According to the Centers for Disease Control and Prevention (CDC) website, they have the absolute authority to detain you or anyone else they suspect has a communicable disease and move you to a quarantine facility.
The website states that:
“federal isolation and quarantine are authorized for these communicable diseases”, they include: cholera, diphtheria, Infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, severe acute respiratory syndromes, measles and flu that can cause pandemic.”
The website further states that this is authorized via Executive Order of the President and he can revise the list by EO.
The website then goes on to say that quarantine and isolation are to “help protect the public” by preventing people who may or may not have a communicable disease, from being in the general public.
“In addition to serving as medical functions, isolation and quarantine also are “police power” functions, derived from the right of the state to take action affecting individuals for the benefit of society.“
The CDC then states that this also applies to ports – by air or sea and land entry points into the United States.
“Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC).”
The website then goes on to explain the role of the CDC:
“Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to detain, medically examine, and release persons arriving into the United States and traveling between states who are suspected of carrying these communicable diseases.
As part of its federal authority, CDC routinely monitors persons arriving at U.S. land border crossings and passengers and crew arriving at U.S. ports of entry for signs or symptoms of communicable diseases.
When alerted about an ill passenger or crew member by the pilot of a plane or captain of a ship, CDC may detain passengers and crew as necessary to investigate whether the cause of the illness on board is a communicable disease.”
According to the CDC, state, local and Tribes also have police power to enforce quarantine and isolation laws they may have.
The CDC states who is in charge and what authority they have:
The federal government:
- Acts to prevent the entry of communicable diseases into the United States. Quarantine and isolation may be used at U.S. ports of entry.
- Is authorized to take measures to prevent the spread of communicable diseases between states.
- May accept state and local assistance in enforcing federal quarantine.
- May assist state and local authorities in preventing the spread of communicable diseases.
State, local, and tribal authorities:
- Enforce isolation and quarantine within their borders.
“It is possible for federal, state, local, and tribal health authorities to have and use all at the same time separate but coexisting legal quarantine power in certain events. In the event of a conflict, federal law is supreme.”
Finally, the CDC states what authorities can do in terms of enforcement:
“If a quarantinable disease is suspected or identified, CDC may issue a federal isolation or quarantine order.”
“Public health authorities at the federal, state, local, and tribal levels may sometimes seek help from police or other law enforcement officers to enforce a public health order.”
“U.S. Customs and Border Protection and U.S. Coast Guard officers are authorized to help enforce federal quarantine orders.”
“Breaking a federal quarantine order is punishable by fines and imprisonment.’
Federal law allows the conditional release of persons from quarantine if they comply with medical monitoring and surveillance.
In the rare event that a federal order is issued by CDC, those individuals will be provided with an order for quarantine or isolation.”
The CDC provides a detailed guide of how to handle the Novel Coronavirus and says:
“This document outlines the rationale of the federal order as well as information on where the individual will be located, quarantine requirements including the length of the order, CDC’s legal authority, and information outlining what the individual can expect while under federal order.”
Welcome to 1984.