning the Revolving Door: Advancing a Legal Violence Framework to Investigate Predatory Policing
Practices in the Sex Trade.”
Juan Esteban Mejía Aguilar Estudios de Población, Colegio de la Frontera Norte, México (Summer 2014)
“Migrantes Desaparecidos: Una Búsqueda Interminable.”
Robert Miller
School of Architecture (Spring1998), ASU
Final Project: “Redesigning the INS Building to Accommodate the Social and Cultural Diversity of Immigrants.”
Paul Ara Nersessian
Department of Religious Studies (Summer 2002), ASU
Thesis: “Borderlands Scholarship.”
Reena Patel
Global Technology and Development (ASU East) (Summer 2003), ASU
Thesis: “The Re-Enforcement of Traditional Gender Roles in the Technology Sector: A Case Study of
Female Engineers in India.”
Chara Price
Family and Human Development, Social and Family Dynamics (Fall 2012), ASU
“Sibling Behaviors and Mexican Origin Adolescents’ After-School Activity Participation.”
Emily Skop
Dept. of Geography (Summer 1997), ASU
Thesis: “Segmented Paths: The Geographic and Social Mobility of Mariel Cuban Exiles.”
Kathleen Tonnies
Curriculum & Instruction, School of Education, (Fall 2016) University of Kansas
“From Passion to Practice: Developing a Culturally Relevant Training Program for Volunteers of Adult Refugee
English Language Learners.”
Honors Theses in Progress (Chair)
Federico Trudu, Department of Sociology/Minor in Migration Studies, (Spring 2021) UCLA
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Honors Theses Completed (Chair)
Michelle Brady
School of Justice Studies (Fall 2000), ASU
Thesis: “The Stalker: A Creative Project.”
Chrisanne Gultz
School of Politics and Global Studies (Spring 2014), ASU
“The Media Construction of Undocumented Immigration as a National Crisis”
Sean McKenzie
Departments of Political Science & Spanish (Spring 2008), ASU
“Formation of Perceptions of Migration Among Wives and Mothers Left Behind in Rural Honduras.”
Daniella Rodriguez, Migration Studies minor, (Winter 2020), UCLA
“Social Imaginaries of Migration: How Images of Life Course Inform Adult Undocumented Latino
Immigrants’ Desires to Stay or Return.”
Edna Sandoval Avila
Latin American Studies, UCLA (McNair Scholar) (Spring 2020)
“Guatemala Mujeres en Resistencia: Racialized Struggle in the Aftermath of War.”
Magdalena Valenzuela School of Justice Studies (Spring 2000), ASU
“A System Flawed: The Death Penalty in the United States.”
Honors Theses Completed (Committee Member)
Anna Fairbanks Bethancourt
Department of English (Spring 2011), ASU
“Consolidating Migrant Identity in Arizona: Newcomers and a State’s Need for Social Empathy.”
Loredana Cuatro Nochez School of Languages and Linguistics, *Griffith University, Australia (Summer 2007)
Thesis: “Salvadorian migrant: A case study to investigate their schooling experience, cultural identity and
their language maintenance in (Queensland) Australia.”
Falynn Glickstein
School of Justice Studies (Spring 2004), ASU
Honor’s thesis: “Killings of the Women in Juarez.”
Brenna Gromley
Department of History (Spring 2008), ASU
“Battling Neighbors: The United States Response to Honduran-El Salvador “Soccer War.”
Lauren Kerchenko
Department of History (Fall 2000), ASU
Thesis: “From the Ukraine to the US: Immigrant Women and Assimilation.”
Haley McInnis
Sociology (Spring 2013), ASU
“The Role of Religious Organizations in Progressive Social Movements: Local Churches and Their
Response to Senate Bill 1070.”
Michelle Speck
Dept. of Anthropology (Spring 2001), ASU
Thesis: “Mexican Immigrant Women.”
Other Undergraduate Mentoring
At UCLA
Dalesy Casasola
Pre-Doctoral Scholars Summer Program, California State University, Los Angeles, 2019
Isabel García
Department of Sociology, UCLA
At the University of Kansas
Giselle Almodovar
Emerging Scholars Faculty Mentor, Center for Undergraduate Research, 2016-2018
Faculty Mentor Program, College of Liberals Arts and Science, Fall 2016
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At Arizona State University
Lea Fordyce
B.A. Obama Scholar Mentorship Program, 2013-2014
William McDonald
B.S. Research Apprenticeship, School of Politics & Global Studies, 2013
Mauro Whiteman
B.S.
