Can the U.S. Government Force You to Self-Quarantine?
By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 25, 2024
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During the COVID-19 pandemic, people became very familiar with self-quarantining. Whether traveling outside the U.S. or attending a family gathering, you may have had to self-quarantine.
According to the Centers for Disease Control and Prevention (CDC), people exposed to an infectious disease should isolate themselves until they are no longer contagious. The question is whether the government can force you to self-quarantine.
At first glance, the federal government ordering you to self-quarantine seems like a violation of your civil rights. But depending on the situation, the government may have the right to force citizens to quarantine.
This article discusses when the government can exercise this right. It also explains self-quarantining and what can happen if you don't comply.
Illnesses and Diseases Subject to Quarantine Orders
Over the years, the U.S. government has identified various diseases warranting quarantine, including COVID-19.
According to the U.S. Department of Health and Human Services, the government can order a federal quarantine for the following diseases and illnesses:
- Yellow Fever
- Cholera
- Pandemic Flu
- Diphtheria
- Infectious Tuberculosis
- Plague
- Measles
- Viral Hemorrhagic Fever
- Smallpox
- Severe Acute Respiratory Syndromes
State law may also order self-quarantining for particular sicknesses, such as Ebola. If the federal or state government deems there is a public health emergency, it can pass an executive order to self-quarantine that can apply to:
- Individuals
- Communities
- Groups
With a federal or state quarantine, citizens must self-isolate, stay at home, and practice social distancing. The duration of quarantine depends on the nature of the illness.
For example, to prevent the spread of COVID-19, health officials first ordered a 14-day self-quarantine. In time, COVID-19 vaccination became widespread, cases decreased, and health care authorities were more knowledgeable about the disease. This led public health authorities to reduce the self-quarantine rule to five days toward the end of the pandemic.
Does the Government Have Legal Grounds to Force People to Quarantine?
Yes. The commerce clause of the U.S. Constitution gives the federal government the power to quarantine people. Also, section 264 of the Public Health Service Act gives the federal government the authority "to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states." The same law permits the government authority to apprehend, examine, and detain persons who are infected.
The Constitution also gives states and local governments broad police powers to protect the health and welfare of their citizens. Issuing a quarantine order does not constitute a violation of your civil liberties. State and federal regulations exist to protect the greater good, not individual rights.
Is There a Uniform "Self-Quarantine" Law?
No. States and cities have their own health laws. They will draft their own quarantine laws, which can be general or specific, depending on their purpose. The National Conference of State Legislatures provides an exhaustive list of each state's quarantine laws.
How Does the Federal Government Enforce Quarantines?
If a government agency identifies an infectious disease, the Secretary of Health and Human Services, the CDC or the states may issue a quarantine order. For example, the CDC's Quarantine Order for the Novel Coronavirus (COVID-19) outlined the reasons for the order and gave directions to citizens.
If you do not follow a quarantine order, the police and other enforcement agencies will get involved. Federal law also gives officers from the U.S. Customs and Border Protection and the U.S. Coast Guard authority to enforce quarantine orders.
Can the Government Send Me to Jail for Refusing to Quarantine?
The answer is yes, although the rules vary among states. Most states will charge violators with a misdemeanor, which can result in fines in most states. States don't consistently enforce jail sentences since putting a person with an infectious disease in prison would be counterproductive.
Can I Challenge the State's Decision to Quarantine Me?
The Constitution gives you the right to due process. This does not mean you can demand release from quarantine when you are potentially carrying a dangerous contagious disease. But, you can ask for a hearing to determine if the quarantine is justified and whether the process leading to the order complied with the law.
Can My Employer Fire Me After a Mandatory Quarantine?
Generally, no. Your employer cannot fire you when you miss work due to a mandatory quarantine. Of course, you may need to cooperate with your employer in a reasonable manner based on your health status and ability to work remotely.
The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid leave for severe health conditions. The question is whether the underlying basis of a mandatory quarantine qualifies as a serious medical condition.
Although the courts may take these situations case by case, you will likely qualify for FMLA leave in situations where you will receive "inpatient care." FMLA treats someone receiving inpatient care as having a severe health condition.
The Federal Government May Issue Further Guidance
Sometimes, the federal government issues orders allowing employees to receive benefits while on quarantine. The federal government's Emergency Coronavirus Relief Law is a good example. Under this law, eligible employees qualified for paid sick leave if they were under quarantine for COVID-19.
States Have Their Own Quarantine Laws
State laws may have provisions regarding whether an employer can fire an employee for not showing up at work because of quarantine. Many states, including Maryland, have laws specifically prohibiting employers from termination after a mandatory quarantine.
There are also federal laws that protect you during quarantine.
An Attorney Can Answer Your Questions
Being under quarantine is frightening. Not only do you have to deal with the underlying illness, but you also have to isolate. If you believe the government has forced you to quarantine unfairly, contact a civil rights attorney near you for assistance.
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Contact a qualified civil rights attorney to help you protect your rights.