Biden Administration’s COVID-19 Vaccine Mandate for Travel Is Illegal, Should Be Struck Down: Lawsuit

A lawsuit has been filed against the Biden administration’s vaccine mandate for foreign travelers, calling it illegal and asking that it be blocked. The mandate was issued through a proclamation by President Joe Biden in 2021, suspending unvaccinated noncitizen nonimmigrants from entering the United States by air. The order detailing the mandate was then issued by the U.S. Centers for Disease Control and Prevention (CDC).

The lawsuit was filed by Gerard Van Den Bosch, a Dutch citizen who works and lives in the United States as an engineer for VMI Holland in Tennessee. According to the suit, Bosch’s religious beliefs prohibit him from taking the COVID-19 vaccine, as he believes it represents fear rather than faith in God. Additionally, he claims to have post-infection immunity, which is similar to or even better than vaccination.

Bosch had planned a trip to the Netherlands to conduct business and visit his parents but did not go when the U.S. government did not provide an official response to his request for a religious exemption to the mandate. He is now requesting that the federal court block the mandate, arguing that it violates the Religious Freedom Restoration Act (RFRA) and the U.S. Constitution’s First Amendment.

Exceptions to the Mandate

The CDC has listed exceptions to the mandate, including for noncitizens who have a legal obligation to travel to the United States. However, the agency has made it clear that there are no exceptions for religious reasons or other moral convictions.

As per the suit, this means the mandate violates Bosch’s rights under RFRA, which prohibits the government from substantially burdening a person’s exercise of religion unless the burden furthers a compelling governmental interest and is the least restrictive means of furthering that interest. The suit argues that the mandate does not further any interests because COVID-19 vaccines do not prevent transmission or infection.

The lawsuit references a 2022 update by the CDC stating that COVID-19 prevention recommendations no longer differentiate based on a person’s vaccination status as breakthrough infections can still occur. It also claims that the overwhelming majority of other countries, including Canada and all European countries, do not have similar requirements.

The suit argues that the mandate violates the plaintiff’s rights under the RFRA and the U.S. Constitution’s First Amendment and that there are countless less restrictive means to achieve the same end the government is seeking.