The Phoenix Flyer

U.S. district court strikes down use of Title 42 to expel migrants

By: - November 15, 2022 5:39 pm

Beachgoers gather near the U.S.-Mexico border barrier, which extends into the Pacific Ocean on April 7, 2022, in Tijuana, Mexico. March 21 marked the two-year anniversary of Title 42, the controversial pandemic-era border policy enacted by President Trump, which cites COVID-19 as the reason to rapidly expel asylum-seekers at the U.S. border. Credit: Mario Tama / Getty Images

WASHINGTON — A federal judge on Tuesday blocked the government from continuing Title 42 —  a controversial pandemic-era health policy used by both the Trump and Biden administrations to expel nearly 2 million migrants at the U.S.-Mexico border.

The request to halt the use of Title 42 had been filed by immigrant advocacy groups and the American Civil Liberties Union, which argued the policy violates U.S. asylum law by not allowing those migrants to claim asylum. Senior District Judge Emmet G. Sullivan in Washington, D.C., found the use of the policy “arbitrary and capricious in violation of the Administrative Procedure Act.”

Sullivan is a Clinton administration appointee. Sullivan previously exempted unaccompanied children from the order in 2020.

Many congressional Democrats have pressured the Biden administration to scrap the policy, although others asked the administration to put a comprehensive policy in place before ending Title 42,  a designation from the Centers for Disease Control and Prevention.

In May, a federal judge in Louisiana temporarily blocked the Biden administration from halting Title 42.

Twenty-four states, including Arizona, Louisiana and Missouri, had filed a lawsuit in April to keep Title 42 in place. Several of the states alleged that the uptick in immigrants would increase the amount of money they needed to spend on education, health care, and law enforcement.

The U.S. Department of Homeland Security did not respond to a request for comment.

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Ariana Figueroa
Ariana Figueroa

Ariana covers the nation's capital for States Newsroom. Her areas of coverage include politics and policy, lobbying, elections and campaign finance.

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