拜登政府放弃了对移民设施的背景调查要求，部分原因是从墨西哥流入美国的无证移民人数众多。该AP 文章指出，许多持有移民现有的边境巡逻点的是“人满为患的和不合适的”，导致总统建立了一系列的应急设施，以满足需要。3 月，美国政府启动了 8 个新的应急设施，拥有 15,000 多张床位。
虽然这些紧急设施将扩大政府现有的临时安置移民系统，但它们与永久边境巡逻设施的标准不同。虽然紧急设施由美国卫生与公众服务部 (HHS) 资助，但它们不受与永久性 HHS 设施相同的许可程序的约束。
行政部门并没有完全放弃背景调查：HHS 表示，所有为儿童提供“直接护理”的工作人员和志愿者仍将被要求“通过公共记录犯罪背景调查”。政府对这些紧急设施的豁免是 HHS 对 FBI 背景调查的要求。
公共记录犯罪背景调查和 FBI 背景调查之间存在一些主要区别。对行政部门来说最重要的是，联邦调查局的检查需要更长的时间来处理。公共记录检查可以快速返回，从而减少审查大型 HHS 设施所需的时间。FBI 检查利用指纹识别和搜索 FBI 数据库，公共或私人雇主无法使用这些数据库。
per the Associated Press.
The Biden administration has waived the background check requirement for migrant facilities in part because of the number of undocumented immigrants flowing into the United States from Mexico. The AP article notes that many of the existing Border Patrol sites that hold immigrants are “overcrowded and unsuitable,” leading the President to establish a range of emergency facilities to meet the need. In March, the U.S. government activated eight new emergency facilities with more than 15,000 beds.
While these emergency facilities will expand the government’s existing system for temporarily housing immigrants, they are not held to the same standard as permanent Border Patrol facilities. While emergency facilities are funded by the U.S. Department of Health and Human Services (HHS), they are not subject to the same licensing process as permanent HHS facilities.
To accelerate the staffing of the facilities and utilize them sooner, the Biden administration has waived the background check protocols that are standard for any facility used to hold immigrant teens.
The executive branch has not waived background checks entirely: HHS has stated that all staff and volunteers providing “direct care” to children will still be required to “pass public record criminal background checks.” What the government is waiving for these emergency facilities is the HHS requirement of FBI background checks.
There are a few primary differences between public record criminal background checks and FBI background checks. Most crucially for the executive branch, FBI checks take longer to process. Public record checks can return quickly, reducing the time that it takes to vet a large-scale HHS facility. FBI checks utilize fingerprinting and search FBI databases that are not available to the public or private employers.
Fingerprinting is a key point of contention for critics of the President’s decision to waive FBI background checks. Fingerprint checks can find a person’s record even if they lie about their identity—public record checks are often name-based. Some critics worry that the decision could leave immigrant minors at risk among criminals, sex offenders, or individuals with histories of child abuse or neglect by permitting background checks to potentially overlook key pieces of background information.
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