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Law360 (March 13, 2020, 10:49 PM EDT ) Acting Deputy Secretary of Homeland Security Ken Cuccinelli said Friday on Twitter that federal courts in Arizona and New Mexico will be "suspending certain prosecutions" over concerns of the spreading coronavirus, as President Donald Trump declared a national emergency.
Cuccinelli specified that prosecutions would be suspended for illegal reentry crimes, but did not say when the suspension would begin or how long it would last.
(2/x) NM & AZ courts are suspending certain prosecutions for immigration violations due to concerns about Covid-19.
— Acting Deputy Secretary Ken Cuccinelli (@HomelandKen) March 13, 2020
• New Mexico - 1325 and 1326a;
• Arizona - 1325;
The courts say they'll consider cases w/ aggravating circumstances-previous criminal histories, violence, etc.
A communications representative for the courts did not immediately respond to requests for comment Friday evening.
The president declared a national emergency Friday to help combat the coronavirus pandemic, freeing up billions of dollars to fund the response and help states, small businesses and individuals while allowing for a broader federal role in coordination.
The emergency declaration allows agencies to waive rules and allow greater flexibility, especially in health care. Trump said the U.S. Department of Health and Human Services will be able to temporarily drop requirements to allow for telehealth consultations and let health care providers work in states where they may not have licenses, hospitals adjust where patients can be treated, and rehabilitation centers accept patients without a minimum hospital stay beforehand.
In terms of testing, Trump said Friday that 1,700 Google Inc. engineers are working on a website to launch Sunday night where people would input their symptoms and be referred to drive-thru testing centers, with results delivered through the website.
In New Mexico, 10 people so far have tested presumptive positive for COVID-19 — meaning they've tested positive at the state or local level, but the result hasn't been confirmed by the Centers for Disease Control and Prevention — according to the state's Department of Health. The Arizona Department of Health Services said three people have been confirmed to have the virus, while another six tested presumptive positive.
A number of courts across the country have taken measures to prevent the spread of the coronavirus by restricting access and altering their procedures. The Seattle Immigration Court closed Wednesday.
The U.S. District Court for the District of Arizona is asking those who recently traveled from an area with widespread COVID-19 — and those who are exhibiting symptoms of the virus — not to visit its courthouses.
California courts are resisting closure amid the national emergency, with nearly all state and federal courthouses in the Golden State staying open.
--Additional reporting by Dorothy Atkins, Andrew Kragie and Sarah Jarvis. Editing by Breda Lund.
Correction: A previous version of this article misstated the type of courts suspending certain prosecutions. The error has been corrected.
For a reprint of this article, please contact reprints@law360.com.
