It is likely that § 265 grants the Executive sweeping authority
to prohibit aliens from entering the United States during a
public-health emergency; that the Executive may expel aliens
who violate such a prohibition; and that under § 1231(b)(3)(A)
and the Convention Against Torture, the Executive cannot
expel aliens to countries where their “life or freedom would be
threatened” on account of their “race, religion, nationality,
membership in a particular social group, or political opinion”
or where they will likely face torture.
On 10 February 2012 the ECtHR applied the interim measure under Rule 39 and requested the Austrian Government to stay the expulsion of the applicants from Austria to Italy under the Dublin II Regulation, until further notice.