DC Circuit affirms in part Title 42 injunction and says Biden administration can expel migrants, but only to places “where they won’t be persecuted or tortured.”
Title 42, a public health policy implemented under former President Donald Trump in 2020 and upheld by the Biden administration, is to blame for the rapid deportation of migrants at the border. This policy implemented by the federal government to prevent the spread of COVID-19 at border facilities and in the United States requires all migrants crossing the border to be sent back to their country of origin.
More than 1.5 million migrants have been expelled and denied entry to the United States since the Biden administration took office, according to Customs and Border Patrol data. More than 20,000 Haitians have been removed using this policy.
Judge Justin Walker, part of the three-judge panel, wrote: “To be sure, as with most things in life, no approach to COVID-19 can eliminate every risk. But from a public-health perspective, based on the limited record before us, it’s far from clear that the CDC’s order serves any purpose.”
This decision is a step in the right direction, but with the relaxation of COVID-19 rules nationally, it is time to end this policy at the U.S. border.
