Federal judge blocks Title 42 rule that allowed expulsion of migrants at US-Mexico border

[BumRushDaShow]

Source: CNN Politics

CNN — A federal judge on Tuesday blocked Title 42 – a controversial rule that’s allowed US authorities to expel more than 1 million migrants who crossed the US-Mexico border. Tuesday’s court order leaves the Biden administration without one of the key tools it had deployed to address the thousands of migrants arriving at the border on a daily basis and could restore access to asylum for arriving migrants.

While the rule was drafted by the Trump administration during the Covid-19 pandemic, the Biden administration has relied heavily on it to manage the increase of migrants at the border. District Judge Emmet Sullivan in Washington, DC, found the Title 42 order to be “arbitrary and capricious in violation of the Administrative Procedure Act.”

Prior to Title 42, all migrants arrested at the border were processed under immigration law. Thousands of migrants sent back to Mexico have been waiting along the border in shelters. Officials have previously raised concerns about what the end of Title 42 may portend, given limited resources and a high number of people trying to enter the country.

Sullivan’s ruling also comes on the heels of the resignation of US Customs and Border Protection Commissioner Chris Magnus, who had been asked to resign by Mayorkas last week. CBP Deputy Commissioner Troy Miller is now serving as the acting commissioner. CNN has reached out to the White House, Justice Department and Department of Homeland Security for comment.


Read more: https://www.cnn.com/2022/11/15/politics/title-42-migrants/index.html

---

Full headline: Federal judge blocks Title 42 rule that allowed expulsion of migrants at US-Mexico border, restoring access for some asylum seekers

Article updated.

Previous update and headline -

Federal judge blocks Title 42 rule that allowed expulsion of migrants at US-Mexico border

CNN -- A federal judge on Tuesday blocked Title 42 - a controversial rule that's allowed US authorities to expel more than 1 million migrants who crossed the US-Mexico border.

While the rule was drafted by the Trump administration during the Covid-19 pandemic, the Biden administration has relied heavily on it to manage the increase of migrants at the border. District Judge Emmet Sullivan in Washington, DC, found the Title 42 order to be "arbitrary and capricious in violation of the Administrative Procedure Act."

Prior to Title 42, all migrants arrested at the border were processed under immigration law. Thousands of migrants sent back to Mexico have been waiting along the border in shelters. Officials have previously raised concerns about what the end of Title 42 may portend, given limited resources and a high number of people trying to enter the country. CNN has reached out to the White House and Department of Homeland Security for comment.

Sullivan faulted the US Centers for Disease Control and Prevention, which issued the public health order, for "its decision to ignore the harm that could be caused" by issuing the policy. He said the CDC also failed to consider alternative approaches, such as letting migrants self-quarantine in homes of US-based friends, family, or shelters. The agency, he said, should have reexamined its approach when vaccines and tests became widely available.

Original article -

CNN -- A federal judge on Tuesday blocked Title 42 - a controversial rule that's allowed US authorities to expel more than 1 million migrants who crossed the US-Mexico border.

While the rule was drafted by the Trump administration during the Covid-19 pandemic, the Biden administration has relied heavily on it to manage the increase of migrants at the border.

District Judge Emmet Sullivan in Washington, DC, found the Title 42 order to be "arbitrary and capricious in violation of the Administrative Procedure Act."



This story is breaking and will be updated.

[bucolic_frolic]

1. Abbott will need a lot more buses ./ .nt

[MichMan]

2. Does the ruling mean any border enforcement is now prohibited?

[BumRushDaShow]

3. From near the end of the linked article

(snip)

Earlier this year, in anticipation of lifting Title 42 and under pressure from lawmakers, the Department of Homeland Security released a 20-page plan to manage a potential increase of migrants at the border. A separate federal judge struck down the administration’s intent to end Title 42 at the time.

The CDC said at the time it’s no longer necessary given current public health conditions and the increased availability of vaccines and treatments for Covid-19. But in May, a federal judge in Louisiana blocked the Biden administration from ending Title 42.

Since that court order, the administration has continued to use Title 42 and most recently, expanding it to include Venezuelan migrants who have arrived at the US southern border in large numbers.

In October, there were more than 204,000 arrests along the US southern border and over 78,400 expulsions under Title 42, according to CBP data.

(snip)

So per the above, they developed a plan and a Louisiana District Court judge nixed any move to lift Title 42 and implement the plan. Now a different judge from the D.C. District Court has put an injunction on use of Title 42, which theoretically could allow them to use the plan. The plan is here (PDF, but for some reason slow to display). Axios has it in an embedded viewer here - https://www.axios.com/2022/04/26/dhs-plan-title-42-court-block-biden-immigration

Basically they go back to "pre-Title 42" policies and process immigrants per the current law. The problem during the pandemic was that there was concomitant increase in arrivals and Title 42 allowed initial processing and then sending people back across the border to await adjudication there instead of them remaining here to await their hearings. Now they can't willy nilly send them back unless they don't qualify.

[riversedge]

4. Thanks

[BumRushDaShow]

5. You're welcome

I'm sure it will mainly be considered a "blueprint" at this point because unless another judge (and/or appeals court) swoops in, it's "showtime", and they'll have to implement the plan for real, and there may be some details that will need to be resolved.

[jmowreader]

6. I personally find this all hilarious

42 CFR 71.40, the actual regulation at question, is very clear in that it can ONLY be invoked in the event of a public health emergency. Why this is so funny is that Mrs. Tweedledumb from Georgia and Mrs. Tweedleinsane from Colorado are all "we need to open the country up. We need to get rid of all those pandemic regulations. We need to ban masks, get the schools open, let people fly without masks." Then they get to this particular pandemic regulation..."oh no, we need to keep that, we're going to do our howler monkey impressions at your next State of the Union Address much louder than last time if you don't keep that." Make up your damn minds already!