Miami Herald

Biden vaccine mandates face first test with federal workers

- BY COLLEEN LONG AND MICHAEL R. SISAK

President Joe Biden is pushing forward with a massive plan to require millions of private sector employees to get vaccinated by early next year. But first, he has to make sure workers in his own federal government get the shot.

About 4 million federal workers are to be vaccinated by Nov. 22 under the president’s executive order. Some employees, like those at the White House, are nearly all vaccinated. But the rates are lower at other federal agencies, particular­ly those related to law enforcemen­t and intelligen­ce, according to the agencies and union leaders. And some resistant workers are digging in, filing lawsuits and protesting what they say is unfair overreach by the White House.

The upcoming deadline is the first test of Biden’s push to compel people to get vaccinated. Beyond the federal worker rule, another mandate will take effect in January aimed at around 84 million private sector workers, according to guidelines put out last week.

On Saturday, a federal appeals court in Louisiana temporaril­y halted the vaccine requiremen­t for businesses with 100 or more workers. The administra­tion says it is confident that the requiremen­t will withstand legal challenges in part because its safety rules preempt state laws.

“The president and the administra­tion wouldn’t have put these requiremen­ts in place if they didn’t think that they were appropriat­e and necessary,” Surgeon General Vivek Murthy said Sunday. “And the administra­tion is certainly prepared to defend them.”

If the mandates are a success, they could make the most serious dent in new coronaviru­s cases since the vaccine first became available, especially with the news this past week that children ages

5-11 can get the shot making an additional 64 million people eligible. But with two weeks remaining until the federal worker deadline, some leaders of unions representi­ng the employees say that convincing the unvaccinat­ed to change their mind is increasing­ly challengin­g.

“I got the vaccine in February, it was my own choice and I thought it would stop the virus,” said Corey Trammel, a Bureau of Prisons correction­al officer and local union president in Louisiana.

“But it hasn’t. And now I have people resigning because they are tired of the government overreach on this, they do not want to get the shot. People just don’t trust the government, and they just don’t trust this vaccine.”

Vaccines have a proven track record of safety, backed by clinical trials and independen­t reviews showing them overwhelmi­ngly effective at preventing serious illness and death from COVID-19. More than 222 million Americans have received at least one vaccine dose and more than 193 million are fully vaccinated. More than half of the world population has also received a shot.

Scientists have been battling anxiety over the vaccine since it was first authorized; an AP-NORC poll earlier this year found one-third of adults in the U.S. were skeptical, despite assurances the vaccine was safe and effective and few instances of serious side effects. About 70% of American adults are fully vaccinated and 80% have received at least one dose of a vaccine.

Vaccinatio­ns have unfolded at uneven rates across the federal government. Officials at Health and Human Services, U.S. Food and Drug Administra­tion and Housing and Urban Developmen­t said they were trying to get their employees vaccinated but had no figures yet.

Several intelligen­ce agencies had at least 20% of their workforce unvaccinat­ed as of late October, said U.S. Rep. Chris Stewart, a Utah Republican who is a member of the House Intelligen­ce Committee.

Federal Law Enforcemen­t Officers Associatio­n President Larry Cosme said there are about 31,000 members from 65 federal law enforcemen­t agencies in the associatio­n and he estimated 60% of them have been vaccinated.

Homeland Security, a giant government department with more than 240,000 employees, was about 64% fully vaccinated by the end of last month. U.S. Customs and Border Protection has received at least 6,000 requests for medical or religious exemptions, according to the union that represents Border Patrol agents.

Republican­s have argued the mandate goes too far. House Oversight Committee Republican­s sent a letter in late October suggesting the president’s “authoritar­ian and extreme mandates infringe upon American freedoms, are unpreceden­ted, and may ultimately be deemed unlawful.”

In their letter, Reps. James Comer of Kentucky and Jody Hice of Georgia said they worried about a large number of government vacancies should thousands of workers refuse and get fired. That concern was also felt by those in the already-understaff­ed Bureau of Prisons.

A federal correction­s officers union in Florida filed a lawsuit last week week over the mandate, saying it was a violation of civil rights. Some prison workers say they’re torn about the vaccine, not wanting to lose their livelihood­s but also unwilling to sacrifice their personal beliefs. Officers near retirement age are contemplat­ing leaving rather than go through with the vaccine.

Border Patrol employees have been directed to confirm their vaccinatio­n status by Tuesday, according to union President Brandon Judd. As of Thursday, 49% of Border Patrol agents responded to say they are fully vaccinated and about 7% reported not being vaccinated, Judd said.

It’s unclear how many will continue to refuse if they aren’t granted an exemption and face losing their job as a result.

“When it comes down to losing your livelihood or getting vaccinated, I think the vast majority are going to ultimately get vaccinated,” Judd said.

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