Tens of thousands of migrants at the United States’ (US) border with Mexico were left dismayed after a judge rejected President Joe Biden’s move to end the Trump-era Title 42 restrictions.
On Friday, District Judge Robert Summerhays in Louisiana granted a preliminary injunction to Republican state attorneys who are seeking to prevent the termination of the pandemic-induced policy.
Summerhays ruled in favour of 24 states who filed a lawsuit arguing that the Biden administration had not given adequate notice to gather public opinion on ending the restrictions. They argued that lifting the act would lead to a “wave of illegal migration and drug trafficking.”
He determined that lifting the public health order, imposed in March 2020 to curb the cross-border spread of COVID-19, would place too great a financial burden on recipient states in terms of educational and health care costs.
Asylum seekers marched toward the Tijuana-San Diego border in a demonstration against the Title 42 border policy that has kept thousands from being able to request protection in the United States https://t.co/pAOHXXtUT1 pic.twitter.com/5gSUFqd2ia
— Reuters (@Reuters) May 24, 2022
White House Press Secretary Karine Jean-Pierre released a statement disagreeing with the ruling and announcing that the Department of Justice will file an appeal. She stressed that the “authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court.” Nevertheless, she affirmed that the Biden administration will “continue to enforce” Title 42 until a ruling on its appeal is made.
The Department of Homeland Security, meanwhile, said it will “comply with the court’s order” but stressed that the policy is “not an immigration authority, but a public health authority.”
The DHS had earlier expressed concern that lifting the public health order would increase migrant crossings from 7,400 per day to 18,000, saying the existing allocation of $1.4 billion from Congress would be insufficient to support this surge.
Once again, the courts rule against Joe Biden’s lawless agenda. Title 42 is one of the last remaining protections we have from a deluge of illegals coming across our border. I am glad for our state and our nation that It will remain in place. #Title42 #BidenBorderCrisis https://t.co/VTw9bJ2iOX
— Attorney General Ken Paxton (@KenPaxtonTX) May 20, 2022
Title 42 was due to expire in March 2020 after Biden extended the measure in August 2021 and January 2022 due to the Delta and Omicron variants of COVID-19. By April, the US had turned away over 1.9 million asylum seekers under the policy. In contrast, it has allowed just over 234,000 migrants to enter the US under exemptions listed under the public health measure.
The CDC on April 1 declared its intent to rescind the policy on May 23, citing the availability of effective vaccines to effectively control the cross-border spread of the virus.
However, two days later, 24 states led by Arizona, Louisiana, and Missouri sued the CDC, saying this would violate the Administrative Procedures Act and cause “irreparable harm.”
Biden’s intent to ease the border curbs was criticised by sections of both Republicans as well as the conservative Democrats.
Today was the day that the Trump administration’s racist, anti-immigrant Title 42 policy was set to expire, but a federal judge blocked the Biden administration from ending it. I applaud @POTUS’ decision to appeal this unjust ruling. Asylum is a human right. https://t.co/r9o4KzBusH
— Rep. Andy Levin (@RepAndyLevin) May 23, 2022
House Minority Leader Kevin McCarthy (R-CA) said it would incite a “lawless surge of illegal border crossings to enrich human traffickers.” Senator Joe Manchin (D-WV), who has sided with the Republicans on a number of key votes, also tagged the move as a “frightening decision.”
To this end, Manchin and a number of moderate Democratic Senators signed legislation to restrict the administration from lifting the order until 60 days after the CDC declares the COVID emergency over.
The issue threatens to drive a wedge within the Democratic party, with many politicians and the majority of supporters supporting the removal of Title 42.
Senate Majority Leader Chuck Schumer, for instance, has lambasted the policy saying that it “continues to be used indiscriminately to remove migrants with valid refugee claims.”
Under Title 42, tens of thousands of migrants, mostly Black migrants, have been expelled at our borders. This health rule is not just blatantly racist, it's abhorrent.
— Yvette D. Clarke (@RepYvetteClarke) May 23, 2022
This legal setback has been a disservice to our American values, and stains our humanity. #EndTitle42 https://t.co/ysUMBszBEA
The order has also faced scrutiny from rights groups, Amnesty International describing the court ruling as “an affront to the human rights of people in search of safety throughout the Americas region.”
It has been condemned as a “blanket deportation policy” that disregards the human right to seek asylum for over two years. Erika Guevara-Rosas, Amnesty International’s Americas director, has denounced it as a “xenophobic policy thinly disguised as a public health measure.”
Friday’s ruling has led to protests at the base of the international bridge in Tijuana on Sunday and Monday, with demonstrators holding placards reading “Defend Asylum” and “No more Title 42.”
In March alone, US border authorities reportedly arrested 210,000 migrants attempting to enter the country through the southern border with Mexico, marking the highest monthly total in two decades and a 24% increase from the same month last year. Over 170,000 migrants are currently waiting in camps in Mexico.