Courts

A Federal Appeals Court Is Being Politely Rushed To Figure Out Title 42’s Enforcement

Waiting in this line might be even worse than waiting at the DMV.

US-POLITICS-IMMIGRATION

(FREDERIC J. BROWN/AFP/Getty Images)

Border control. Trump-era Republicans tend to approach the question as an issue that needs resolving with walls and border patrol on horseback. But this wasn’t always the case: not too long ago, it used to be a question of openness and acceptance — just listen to George H.W. Bush. Try not to hurt your neck from the whiplash of hearing that to reading about the current attempt to reinstate Title 42, allowing officials to kick out immigrants at the US-Mexico border. From CNN:

Nineteen GOP-led states have asked a federal appeals court to rule on their request to suspend the termination of a Trump-era border policy by Friday, according to a court filing.

It’s the latest twist in ongoing litigation over a public health authority, known as Title 42, that was invoked under former President Donald Trump and allows officials to expel migrants encountered at the US-Mexico border.

Last month, a federal judge blocked the use of the authority, but put a hold on the order for five weeks. That hold is set to run out next Wednesday, prompting urgency by Republican states intervening in the case…All parties in the case are asking for a ruling by December 16[.]

Republicans aren’t the only ones gunning for Title 42’s return. Just last week, the Biden administration got pushback for supporting it too. From NY Ledger:

The Biden administration on Wednesday appealed a federal judge’s judgment that ended the Title 42 pandemic policy that permits the federal government to expel unlawful immigrants.

The relocation drew instant condemnation from immigrant-rights activists who stated President Biden is backsliding on his dedication to provide much better treatment for unlawful immigrants, and especially those who wish to declare asylum however are locked out by Title 42…”Today’s statement from the Biden administration is the worst sort of political football,” stated Murad Awawdeh, executive director of the New York City Migration Union. “After safeguarding Title 42 for a year, the administration attempted to end the program this spring. Now that the court has actually discovered using the program to obstruct access to asylum illegal, the Biden administration is trying to make an end-run around our humanitarian responsibilities.”

As important as it is to manage the risk of COVID exposure, there has to be some way of also addressing asylum needs. Being kidnapped is hell enough, but being forced to wait in line as the American government figures out some bureaucratic stuff in its court system is salt in an open wound. Just three days — today until the decision that will hopefully be made by the 16th — will make a world of difference.

Biden Administration Appeals Ruling That Ended Title 42 Border Policy [NYC Ledger]
Legal Fight Over Termination Of Trump-Era Border Policy Intensifies As GOP-Led States Ask Appeals Court To Rule By Friday [CNN]


Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.