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Biden administration will appeal ruling nullifying Title 42 border restrictions, but will not delay its termination

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Washington — A Biden administration will be attractive court judgment The Justice Department announced Wednesday that it has revoked a public health order that U.S. border officials used to en masse deport immigrants from the U.S.-Mexico border during the coronavirus pandemic.

In documents filed in federal district court in Washington, D.C., the Justice Department said it decided to appeal last month’s ruling asking the government to stop enforcing pandemic-era border restrictions. rice field. title 42a section of the United States Code that contains the Public Health Act.

“The government respectfully disagrees with this court’s decision and argues on appeal, as it argued in this court, that the CDC’s Title 42 order is lawful,” the Justice Department said in a statement. said in a document submitted to Last month’s Trump-era policies were illegal.

Sullivan then suspended the expulsion for several weeks until 21 December, giving the administration to comply with his orders.

While announcing the appeal, the Justice Department did not seek a stay of Sullivan’s judgment and said it would seek a stay of the case pending determination on another appeal of the separate court order that blocked the termination of Title 42 this spring. said. The government will issue new rules governing the legal authority to deport immigrants for public health reasons.

If the administration wins other Title 42 cases resulting from rulings by federal judges in Louisiana, the Washington, D.C. case would be “controversial,” the Justice Department argued. A spokesperson for the agency declined to elaborate further on Wednesday’s filing.

Officials in the Biden administration said the Justice Department was not asking federal courts to keep Title 42. Instead, officials said the government was defending the authority behind the expulsions. The Department of Homeland Security is “full speed ahead for the lifting of Title 42 on December 21,” the official added.

However, the December 21st end date is still subject to change.more than a dozen Republican-led states want Sullivan signaled that he would be allowed to defend Title 42 in court and request that his sentence be suspended. This delays policy termination. If Sullivan denies the state’s motion, the state can ask his DC Court of Appeals for the Circuit and the Supreme Court to intervene.

Immigrant border crossings into the US surge to record high
Immigrants seeking asylum in the United States will be processed by U.S. Border Patrol agents after crossing from Mexico to Arizona near Yuma, Arizona, Sept. 26, 2022.

/ Getty Images


Since March 2020, when the Trump administration first invoked Title 42, the United States has killed more than 2.4 million people along its southern border under policies approved by the Centers for Disease Control and Prevention as measures to curb the spread of COVID. of immigrants have been deported. -19, despite internal opposition.

Sullivan’s ruling last month stemmed from a lawsuit brought by the American Civil Liberties Union (ACLU), which argued that Title 42 was an illegal policy that violated human rights. asylum seeker.

The Justice Department’s decision to appeal the ruling without a stay is the latest twist in a year-long legal battle over the fate of Title 42.

To the dismay of progressive defenders of asylum seekers, the Biden administration vigorously defended Title 42 for more than a year, including in federal courts, pushing the southern border amid unprecedented levels of immigration arrivals. It argued that policies were needed to reduce coronavirus outbreaks in line with

Then, in April of this year, the CDC announced it was suspending approval of Title 42, citing an improving pandemic situation, including increased vaccination rates in immigrants’ home countries. However, a coalition of Republican-led states sued the dismissal and convinced a federal judge to block it on procedural grounds.

Since then, the Biden administration has continued to rely on Title 42 to manage record-breaking immigration flows along its southern border, using it to carry out the deportation of over one million immigrants in fiscal year 2022. did. 30, government statistics show.

Shortly after Mr. Sullivan declared Title 42 illegal last month, the Biden administration asked Mr. Sullivan to give border officials five weeks to comply with his ruling. Sullivan, he said, did so because, albeit with “very reluctance,” he approved the stay and it was not a request to stay the judgment pending appeal.

When Title 42 ends, the U.S. will have to consider all cases of immigrants who claim they fear being persecuted or tortured if deported, as provided in the U.S. Asylum Act. .

The Biden administration has said it plans to surge agents and resources to the southern border and increase routine deportations, but Republicans and some moderate Democrats are skeptical of immigration arrivals. It has expressed concern about the administration’s ability to manage a large increase.

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Written by Natalia Chi

Chicago Popular; Chicago breaking news, weather and live video. Covering local politics, health, traffic and sports for Chicago, the suburbs and northwest Indiana.

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