Judge issues nationwide injunction barring US from lifting Title 42, drawing criticism from human rights advocates.
A judge in the United States has blocked the Biden administration’s plan to end a contentious immigration policy that allows US authorities to turn away most asylum seekers arriving at the country’s southern border with Mexico.
US District Judge Robert Summerhays issued a nationwide injunction on Friday barring US President Joe Biden’s administration from lifting the policy known as Title 42. It was expected to be rescinded on May 23.
“That means Title 42 will not end anytime soon,” Aaron Reichlin-Melnick, senior policy counsel at the American Immigration Council, tweeted.
The ruling comes after two dozen US states sued the administration to end the use of Title 42 by May 23, arguing that it should remain in place because proper consideration was not given to likely increases in border crossings and other issues.
🚨We have a decision in the Title 42 case! To no surprise, Judge Summerhays has blocked the CDC from ending Title 42 on May 23, granting the plaintiff states’ preliminary injunction on a nationwide basis.
— Aaron Reichlin-Melnick (@ReichlinMelnick) May 20, 2022
Former US President Donald Trump’s administration first invoked Title 42 in March 2020 as COVID-19 swept through the country, arguing it aimed to help prevent the spread of the virus.
But last month, the US Centers for Disease Control and Prevention (CDC) said the measure was “no longer necessary”, and the Department of Homeland Security said it would end its use at the border.
More than 1.9 million Title 42 expulsions have been carried out since the restriction was put in place, with the vast majority of asylum seekers quickly expelled back to Mexico or their countries of origin without the chance of applying for asylum in the US.
Rights advocates and immigration experts have been calling on the Biden administration to end the use of Title 42, which they said violates US and international law and puts already vulnerable asylum seekers at risk of kidnapping, torture, rape and other violence in Mexico.
Human rights groups denounced Friday’s ruling as an affront to the right to seek asylum.
“This lawsuit only serves to prevent vulnerable families and children facing unspeakable violence, persecution, and exploitation from exercising their legal right to seek asylum,” said Krish O’Mara Vignarajah, president of Lutheran Immigration and Refugee Service (LIRS), a resettlement agency.
“Beyond the devastating humanitarian impact of Title 42, the ruling also fails to recognize well-established domestic and international law. Seeking asylum is a legal right, and yet this bedrock of the American legal system is quickly eroding at a time of unprecedented need,” Vignarajah said in a statement.
Al Otro Lado, a migrant support and advocacy group that works in the southern US and Mexico, also denounced the decision as extending suffering at the border.
“Parents are sending their children across the border alone to save their lives. This is #Title42 + its extension only means indefinite suffering,” the group said on Twitter.
For their part, several Republican officials hailed the ruling, painting it as a setback for Biden’s immigration plans, which they said aim to weaken border security.
Senator Bill Cassidy, who represents Louisiana, invoked his support for Judge Summerhays’s nomination under former President Trump in welcoming the decision.
“A Louisiana judge just halted Biden’s disastrous plan to make the border crisis worse by repealing Title 42. We need to give Border Patrol the tools they need to secure the border, not take them away,” he wrote on Twitter. “Proud to say I supported Judge Summerhays’ nomination.”
The Biden administration did not immediately comment on the judge’s ruling, but it is expected to appeal.