Biden Administration Ordered to Stop Using Trump-Era Expulsion Rule

Court Orders an End to Trump-era Rule

The Biden administration must cease the use of a provocative public health law that speedily deports migrants at the United States border. On Thursday, United States District Judge Emmet Sullivan ordered a preliminary injunction, prohibiting the Biden Administration’s use of Title 42. Additionally, a stay of fourteen days was issued on the injunction, allowing the administration time to either appeal the ruling or let the order stand. Under the guise of Title 42, border authorities have removed nearly 1.1 million migrants, a majority under Biden’s tenure. Former President Trump initially implemented the policy in March of 2020 over concerns of the Coronavirus outbreak. His successor renewed the policy in July in opposition to immigration advocates. 

The American Civil Liberties Union, and other human rights groups urged the Biden Administration to strike down the Trump-era policy ever since January. As Biden sidelined the concerns, and negotiations fell apart the ACLU went forward with filing suit requesting to overturn the public health justification to expel migrants.  

What is Title 42?

Title 42 grants the United States Border Patrol and Customs enforcement agencies the authority to rapidly expel migrants who pose public health risks.

The rule extends border officials unchecked authority that hinders a migrant’s right to due process. As a result, thousands of migrants are subsequently forced to return back home to conditions that may jeopardize their safety. Although concerns of Covid-19 remain highly important to the administration, it cannot simply turn a blind eye to migrants. The United States’ role is crucial to protecting the rights of migrants. 

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