2 years ago
A federal judge on Friday blocked the Biden administration’s move to lift Title 42, a Trump-era policy used to expel more than one million migrants at the southern border.
The pandemic-related health order, which was implemented in March 2020 to control the spread of Covid, was set to expire on Monday. The measure gave the U.S. the authority to immediately expel thousands of asylum seekers without a legal process, and Friday’s ruling means an even longer waiting time for migrants seeking refuge in the United States.
Louisiana U.S. District Judge Robert Summerhays ruled that the restrictions must stay in place until a lawsuit by 24 states, led by Arizona, Louisiana and Missouri, is resolved in the courts. In the April 3 lawsuit, filed after the Centers for Disease Control and Prevention announced plans to lift the public health order, the states argued the policy needed to remain to avoid “wave of illegal migration and drug trafficking.”
Title 42 has been at the center of debate among GOP-led states and the Biden administration in recent weeks. The decision by the Louisiana judge provides a reprieve to the Biden administration, which has been under mounting pressure from Republicans and even members of its own party to keep the policy in place, as swing state Democrats worry the order's end could fuel Republican talking points about the border — posing more challenges during a midterm year.
Biden ran on revamping the immigration system and putting an end to Trump-era deportation policies, such as Title 42. The administration could appeal the ruling, but it’s unlikely the restrictions will be lifted by Monday as planned.
On March 4, a three-judge panel in the D.C. Circuit Court unanimously ruled that the CDC could use Title 42 to expel migrant families — but not back to danger without giving them the chance to apply for protection against persecution and torture. Even though the Louisiana court has now stopped Title 42 from lifting on Monday, Lee Gelernt, lead counsel in the D.C. case, said the D.C. Circuit Court’s order will prevent it from being used to expel migrant families to persecution or to torture.
Krista Mahr contributed to this report.
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