Research Fellow, Center for the Study of Religion and Conflict, Fall 2012
Christy Garcia
B.S.
Research Apprenticeship, School of Social and Family Dynamics, Fall 2007
Vanessa Tucker
B.S.
Research Apprenticeship, School of Social and Family Dynamics, Fall 2007
Joshua Whistler
B.S. Research Fellow, Center for the Study of Religion and Conflict, 2004-05
Olivia Reyes
B.S.
Research Fellow, Center for the Study of Religion and Conflict, 2004-05
Sonia Anaya
B.S. Research Apprenticeship, School of Justice Studies, Fall 2003
Malea Chavez
B.S.
Research Apprenticeship, School of Justice Studies, Fall 1998
Panels, Boards, Consulting, and Related
--Advisory Board Member, Consortium on Gender-Based Violence, University of Arizona, 2018-
--Advisory Board, Migrant Children & Youth Project, Deborah Boehm and Susan Terrio (leads), 2017
--Advisory planning board, “Developing a 21st Century US Immigration Agenda,” CMS, New York, 2016
--Advisory council member, Immigrant Integration: Assessing and Improving the Collective Response of
the Catholic Church in the United States Panel, Center for Migration Studies, New York, 2014-
--Institute for Women’s Policy Research, Washington, D.C. “Women Immigrants in the New
Destinations: Religion’s Role in Facilitating Incorporation and Improving Well-Being,” 1/2009-2011.
--United Nations Development Program (UNDP). San Salvador, El Salvador. Contributor to Report,
12/04-04/05.
--Annie E. Casey Foundation. Participant, Consultative Session on Transnational Families, September 23rd, 2002
--Center for the Common Good, Vesper Society, Oakland, CA. Research Consultant, Immigration Project,
4/932/94
--University Eduardo Mondlane, Maputo, Mozambique, Facultade de Letras, Advisor/Consultant, 1993 (Summer)
--Joint Committee on International Migration, Refugee Resettlement, and International Cooperative
Development, Sacramento, CA. Research Coordinator, 9/89-1/91
--Evaluation, Training and Management Co., Sacramento, CA. Consultant, Project: Rehabilitation
programs in low-income communities, 1/90-12/90.
--Casa de la Cultura, Ministry of Culture, Managua, Nicaragua Assistant Coordinator, 5/85-9/85.
--LULAC, Los Angeles, Program Development Assistant, 9/83-9/84.
Professional Service (*denotes elected)
American Sociological Association
2020-2021 President-elect;* 2021-2022 President; 2022-2023 Past-President
2017-2018 Chair Elect,* 2018-2019 Chair, 2019-2020 Past Chair, International Migration Section
2016-2017; 2018-2020 Member, Committee on the Status of Women
2016-2017 Member, Committee on Nominations, Family Section
2016-2017 Chair, Founders’ Award Committee, Latino/a Section
2015-2016 Chair, Public Sociology Award Committee, International Migration Section
2014-2015 Member, William J. Goode Book Award Committee, Family Section
2013-2014 Member, Lewis A. Coser Award Committee, Theory Section
2013-2014 Founders Award Selection Committee, Latino/a Section
2013-2014 Vice-President elect*; 2014-2015Vice-President; 2015-2016Past Vice-President;
Program Committee 2015 Meetings
2012-2013 Chair, Article Award Committee, International Migration Section
2010-2013 Member-at-large,* ASA Council.
Fund for the Advancement of the Discipline sub-committee
Minority Fellowship Program Advisory Board (Council Liaison)
2010-2011 Chair, Awards Committees and Chair, Career Award Committee, Latino/a Section
2010 Member, NSF/ASA Postdoctoral Fellowship Review Committee (also in 2012)
2009-2010 Member, Committee on Nominations, Family Section
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2007-2008 Member, Awards Committee, Latino/a Section
2007-2009 Member,* ASA Committee on Nominations
2006-2008 Member, Program committee for the Annual Meetings (& author-meets-critics books selection).
