Expulsions of Immigrants May Continue Under Title 42

 Posted on June 08, 2022 in Immigration

Since March of 2020, immigration officials have used a rule known as Title 42 to expel many immigrants who have entered the United States illegally without going through the standard deportation procedures. Title 42 was implemented by the administration of President Donald Trump, and it was put in place in response to the COVID-19 pandemic with the stated intent of preventing the spread of infections by people entering the United States from other countries. While the administration of President Joe Biden has announced that it intends to lift this policy, a recent ruling by a federal judge in Louisiana has put a halt to these plans.

Judge Orders Title 42 to Remain in Place Throughout the United States

When the Biden administration announced in April of 2022 that it planned to lift Title 42, several states filed a lawsuit against the administration seeking to keep the order in place. They claimed that lifting the order would force the states to use taxpayer money to address issues related to illegal immigrants, including for law enforcement, healthcare, and education, and this would constitute “irreparable harm.” Judge Robert Summerhays of the U.S. District Court for the Western District of Louisiana, who was appointed by Donald Trump, agreed, and he issued a preliminary injunction preventing the administration from lifting Title 42.

The primary reason for the judge’s order involved arguments by the states that the administration had failed to follow the proper procedures regarding federal rules. Specifically, the administration did not post a public notice of the planned rule change that would allow for public comments. The judge also stated that keeping Title 42 in place would best serve the interests of the public.

Even though the stated reason for Title 42 was to address concerns related to the pandemic, scientists from the Centers for Disease Control and Prevention (CDC) stated from the beginning that it would not be an effective method of slowing the spread of infections. As the pandemic continues to recede, public health officials have stated that these protections are even less necessary. With Title 42 in place, the U.S. has denied entry to many immigrants seeking asylum. Advocates for immigrant rights have raised concerns about how this policy has affected people’s safety, and one organization identified almost 10,000 incidents of violent crimes such as kidnapping, torture, or sexual assault that have affected immigrants who have been expelled from the United States.

While around two million expulsions have taken place under Title 42, many of these cases have involved immigrants who have entered the United States and been expelled multiple times. In fact, under Title 42, the percentage of immigrants who have been apprehended by immigration officials multiple times has grown from 7 percent to 27 percent. To ensure that the United States will be able to comply with international law and continue granting asylum to those who are seeking protection, the Biden administration is planning to appeal Judge Summerhays’ ruling and proceed with the process of lifting Title 42.

Contact Our Irving Immigration and Humanitarian Relief Attorneys

Even though Title 42 remains in place for the time being, immigrants who plan to come to the United States may have options, and they can protect their rights by working with an attorney who can help them determine the forms of humanitarian relief that may be available. John W. Lawit, LLC has provided representation for immigrants from around the world, and we can help a person or family take the proper steps to help ensure that they will be safe from harm. To learn more about how we can help in these situations, contact our Carrollton asylum lawyers at 214-609-2242.

Sources:

https://www.nytimes.com/2022/05/20/us/title-42-border-migrants-court.html

https://www.texastribune.org/2022/05/20/title-42-border-judge-ruling-migrants/