Immigration, Vaccines, and Religion (Oh My)
A confluence of three hot-topic issues, from a Dec. 3, 2024 Department of Homeland Security decision. Note that the claim here is a statutory religious exemption claim, not a constitutional claim under the Free Exercise Clause, though the statute is interpreted in light of the Supreme Court’s First Amendment jurisprudence about the kinds of lines courts shouldn’t try to draw when it comes to religious beliefs. Note also that this was decided at the end of the Biden Administration, so there’s little reason to think that it stems from the Trump Administration’s likely more vaccine-objector-friendly position.
Section 212(a)(1)(A)(ii) of the [Immigration and Nationality] Act makes a noncitizen inadmissible to the United States if they fail to present documentation of having received certain vaccinations. Section 212(g)(2) of the Act provides for a waiver of this ground of inadmissibility in certain circumstances, including when the requirement of a vaccination would be contrary to the noncitizen’s religious beliefs or moral convictions. USCIS [U.S. Citizenship and Immigration Services] guidance provides that a noncitizen who … seeks [such] a waiver … must demonstrate the following criteria for the waiver to be approved: (1) they are opposed to vaccinations in any form; (2) the objection is based on religious belief or moral convictions; and (3) the religious belief or moral conviction is sincere.
The Applicant, a 13-year-old minor in the physical custody of her father since March 2022, sought adjustment of status to that of a lawful permanent resident …. In support of her application, the Applicant submitted a … Report of Immigration Medical Examination and Vaccination Record, reflecting that
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