2004-2005 Chair-elect; * 2005-2006 Chair; 2006-2007 past Chair, Latina/o Section.
2003-2004, 2004-2005 Member, Thomas and Znaniecki Award Committee, International Migration Section.
2003-2006 Council Member,* International Migration Section.
2002-2004 Member, Program committee for the Annual Meetings.
Latin American Studies Association
2017
International Migration Section Article Award Committee member
2009-2010 Diskin Distinguished Lecture and Diskin Dissertation Award Selection Committee member.
2009-2010 Co-chair, Migration and Latin American Diasporas Track, for 2010 meetings, Toronto, Canada
2007-2009 Co-chair, Cross-border Studies and Migration Track, for 2009 meetings, Rio de Janeiro, Brazil.
2004-2006 Council member,* Section on Gender.
2002-2003 Co-chair,* Central American Section.
2000-2002 Council member,* Central American Section.
Pacific Sociological Association
2012-2013 Member, Distinguished Scholarship Award committee
2004-2007 Member,* Committee on Committees, Southern Region.
Society for the Study of Social Problems
2004-2005 Chair, Committee on Committees (one year replacement).
2004
Member, Program Committee for the Annual Meeting.
2002-2005 Member,* Committee on Committees.
2001-2002 Chair, Minority Fellowship Selection Committee.
2001
Site visit for Social Problems Editorial Office, Summer.
2000-2001 Chair-elect and Member. Minority Fellowship Selection Committee.
1998-1999 Member, Lee Founders Award Committee.
Sociologists for Women in Society
Member, Mainstream Team (media contact) 2009-
Editorial/Advisory Boards (Journals)
American Behavioral Scientist, 9/2009-
American Journal of Sociology, Consulting editor, 9/2011-8/2013
American Sociological Review, 1/2009-12/2011; 1/2003-12/2005
Contexts, 1/2017-12/2019
Aztlán: A Journal of Chicano Studies, 1/2018-12/2020
Gender & Society, 1/2013-1/2015; 1/2003-1/2005
International Migration Review, 2021-2023; 2018-2021
Journal of Developing Societies, Associate editor, 2002- 2005
Journal of Developing Societies, Book Review Editor, 1995-2000
Journal of Latin American Studies, International advisory board member, 1/2014-
Journal of Marriage and Family, 2021
Latino Studies, 1/2001-
Law & Social Inquiry, 2021-2023
Migraciones Internacionales, 2001-2010
Perspectives on Global Development and Technology, 2001-2003
Population Research and Policy Review, 9/2015-
RSF: The Russell Sage Foundation Journal of the Social Sciences, 3/2019-2/2022
Sociological Science (Consulting editor), 6/2017-
The Sociological Quarterly, 2008-2014
Sociology of Race and Ethnicity, 1/2017-12/2019
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Studies in Social Justice, 1/2006-
TRACE (Travaux et Recherches dans les Amériques du Centre), CEMCA 9/2012-
Editorial Boards (Encyclopedias, Series, and Volumes)
Women on the Move: Past and Present Perspectives Series, Manchester University Press, 2021-
Social Mechanisms Series, Oxford University Press, 2021-
Global Migration and Social Change Series, Policy Press (University of Bristol), 2016-
Latina/o Sociology Series, New York University Press, 2013-
Latinos in the United States: Studies in Diversity and Change Series, Lynne Rienner Publishers, 2004-
School of Advanced Research Press (Santa Fe, NM), 2007-2010
Immigration and Crime: Ethnicity, Race, and Violence, edited by Ramiro Martinez, Jr., and Abel
Valenzuela. New York University Press (2005).
Latinas in the United States: An Historical Encyclopedia. Vicki L. Ruiz and Virginia Sánchez-Korrol,
editors. Indiana University Press (2005).
Other professional service (selected)
2017 Organizing committee member, “Country Conditions in Central America and Asylum Decision-
Making” Workshop, College of Law & Center for Latin American & Latino Studies, American
University, Washington DC January 12
2006-2012 Expert/member, Working Group on Global Childhood and Migration
2006
Faculty participant, Fourth Annual Summer Institute on International Migration, Center for
Comparative Immigration Studies, University of California, San Diego, June 19-23.
