US immigration policy upheld, but with limits

US President Joe Biden has been given the green light to continue expelling migrant families caught crossing the US-Mexico border, by a federal appeals court. However, the court ruled that those set for expulsion from the US cannot be sent to countries where they could be subject to persecution or torture. 

The ruling, delivered by a three-strong panel of judges at the US Court of Appeals for the District of Columbia Circuit, allows the Biden administration to keep US immigration restrictions in place first implemented by former US President, Donald Trump, in the early stages of the COVID-19 pandemic.

The legality of the expulsion policy, known as Title 42 has been challenged by a group of migrants affected by it with the help of the American Civil Liberties Union (ACLU) and other non-profit organizations.

Expulsions allowed

The court ruled that ‘migrants covered by the policy likely have no right to be in the United States, and the Biden administration can immediately expel them’.

However, the court added: “The administration cannot remove aliens to a country where their life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group or political opinion or to a country where they will likely be tortured.”

Meanwhile, the US Department of Justice (DoJ) has declined to comment on the ruling.

Biden fights to retain Title 42

Despite overturning many of Trump’s controversial US immigration policies, Biden fought to retain Title 42, which was first issued by the US Centers for Disease Control and Prevention (CDC) in March 2020 as a pandemic-related health measure.

However, many Biden officials, several health experts and US immigration supporters have opposed Title 42, claiming that it unlawfully cuts off access to US asylum and is not supported by scientific evidence.

Nevertheless, according to official data, US immigration officials have expelled more than 1 million immigrants under Title 42.

The court’s ruling raises the possibility of the US government having to screen people crossing the US-Mexico border to determine whether or not that a person caught crossing into the US has a genuine fear of persecution or torture if deported.

Aaron Reichlin-Melnick, policy analyst with the American Immigration Council - a pro-immigration group – said: “Having to conduct such screenings would make it challenging for the Biden administration to continue large-scale expulsions of families at the border.”

Title 42 initially scrapped

In September 2021, a federal judge ruled that the Title 42 policy could not be applied to families. However, in a surprising move, the Biden administration appealed the judge’s decision.

In the early part of his presidency, Biden did exclude unaccompanied children from being subjected to the policy. However, in a separate decision, a federal judge in Texas ruled that the US government could no longer uphold such an exemption. The Biden administration has seven days to appeal this decision.

In 2021, US border arrests soared to record levels and stand to climb even higher this year, according to US officials.

US midterms

Ahead of the US midterm election on November 8, 2022, Republicans have made US immigration a primary focus as they seek to regain control of Congress from Biden’s Democratic party.

A Republican majority in Congress could do damage to Biden’s legislative agenda in the future.

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