Canada defends pandemic policy on asylum-seekers while letting more enter through exemptions

By Anna Mehler Paperny

TORONTO (Reuters) – The Canadian government is trying to quash a legal challenge to its policy of turning back asylum-seekers entering the country between border crossings, saying the group bringing it lacks standing, even as it has granted a growing number of exemptions to the policy.

The parties were in court on Thursday arguing over who should be able to bring a case in the public interest.

Since March 2020, Canada has turned back at least 544 asylum-seekers trying to cross from the United States between ports of entry, government figures show.

The government says its policy is justified by the COVID-19 pandemic and the exemptions it has granted prove recourse is available.

Refugee lawyers said that these exemptions are inadequate, as at least one asylum-seeker was deported from the United States after receiving an exemption, and belie the policy’s justification.

“Refugee travel is not discretionary,” said Maureen Silcoff, a refugee lawyer and past president of the Canadian Association of Refugee Lawyers, which earlier this year challenged the policy.

The government argues that the association lacks legal standing and its challenge should be struck.

The association is neither the intended beneficiary nor the target of the rule and “has no real stake or genuine interest in the outcome of this litigation,” the government said in a court filing. It said asylum-seekers who have been turned back should bring the case.

Refugee lawyers said those asylum-seekers, some of whom end up in U.S. immigration detention, are poorly placed to challenge the policy.

Starting in July, Canada increased the number of National Interest Exemptions it issued to asylum-seekers who had been turned back, enabling them to enter Canada and file refugee claims.

Between March 2020 and July 2021, Canada had granted just eight such exemptions. By Oct. 14, that number had risen to 159 exemptions, according to documents filed in court.

Canada’s immigration ministry did not respond to questions about the criteria for these exemptions.

Canada has a Safe Third Country Agreement with the United States under which asylum-seekers who present at a land border crossing are turned back. It has been challenged twice but upheld most recently this spring.

(Reporting by Anna Mehler Paperny; Editing by Bill Berkrot)

Biden signs order imposing new international travel vaccine rules, lifting restrictions

By David Shepardson

WASHINGTON (Reuters) -U.S. President Joe Biden on Monday signed an order imposing new vaccine requirements for most foreign national air travelers and lifting severe travel restrictions on China, India and much of Europe effective Nov. 8, the White House said.

The extraordinary U.S. travel restrictions were first imposed in early 2020 to address the spread of COVID-19. The rules bar most non-U.S. citizens who within the last 14 days have been in the United Kingdom, the 26 Schengen countries in Europe without border controls, Ireland, China, India, South Africa, Iran and Brazil.

“It is in the interests of the United States to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the safe resumption of international air travel to the United States,” Biden’s proclamation says.

The White House confirmed that children under 18 are exempt from the new vaccine requirements as are people with some medical issues. Non-tourist travelers from about 50 countries with nationwide vaccination rates of less than 10% will also be eligible for exemption from the rules. Those receiving an exemption will generally need to be vaccinated if they intend to remain in the United States for more than 60 days.

The White House first disclosed on Sept. 20 it would remove restrictions in early November for fully vaccinated air travelers from 33 countries.

The Biden administration also detailed requirements airlines must follow to confirm foreign travelers have been vaccinated before boarding U.S.-bound flights.

One concern among U.S. officials and airlines is making sure foreign travelers are aware of the new vaccine rules that will take effect in just two weeks.

The U.S. Centers for Disease Control and Prevention (CDC) is issuing on Monday new contact tracing rules requiring airlines to collect information from international air passengers as needed “to follow up with travelers who have been exposed to COVID-19 variants or other pathogens.”

The CDC said this month it would accept any vaccine authorized for use by U.S. regulators or the World Health Organization and will accept mixed-dose coronavirus vaccines from travelers.

Foreign air travelers will need to provide vaccination documentation from an “official source” and airlines must confirm the last dose was at least two weeks earlier than the travel date.

International air travelers will need to provide proof of a negative COVID-19 test taken within 72 hours of departure. The White House said unvaccinated Americans and foreign nationals receiving exemptions will need to provide proof of a negative COVID-19 test within 24 hours of departing.

(Reporting by David Shepardson; Editing by Simon Cameron-Moore and Chizu Nomiyama)

Trump administration will allow states to test Medicaid work requirements

U.S. President Donald Trump attends the Women in Healthcare panel hosted by Seema Verma (R), Administrator of the Centers for Medicare and Medicaid Services, at the White House in Washington, U.S., March 22, 2017.

By Yasmeen Abutaleb

WASHINGTON (Reuters) – The Trump administration said on Thursday it would allow states to test requiring some Medicaid recipients to work or participate in community activities such as volunteering or jobs training as a condition of eligibility for the government health insurance program for the poor.

The Centers for Medicare and Medicaid Services issued guidance making it easier for states to design and propose test programs that implement such requirements. States must propose such changes through waivers and receive federal approval.

Seema Verma, the agency’s administrator, said the policy guidance came in response to requests from at least 10 states that have proposed requiring some Medicaid recipients to work or participate in activities that may include skills training, education, job search, volunteering or caregiving. Those states include Kentucky, Maine, New Hampshire, Arizona, Indiana and Utah.

Certain Medicaid populations would be exempt from the rules, including those with disabilities, the elderly, children and pregnant women. Verma also said states would have to make “reasonable modifications” for those battling opioid addiction and other substance use disorders.

“This gives us a pathway to start approving waivers,” Verma said on a call with reporters on Wednesday. “This is about helping those individuals rise out of poverty.”

Under the 2010 Affordable Care Act, former Democratic President Barack Obama’s signature domestic policy achievement commonly known as Obamacare, 31 states expanded Medicaid to those making up to 138 percent of the federal poverty level, adding millions of people to the rolls.

Republicans have repeatedly failed to repeal and replace Obamacare, a top campaign promise of President Donald Trump. Instead, the Trump administration has sought to weaken the program through executive orders and administrative rules.

The Obama administration opposed state efforts to implement work requirements in Medicaid because it could result in fewer people having access to health insurance.

For instance, Kentucky last year proposed work requirements for able-bodied adults to get insurance and establishing new fees for all members based on income. A study found the proposal would reduce the number of residents on Medicaid by nearly 86,000 within five years, saving more than $330 million.

Republicans argue that Medicaid was created to serve the most vulnerable and has become bloated under Obamacare. Verma and other Republicans said implementing work and community engagement requirements could help improve health outcomes by connecting people with jobs and training.

(Reporting by Yasmeen Abutaleb; Editing by Peter Cooney)