2002
“Hispanic Gendering of the Americas: Beyond Cultural and Geographical Boundaries.” National
Endowment for the Arts Summer Institute for College and University Teachers, Arizona State
University, June 17-July 19. (Institute faculty member.)
1998 Co-Chair. Immigration and Human Rights Working Group, Inter-University Program for Latino
Research. (IUPLR, based at the University of Texas, Austin.)
1997 Mentor. Southwest Institute for Research on Women. Summer Institute on Global Processes, Local
Lives: Comparative Approaches to Women’s and Area Studies. University of Arizona. 6/8-15.
Grant Reviews: Center for Engaged Scholarship (2017), European Research Council (2020), NSF Law
and Society Program (2005, 2007, 2008, 2013); NSF Social and Behavioral Sciences Program (1996,
2005, 2006, 2007, 2018); NSF Sociology Program (2012, 2013, 2016, 2017, 2018, 2 in 2019), Social
Sciences and Humanities Research Council of Canada (2002, 2004, 2007, 2016); Foundation for Child
Development, New York (1997); Louisiana Board of Regents’ Research Competitiveness Subprogram
(2006); Israel Science Foundation (2007, 2010, 2016); Austrian Science Fund (2010, 2012), National
Humanities Center (2011), Russell Sage Foundation (2013, 2016, 2019), Sam Houston State University
Office of Sponsored Projects (2013).
Manuscript referee for book publishers: The University of Arizona Press, The University of California
Press, Cambridge University Press, Columbia University Press, The University Press of Florida, The
Johns Hopkins University Press, School of American Research Press, New York University Press,
University of North Carolina Press, University of Notre Dame Latino Studies Institute, Oxford University
Press, University of Pittsburg Press, Polity Press, Routledge, Rutgers University Press, Springer, Stanford
University Press, Temple University Press, University of Texas Press, Wadsworth Publishing
Tenure and promotion reviews: University of Alaska, Arizona State University, University of Arkansas, SUNY
Albany, SUNY Stony Brook, Amherst College, University of British Columbia, University of Birmingham,
Brigham Young University, Brown University, Columbia University, Bucknell University, UC Berkeley, UC
Irvine, UCLA, UC Santa Cruz, UC Davis, UC San Diego, Clemson University, Columbia University, Cornell
University, CUNY, Dartmouth College, Drexel University, Florida International University, Fordham University,
Grinnell College, Harvard University, University of Illinois Urbana-Champaign, University of Illinois-Chicago,
Indiana University, Iowa State University, Kansas State University, University of Massachusetts at Lowell,
University, University of Massachusetts-Boston, University of Massachusetts-Lowell, Michigan State University,
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North Carolina State University, Northeastern University, University of Oregon, Oregon State University,
University of Pennsylvania, Pitzer College, Pomona College, Princeton University, Providence College, Rice
University, St. Mary’s University (MD), Texas A&M, University of Texas at Austin, University of Toronto,
Tufts, University of San Francisco, University of South Florida, University of Southern California, University of
Utah, Wheaton College (MA), Virginia Tech, Whitman College, Wellesley College.
Program review: Global and Sociocultural Studies, Florida International University (Graduate Program),
(Spring 2013); Department of Sociology, Brown University (Spring 2018)
Service at UCLA
2021-2022, 2020-21, 2019-2020, Elected member, Executive Committee, Department of Sociology
2020- Chair, Advisory Board, Center for the Study of International Migration
2020 Search Committee for Director Center for the Study of Women
2020 Fellowship Reviewer, Graduate Division
2019-2021 Faculty Advisory Board Member, Chicano Studies Research Center
2019-2020 Faculty Advisory Board Member, Latin American Institute
2019- Faculty co-coordinator, Gender and Sexuality Working Group, Department of Sociology
2018-2019 Member, Undergraduate Committee, Department of Sociology
Service at the University of Kansas
2016-2017 Member, Personnel Committee, Department of Sociology
2016- Member, Search Committee for CLAS Associate Dean for Diversity, Equity & Inclusion
2016-Member, Advisory Board, Women, Gender, and Sexuality Studies
2015- Member, Executive Committee, Center for Latin American & Caribbean Studies
Service at Arizona State University
University
2014 Southwest Borderlands Initiative Selection Committee (member)
2013-2016 Member, University Graduate Council
2012-2014 Co-convener, working group on Immigration Theory, Institute for Humanities Research
2012-2014 Co-organizer, Working group on Latin American Studies, Institute for Humanities Research
2012-2014 Member, Executive Board, Faculty Women’s Association
2012-2014 Outstanding Doctoral Mentor Committee, Graduate College
2012-2013 Member, Executive Board, Comparative Border Studies Center, School of Transborder Studies
2011-2012 President, Chicano and Latino Faculty and Staff Association
2009
Member, Personnel Committee, Dept. of Transborder, Chicano/a, & Latino/a Studies (Fall)
2007-2010 Member, Campus Environment Team
2006-2008 Faculty Liaison, Chicano & Latino Faculty and Staff Association/Faculty Women’s Association.
