Judge Blocks Title 42, Ending Expedited Expulsions of Immigrants

 Posted on November 28, 2022 in Immigration

On November 15, 2022, a federal judge in Washington, D.C. issued a ruling that will put an end to a policy that has been used by immigration officials over the past few years to expel immigrants without going through the typical deportation procedures. This policy, which is known as Title 42, was put in place by the Donald Trump administration, and its stated purpose was to protect public health and safety during the COVID-19 pandemic. However, it has continued to be used by immigration officials even as the dangers of COVID-19 have receded. Following this change, people who enter the United States may be able to avoid expedited expulsions, and they will be more likely to obtain humanitarian relief through asylum or other means.

Why Is Title 42 Ending?

The Trump administration's stated reasons for implementing the Title 42 policy were to prevent the spread of COVID-19 infections by migrants entering the U.S. The Centers for Disease Control and Prevention (CDC) put this rule in place, stating that quickly expelling immigrants from the country was necessary to protect public safety. However, many human rights advocates believe that the policy was actually a pretext to prevent immigrants from remaining in the United States. 

Title 42 has been used to force immigrants who crossed the border to return to Mexico or other countries, and many people have not been able to apply for asylum or raise other defenses against deportation. This policy has led to massive numbers of expulsions, with nearly 2.4 million people being expelled in the fiscal year 2022 alone. However, because many people are simply released on the other side of the border, they have attempted to re-enter the United States, causing them to be expelled multiple times. This has led to significant safety issues affecting the thousands of migrants who have been expelled, and human rights groups have identified more than 10,000 instances of violence committed against people in these groups.

Judge Emmet Sullivan ordered an end to Title 42 because it was in violation of federal laws that govern the implementation of these types of regulations. Rather than taking reasonable steps to address concerns about COVID-19, the CDC used this policy to force people who were potentially at risk into unsafe situations without considering the harm that this would cause to them or others. In addition, this policy did not actually address its stated goal, since COVID-19 infections were already widespread in the United States at the time it was implemented, and the rates of infection among migrants entering the U.S. were low.

The end of Title 42 will have long-lasting implications for how immigrants are treated at the border. It is likely that more asylum-seekers and other immigrants who have been turned away will have options for obtaining protection against persecution and ensuring that they and their families can seek a safe place to live. However, since more people are likely to attempt to enter the United States, immigration officials have asked for more time to prepare for the end of the policy. Judge Sullivan reluctantly agreed to this request, and his decision will not go into effect until December 21, 2022.

Contact Our Dallas Deportation Defense Lawyers

This ruling is a victory for civil rights groups and immigrant rights advocates, who have long argued that Title 42 violates immigrants' constitutional rights. Several states have challenged this ruling and are seeking to delay or prevent the lifting of Title 42, and how this issue will ultimately be handled remains to be seen. Immigrants who have entered the U.S. and are seeking humanitarian relief will need to understand their rights and make sure they follow the correct procedures, and they can do so with the help of an experienced Euless deportation defense attorney at John W. Lawit, LLC. To learn how we can help with these issues, contact us at 214-609-2242.

Sources:

https://www.cbsnews.com/news/title-42-blocked-immigration-us-mexico-border/

https://www.cnn.com/2022/11/16/politics/title-42-blocked-whats-next-explainer-cec/index.html

https://www.nytimes.com/2022/11/22/us/title-42-border-policy-republican-states.html