A federal judge on Tuesday, November 15, blocked the use of the controversial immigration policy known as “Title 42,” a rule initially implemented by former President Trump’s administration that has been widely used by the Biden administration and has allowed U.S. authorities to expel over 1 million immigrants who crossed the U.S.-Mexico border.
The decision by Judge Emmet Sullivan of the District of Columbia will leave the Biden administration without one of its main tools to deal with the thousands of immigrants arriving at the border daily. The current administration criticized and promised to end the use of Title 42 at the border but has more recently come to rely on the policy.
What is Title 42?
In the early days of the coronavirus pandemic, the U.S. Centers for Disease Control and Prevention (CDC) issued a public health order (known as Title 42) that, according to authorities, aimed to prevent the spread of Covid-19. The order allowed U.S. authorities to quickly expel immigrants arriving at U.S. land borders.
The measure has been considered controversial since the moment the Trump administration announced it. Immigrant rights advocates argued that authorities were using public health as a pretext to keep as many immigrants out of the country as possible. Public health experts also criticized the policy, stating that it was not justified by the circumstances.
Judge’s Decision
Sullivan deemed Title 42 “arbitrary and in violation of the Administrative Procedure Act,” a law that governs the process by which federal agencies develop and issue regulations.
He blamed the CDC for “its decision to ignore the harm that could be caused” and stated that the CDC did not consider alternative approaches. Sullivan also concluded that the policy did not rationally serve its purpose, given that Covid-19 was already widespread in the United States when it was launched.
Conclusion: based on Sullivan’s decision, the government can no longer use the Covid-19 pandemic as a justification for expelling immigrants.
What Will Happen at the Border?
Immigrants covered by the Title 42 rule are expelled to their countries of origin or to Mexico. Under Title 42, authorities expelled immigrants at the U.S.-Mexico border nearly 2.5 million times in less than three years, according to data from U.S. Customs and Border Protection. And the vast majority of these expulsions – over 80% – occurred during the Biden administration.
With the order suspended, the way immigrants are processed at the border will revert to how it was before 2020. In this system, immigrants were removed from the country, detained, or released in the U.S. while their cases went through immigration court.
Authorities earlier this year indicated they expected the suspension of Title 42 to lead to a new influx of immigrants attempting to enter the United States. At the time, they said they were preparing for different outcomes, including the worst-case scenario that up to 18,000 immigrants per day could attempt to cross the border.