2006
Member, Advisory Board, Center for Latin American Research (Fall)
2006
Faculty panel participant, Social Science Graduate Student Association, April 21st.
2006
Panel judge, Graduate Students in Life, Earth, and Social Sciences Association, Feb 17th.
2006
Member, Personnel Committee, Asian Pacific American Studies Program.
2003-2004 Mentor, Faculty Development Program
2004-2005 Member, Search Committee (for director) Center for Latin American Studies,
2003-2004 Member, Steering Committee, School of Global Studies
2003
Keynote speaker, Sociology Club kickoff celebration. Department of Sociology, Nov. 18th.
2003
Sabbatical Review, Social and Behavioral Sciences, Arizona State University West.
2003-2004 Member, Personnel Committee, Asian Pacific American Studies Program.
2001-2002 Member, Committee on the Status of Women.
2000- Member. Race and Ethnic Relations Doctoral Examination Committee, Department of Sociology.
1998-2001 Member, Executive Board, Committee on Law and the Social Sciences.
2000-2001 Member, Child and Family Services Advisory Board.
2000-2001 Member, Recruitment Committee. Asian Pacific American Studies Program. 2000, 2001, and 2002
Graduate College Representative in Dissertation Defenses: May 2002, September 2001, July 2000.
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1999
Participant (and fund raising), First Conference on Central American Literature and Culture, April.
1999 Participant, “A Campus Climate for Diversity Summit.” (Part of “Preparing for the University of
the Next Century.”) March 27th
1998-1999 Member, Search Committee, Department of Chicana/Chicano Studies.
1998-1999 Member, Search Committee, Department of Religious Studies.
1997-1999 Coordinator. Women in Latin America Working Group. Center for Latin American Studies.
1996-1997 Advisory Council, Center for Latin American Studies.
College of Letters, Arts and Sciences
2013-2014 Member, Committee on Committees (elected)
2012 (Spring semester) Search Committee member (for Social Science Dean)
2010-2011 Member, Dean’s Advisory Council
College of Public Programs
2001-2002 College of Public Programs Internal Grants Committee.
School of Social and Family Dynamics (2005-present)
2012- Associate Director
2007-2009; 2010-2012 Director, Graduate Studies (Sociology)
2006-2007 Graduate Committee (member).
School of Justice Studies (1996-2005)
Chair: Personnel Committee; Computer and Colloquium Committee
Member (multiple years): Policy Work Group, Graduate Committee, Personnel Committee, John P. Frank
Lecture Committee, Graduate Committee, Computer Committee, Recruitment Committee
Community Engagement and Public Presentations
2014
“Conversación sobre migración.” Centro Laboral, South Omaha, November 10th.
2014
Panel “Global Violence and Social Justice: A Conversation”, Tucson Festival of Books, March 15th.
2012 “The Effects of Migration on Those Who Stay in the Countries of Origin.” Foundation for Inter-Cultural
Dialogue, Tempe, AZ, December 5.
2008, 2009 Committee member, II Feria de la Pupusa, Unidos en Arizona/Comité Salvadoreño, Nov.
2007
Presentation to Wilson Elementary School students, Faculty Ambassadors Program, Nov 16th.
2006
Academic participant, Religious Convening, Interfaith Worker Justice, Phoenix Dioceses, 3/26-3/27.
2002 Presentation, ASU Escribe, ASU Public History Program, Arizona Book Festival, April 6th.
2001
Lecture on immigration. Phoenix Civitan Club, Phoenix Arizona. June 7th.
