On September 13, 2016, the Court of Justice of the European Union held that European Union (EU) law does not allow member states to expel non-EU nationals from EU territory or automatically refuse them a residence permit when the individual is the sole caretaker of an EU citizen that is a minor and the sole ground for expulsion or refusal is the caretaker’s criminal record.  The ruling resolved two separate cases, Alfredo Rendón Marín v. Administración del Estado and Secretary of State for the Home Department v. CS, which addressed similar questions of EU law. According to the press release, the relevant Spanish and U.K. authorities refused one non-EU national a residence permit and served another with a deportation order under the circumstances at issue. The Court determined that EU law precludes such action, in that “the directive on the freedom of movement and residence of EU citizens and their family members applies to EU citizens and their family members who move to or reside in a Member State other than that of which they are a national.” The Court added that the Treaty on the Functioning on the European Union “precludes  national  measures which are liable to deprive EU citizens of the genuine  enjoyment  of  the  rights  conferred  by  virtue  of  their  status  as  EU  citizens.” According to the Court, “[s]uch deprival occurs where refusing a national of a non-EU country a residence permit or expelling him would have the effect of obliging his child, an EU citizen in his sole care, to go with him and, therefore, to leave the territory of the [EU].” The Court still left room for member states to refuse residency or expel in such situations, however, based on various grounds—particularly public policy or public security. The Court stipulated that any such “derogation [of the right to residency]  must  observe  the  Charter  of Fundamental  Rights  and  the principle  of  proportionality and must be  based  on the  personal conduct  of  the  individual  concerned in  order  to  ascertain  whether  he represents a  genuine, present and sufficiently serious threat affecting the society of the host Member State.” The Court concluded by stating in regard to expulsion that “in exceptional circumstances, a Member State may adopt [such a]  measure  by  relying  on  the  exception  linked  to  upholding  the  requirements  of public policy and safeguarding public security, concepts which must be interpreted strictly.”