The CDC-authorized policy, first enacted under the Trump administration, has allowed U.S. border officials to swiftly expel hundreds of thousands of migrants.
— A federal judge on Tuesday barred federal immigration authorities from using a public health authority known asto swiftly expel migrants, blocking the main tool the Biden administration has used to manage an unprecedented migration wave along the U.S.-Mexico border.
"This ruling is of enormous significance for asylum-seekers and will hopefully put an end to the misuse of public health laws to block desperate people from seeking protection," Lee Gelernt, the ACLU lawyer who filed the lawsuit, told CBS News. "This transition period is critical to ensuring that DHS can continue to carry out its mission to secure the Nation's borders and to conduct its border operations in an orderly fashion," the Justice Department lawyers wrote., Sullivan said he determined the Title 42 policy was"arbitrary and capricious," in violation of federal administrative law that governs regulations.
Border patrol agents talk to a group of migrants taken from Tijuana, Baja California state, Mexico, on Nov. 11, 2022.After continuing the expulsions for over a year, the Biden administration in April announced Title 42's termination, citing improving pandemic conditions. But through a separate lawsuit, a coalition of Republican-led states convinced a federal judge in Louisiana to stop the termination.
On paper, Title 42 applies to both land borders with Canada and Mexico and migrants of all nationalities, but it has mainly been used along the southern border to turn back Mexican and Central American migrant adults to Mexico or Central America's Northern Triangle region, made up by Guatemala, Honduras and El Salvador.
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