Lifting of controversial US immigration policy blocked

A controversial, Trump-era US immigration policy, which was expected to be lifted this month has been blocked by a US district judge. Title 42, which prevents migrants from seeking asylum in the US over COVID fears remains in place, devastating millions of migrants who were led to believe that the restrictions would be lifted.

Nearly two million migrants have been expelled from the US under Title 42, and the judge’s ruling is the latest in a long line of instances where the court has blocked proposed Biden administration immigration policies along the US southern border with Mexico. The Biden government does have the option to appeal.

However, the ruling means that the Title 42 US immigration policy is unlikely to be lifted before the end of May. The delay has come as a blow to immigrant advocates who claim that the rights of asylum seekers are being trampled on. However, some Democrats and the majority of Republicans are relieved that the policy has been upheld.

Illegal immigrant crossings

Those opposed to the scrapping of Title 42 feared a potential rise in illegal immigrant crossings. Democrats in particular said it would put the Party ‘on the defensive’ in what has already been a difficult midterm election year.

The US district judge ordering the block, Robert Summerhays in Lafayette, Louisiana ruled that Title 42 would remain in place while a lawsuit – led by Arizona, Louisiana and recently joined by 22 other states – plays out in court.

The states opposed to the scrapping of Title 42 argue that the Biden administration has ‘failed to adequately consider the effects that lifting the restrictions would have on public health and law enforcement agencies’.

Attorney for the state of Arizona, Drew Ensign, argued at a recent hearing that the US Centers for Disease Control and Prevention (CDC) had ‘failed to follow administrative procedures requiring public notice and time to gather public comment’.

Not a US immigration policy

However, US Justice Department attorney Jean Lin, told the judge that the CDC was ‘empowered to lift an emergency health restriction it felt was no longer needed. Lin said: “The Title 42 order is a matter of health policy, not US immigration.”

Summerhays, who was appointed by former US President Donald Trump, had already ruled in favor of the states by blocking efforts to wind down the use of the pandemic-era rule. Last month, he said that phasing out the policy would ‘saddle states with unrecoverable costs on healthcare, law enforcement, detention, education and other services’.

Title 42 is the second major Trump-era policy to deter asylum at the Mexican border that was ditched by Biden, only for it to be revived by a judge appointed by Trump,

Remain in Mexico

In April, the US Supreme Court listened to arguments presented by the Biden administration on whether asylum seekers should be forced to remain in Mexico prior to US immigration court dates.

That particular case, which challenged the Remain in Mexico policy, originated in Amarillo, Texas. The policy was reinstated in December 2021 on the orders of a judge and still remains in effect while litigation plays out.

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