Topline
A federal judge on Tuesday struck down the CDC’s Title 42 border policy, which both the Trump and Biden administrations used to expel asylum-seekers by citing concerns about the spread of Covid-19—a move championed by advocates for migrant rights but one others argue will worsen a migrant crisis overwhelming U.S. authorities along the southern border.
TIJUANA, MEXICO – APRIL 29: Members of a caravan of Central Americans who spent weeks traveling … [+]
Key Facts
D.C.-based federal District Judge Emmet Sullivan struck down the policy, calling it an “arbitrary and capricious” rule in violation of federal law in response to a lawsuit by the American Civil Liberties Union.
It’s not clear if the Biden Administration will appeal the decision, but Sullivan noted in his ruling he will deny any request for a stay if an appeal is filed.
The Border Patrol reported last month there were 2.4 million arrests along the U.S.-Mexico border in the fiscal year ending in September, the most ever in a single year, and just over 1 million of those arrestees were expelled from the country using Title 42.
Key Background
Under Title 42, immigration authorities rapidly expelled migrants who hailed from Mexico and a handful of other countries, often sending them back to the other side of the southern border within hours, before they could apply for asylum in the United States. The CDC enacted Title 42 in March 2020, during the first wave of the Covid-19 pandemic in the United States, though critics later blasted former President Donald Trump for keeping the policy in place even as he downplayed the severity of the pandemic. The Biden Administration initially kept the policy in place for single adults, but announced plans in April to end Title 42, but a federal judge in Louisiana later blocked the effort after a group of Republican state attorneys general filed a lawsuit. Sullivan’s ruling makes that lawsuit moot since he said the policy should have never been enacted. Despite a stated goal of ending Title 42, federal authorities have continued to heavily utilize the policy as an immigration control measure amid the record surge of migrants at the border, and recently expanded the policy to include many migrants from Venezuela.
Tangent
Republican governors including Greg Abbott (Texas), Doug Ducey (Arizona) and Ron DeSantis (Florida) launched programs transporting migrants left along the southern border to heavily Democratic northern cities, which they claim is in response to the Biden Administration’s border policies.
Further Reading
Judge Blocks Biden Administration From Ending Title 42 Migrant Policy (Forbes)
DeSantis’ Martha’s Vineyard Flights Could Backfire: Migrants May Be Eligible For Crime Victim Visas (Forbes)
Source: https://www.forbes.com/sites/nicholasreimann/2022/11/15/judge-ends-trump-era-title-42-policy-used-to-expel-migrants/