2000 Organizer and Chair. Feria Informativa de Servicios Sociales (Social Services Informational Fair
for Latino immigrants in the area), ASU Downtown Center. July 15th.
2000
Immigrants and Laborers. Presentation to the City of Mesa, Arizona Neighborhood Committee. May 25th.
8/90-12/93 Northern California Legal Services, Sacramento, CA. Legal Assistance and Refugee Project,
Assistant/Translator (Volunteer)
5/91- 8/92 Dixon Family Planning Services, Dixon, CA (Research Consultant)
--Country conditions expert witness (all pro bono) in asylum cases of Central American immigrant immigrants
throughout the country, with a focus on detention cases in Artesia, Dilly, and Karnes, Texas.
--Multiple local, regional, national and international media interviews (in English and Spanish).
Memberships
American Sociological Association
Latin American Studies Association
Sociologists for Women in Society
Eastern Sociological Society
Pacific Sociological Association
Citizenship and Immigration Network, Law and Society Association
Red Internacional de Migración y Desarrollo
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Association for the Sociology of Religion
Languages
Fluent in Spanish and Portuguese.
Fair knowledge of French and Italian.
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Exhibit B
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Fiscal
Year
Big Bend
(formerly Marfa)
Del Rio
El Centro
El Paso
Laredo
Rio Grande
Valley
(formerly McAllen)
San Diego
Tucson
Yuma
Southwest Border
Total
2018
8,045
15,833
29,230
31,561
32,641
162,262
38,591
52,172
26,244
396,579
2017
6,002
13,476
18,633
25,193
25,460
137,562
26,086
38,657
12,847
303,916
2016
6,366
23,078
19,448
25,634
36,562
186,830
31,891
64,891
14,170
408,870
2015
5,031
19,013
12,820
14,495
35,888
147,257
26,290
63,397
7,142
331,333
2014
4,096
24,255
14,511
12,339
44,049
256,393
29,911
87,915
5,902
479,371
2013
3,684
23,510
16,306
11,154
50,749
154,453
27,496
120,939
6,106
414,397
2012
3,964
21,720
23,916
9,678
44,872
97,762
28,461
120,000
6,500
356,873
2011
4,036
16,144
30,191
10,345
36,053
59,243
42,447
123,285
5,833
327,577
2010
5,288
14,694
32,562
12,251
35,287
59,766
68,565
212,202
7,116
447,731
2009
6,360
17,082
33,521
14,999
40,569
60,989
118,721
241,673
6,951
540,865
2008
5,391
20,761
40,961
30,312
43,658
75,473
162,390
317,696
8,363
705,005
2007
5,536
22,920
55,883
75,464
56,714
73,430
152,460
378,239
37,992
858,638
2006
7,520
42,636
61,465
122,256
74,840
110,528
142,104
392,074
118,549
1,071,972
2005
10,536
68,506
55,722
122,679
75,346
134,186
126,904
439,079
138,438
1,171,396
2004
10,530
53,794
74,467
104,399
74,706
92,947
138,608
491,771
98,060
1,139,282
2003
10,319
50,145
92,099
88,816
70,521
77,749
111,515
347,263
56,638
905,065
2002
11,392
66,985
108,273
94,154
82,095
89,927
100,681
333,648
42,654
929,809
2001
12,087
104,875
172,852
112,857
87,068
107,844
110,075
449,675
78,385
1,235,718
2000
13,689
157,178
238,126
115,696
108,973
133,243
151,681
616,346
108,747
1,643,679
1999
14,952
156,653
225,279
110,857
114,004
169,151
182,267
470,449
93,388
1,537,000
1998
14,509
131,058
226,695
125,035
103,433
204,257
248,092
387,406
76,195
1,516,680
1997
12,692
113,280
146,210
124,376
141,893
243,793
283,889
272,397
30,177
1,368,707
1996
13,214
121,137
66,873
145,929
131,841
210,553
483,815
305,348
28,310
