Immigration: The U.S. government will no longer be able to use Title 42 to deport illegal migrants

Emmanuel Paul
Emmanuel Paul - Journalist/ Storyteller

Good news for undocumented immigrants who arrived in the United States across the U.S.-Mexico border.

A federal judge ruled Tuesday to end the public health authority better known as Title 42. With this court decision, the government will no longer be able to deport illegal immigrants under Title 42.

According to U.S. District Court Judge Emmet Sullivan in the District of Columbia, the Centers for Disease Control and Prevention (CDC) did not use due process in issuing the health order to deport the migrants. In his 49-page order, the federal magistrate said the Title 42 policy is “arbitrary and capricious,” violating federal administrative law that governs regulations, CBS News reported.

Also considering the fact that the migrants could be subject to political persecution in Mexico and in their home countries, the veteran magistrate stated that: “the CDC has failed to take into account the harms suffered by the migrants subject to deportation” in instituting Title 42.

Severely criticizing the CDC, Judge Sullivan stated that “It is unreasonable for the CDC to assume that it can ignore the consequences of the actions it chooses to take to achieve its goals, particularly when those actions include the extraordinary decision to suspend the codified procedural and substantive rights of non-citizens seeking safe harbor.

Title 42 was instituted by the Donald Trump administration following the recommendations of the CDC. This highly controversial provision was challenged in court by the human rights organization the American Civil Liberties Union (ACLU), which welcomes the judge’s order repealing Title 42. “This decision is of tremendous importance to asylum seekers and will hopefully put an end to the misuse of public health laws to prevent desperate people from seeking protection,” ACLU attorney Lee Gelernt told CBS News.

While it has not yet decided whether or not to appeal the judge’s decision, the Department of Justice representing the U.S. government has requested a five-week moratorium in order to make arrangements for an “orderly transition.” “This transition period is essential to ensure that DHS can continue to fulfill its mission of securing the nation’s borders and conducting border operations in an orderly fashion,” Justice Department lawyers wrote, as reported by CBS News.

During “this transition period,” Joe Biden’s administration will continue to deport illegal migrants under Title 42. “The United States will continue to fully enforce its immigration laws at the border. In response to the court order, the Department of Justice is filing an unopposed motion to stay. Delaying implementation of the court order will allow the government to prepare for an orderly transition to new policies at the border. But to be clear, under the unopposed motion, Title 42 would remain in place for a period of time. During the period of this freeze, we will prepare for an orderly transition to new policies at the border,” the Department of the Interior said in a statement posted on its website Tuesday. DHS also pledged to: continue to “work with Western Hemisphere countries to take enforcement action against the smuggling networks that entice migrants to undertake the dangerous and often deadly journey to our land borders and to address the root causes of irregular migration that challenge our hemisphere as a whole.””Trump-created racist and militarized olitics against black and brown migrants.”

The Reactions:

Judge Sullivan’s decision to end Title 42 has been met with praise from several members of the House of Representatives, including the Congresswoman for the 7th District of Massachusetts calling Title 42 “a racist policy created by Trump and weaponized against black and brown migrants,” according to Ayanna Pressley adding that “this policy should never have been implemented and I am glad it is ending.” in a message on her twitter account.

“Humanity in action. ” tweeted New York’s 9th District Representative Yvette D. Clarke adding that “Title 42 was wrong then, it is wrong now,” adding that “I am proud to see our nation reject it.”

Every day, thousands of migrants arrive at the southern border of the United States. Applying Title 42, Joe Biden’s administration has sent the vast majority of immigrants back to Mexico and/or their home countries. As of August 2021, more than 15,000 Haitians had taken refuge under the Del Rio pond in Texas. More than 2/3 of them have been sent back to Haiti.

It is important to remember that the removal of Title 42 does not mean that the United States will no longer deport illegal immigrants. They will use other legal provisions to deport asylum seekers if they find that their applications have no merit.


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