Judge blocks Title 42 limits at border – By Myah Ward & Josh Gerstein (Politico) / Nov 15, 2022
Court says that policy restricting immigration due to the pandemic is outdated.
A federal judge has blocked the use of Title 42, a Trump-era policy used to expel more than 1 million migrants at the nation’s Southern border.
U.S. District Court Judge Emmet Sullivan, a Washington-based appointee of President Bill Clinton, said Tuesday the order was “arbitrary and capricious in violation of the Administrative Procedure Act,” arguing that the policy hasn’t been updated to align with the present state of the pandemic, which includes widely available vaccines, treatments and an increase in travel in the United States.
Sullivan’s 49-page opinion says his decision precludes families from being deported based on the Title 42 policy, which sought to exclude many migrants because they could be infected with coronavirus. However, a two-page order the judge also issued Tuesday seems to sweep more broadly, voiding “all orders and decision memos issued by the Centers for Disease Control and Prevention or the U.S. Department of Health and Human Services suspending the right to introduce certain persons into the United States.”
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