1,507,020
1995
11,552
76,490
37,317
110,971
93,305
169,101
524,231
227,529
20,894
1,271,390
1994
13,494
50,036
27,654
79,688
73,142
124,251
450,152
139,473
21,211
979,101
1993
15,486
42,289
30,058
285,781
82,348
109,048
531,689
92,639
23,548
1,212,886
1992
13,819
33,414
29,852
248,642
72,449
85,889
565,581
71,036
24,892
1,145,574
1991
8,764
38,554
30,450
211,775
72,293
87,319
540,347
59,728
28,646
1,077,876
1990
7,180
41,373
28,708
223,219
89,052
97,018
473,323
53,061
36,387
1,049,321
1989
5,560
46,786
27,524
168,105
75,292
79,650
366,757
51,445
31,387
852,506
1988
6,209
59,403
41,179
182,566
69,912
60,294
431,592
48,683
42,723
942,561
1987
9,586
64,934
55,291
231,994
74,139
71,038
500,327
47,481
67,277
1,122,067
1986
23,796
123,952
95,186
312,892
143,685
121,783
629,656
71,675
93,219
1,615,844
1985
23,667
99,280
71,519
240,350
114,931
82,826
427,772
55,269
67,737
1,183,351
1984
22,196
87,058
68,563
212,652
87,059
66,860
407,828
46,283
59,777
1,058,276
1983
20,829
83,733
71,897
205,944
65,279
57,706
429,121
35,870
63,595
1,033,974
1982
20,268
48,753
55,440
152,882
40,385
32,533
314,979
32,344
48,236
745,820
1981
17,584
50,455
59,774
146,872
36,910
32,809
326,836
33,085
45,483
749,808
1980
15,602
50,762
57,009
127,488
39,167
35,012
285,984
33,668
45,862
690,554
1979
20,116
50,262
55,532
149,722
50,666
41,915
337,930
37,075
52,580
795,798
1978
23,501
54,098
42,118
174,010
36,627
45,201
325,557
34,991
53,338
789,441
1977
22,239
42,322
38,421
145,059
27,289
38,704
337,195
33,295
48,669
733,193
1976
19,846
32,988
32,327
114,886
24,665
38,839
266,709
34,641
42,598
607,499
1975
20,472
32,008
27,217
99,000
26,199
31,300
185,499
39,941
50,628
512,264
1974
23,291
44,098
26,143
112,432
30,061
38,668
196,981
50,108
49,824
571,606
1973
22,378
42,232
23,125
82,386
23,854
37,092
128,889
44,824
36,286
441,066
1972
20,269
31,110
15,327
78,168
21,781
29,338
73,115
32,272
19,946
321,326
1971
22,026
25,780
14,292
57,796
17,665
28,281
59,375
23,548
15,228
263,991
1970
16,770
18,711
12,028
43,640
11,569
20,708
50,663
14,222
13,469
201,780
1969
11,973
12,991
9,195
31,159
8,129
14,076
33,311
8,301
8,833
137,968
1968
8,834
9,576
8,358
19,408
5,715
10,093
24,116
4,537
6,004
96,641
1967
7,049
7,906
6,974
13,656
4,178
9,029
17,844
3,068
4,269
73,973
1966
6,592
6,845
6,916
10,119
3,658
8,706
13,362
2,392
4,050
62,640
1965
3,973
4,292
5,344
6,355
2,310
8,057
6,558
1,480
1,651
40,020
1964
3,146
4,489
2,640
4,486
2,168
9,173
4,521
1,200
696
32,519
1963
2,026
4,417
1,690
3,813
1,753
9,992
3,768
1,466
719
29,644
1962
1,431
3,250
1,426
3,304
1,274
5,569
3,091
1,247
511
21,103
1961
954
3,458
1,878
3,540
1,172
6,713
2,279
1,178
573
21,745
1960
732
3,023
1,839
3,630
1,024
5,515
3,371
1,255
633
21,022
United States Border Patrol
Southwest Border Sectors
Total Illegal Alien Apprehensions By Fiscal Year (Oct. 1st through Sept. 30th)
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CERTIFICATE OF SERVICE
I hereby certify that on October 21, 2021, I electronically filed the foregoing
Joint Appendix with the Clerk of the Court for the United States Court of Appeals
for the District of Columbia Circuit by using the appellate CM/ECF system.
/s/ Joshua Waldman
Joshua Waldman
USCA Case #21-5200 Document #1919200 Filed: 10/21/2021 Page 365 of 365File and source
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