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Judges say the CDC cannot end the Title 42 rule that allows for the rapid expulsion of immigrants

The Centers for Disease Control and Prevention (CDC) is planning to abolish pandemic-related emergency rules that allow US border guards to expedite immigrants to Mexico or their country for public health reasons. No, a federal judge in the state of Louisiana ruled on Friday.

Judge Robert Summerhays of the US District Court in Lafayette, Louisiana, has issued a temporary injunction to prevent the Biden administration from terminating restrictions. Title 42May 23, when the CDC was planning to suspend approval for border expulsion.

Summerhays, the appointed former President Donald Trump, agrees with the argument presented by the Republican prosecutor’s chief who sued the Biden administration, and is the public health authority established by the CDC during World War II. Said that it was terminated improperly.

Summerhays said in a 47-page ruling that the CDC should have been able to comment on the end of Title 42 before the final decision. “In short, the CDC does not explain how the current situation prevents the CDC from issuing termination orders through the necessary notification and comment process,” he writes. ..

The federal regulatory notification and commenting process usually takes months to complete, so if the Summerhays decision is upheld, the CDC will need to continue to approve the expulsion of the border for some time.

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Immigrants Gladys Martinez submits documents to US Border Guard agents on May 16, 2022, when they arrive at the US-Mexico border wall separating Yuma, Arizona and Argodon, Mexico.

FREDERIC J.BROWN / AFP via Getty Images


The CDC representative did not respond to a request to comment on Friday’s court order. In a statement on Friday, the Justice Department said the CDC’s decision to end Title 42 was a “legal exercise” of its powers and would appeal against Summerhays’ decision. Did.

“The Centers for Disease Control and Prevention (CDC) has exercised its authority under Title 42 because of the unprecedented public health hazards posed by the COVID-19 pandemic,” the Justice Department said. .. “The CDC has now determined in expert opinion that, in the light of current public health conditions, continued reliance on this authority is no longer justified.”

“The authority to set public health policies nationwide should rest with the Centers for Disease Control and Prevention, not a single district court,” White House spokesman Karine Jean-Pierre said on Friday. Border authorities have ruled. Officials also added that Jean-Pierre would continue to prepare for the “final release” of Title 42.

Prior to Friday’s ruling, Summerhays had already issued a temporary restraint order prohibiting the U.S. Department of Homeland Security (DHS) from initiating the phased abolition of Title 42 by the end date of May 23. I did.

Since March 2020, immigrants have been banished from the US-Mexico border more than 1.9 million times under Title 42, which has denied immigrants the opportunity to demand asylum. US law When International Refugee Convention, Government figures Performance.

The Trump administration claims that Title 42 allows the United States to suspend these legal and humanitarian obligations in the event of a pandemic, in order to curb the spread of COVID-19 within border facilities. Said the need for expulsion of migrants and asylum seekers.

According to an analysis of U.S. Customs and Border Protection (CBP) data, the Biden administration has adopted the same argument for over a year, using Title 42 longer and more often than the Trump administration and executing more than 1.4 million immigrants. bottom.

However, in early April, CDC director Rochelle Walensky said expulsion was no longer necessary to curb the spread of the coronavirus as pandemics improved, including increased vaccination rates in the United States and Latin America. ..

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Immigrants from Ciudad Juárez, Chihuahua, Mexico, on May 19, 2022, cross the border to El Paso, Texas.

PAUL RATJE / AFP via Getty Images


Friday’s ruling was a victory for more than 20 states, led by Republican lawyers in Arizona, Louisiana, and Missouri, and filed a proceeding against the CDC’s decision to terminate Title 42.

The state coalition says that the expected increase in the number of immigrants released from U.S. border control when Title 42 is suspended will cause financial damage to them because of the cost of education and other social welfare. Insisted.

Many Democrats and progressive activists praised the decision to end Title 42, but the move raised concerns among centrists. Can be lifted.

Immigrant anxiety along the southern border of the United States has skyrocketed in the proportion of repeated crossing attempts by some adult immigrants attempting to re-enter the United States after being expelled to Mexico in Title 42. It has reached record levels in the last year.

The U.S. Border Protection stopped 1.3 million immigrants in fiscal year 2022, which began in October, and puts the aggregate on track to exceed the record 1.7 million immigrant anxieties reported in fiscal year 2021. I did. CBP data shows.

In an interview with CBS News earlier this week, DHS Secretary Alejandro Mallorcus said the expulsion of Title 42 caused some migrants to cross the border “over and over”. As the United States, traditional deportation.

Mallorcus said the “historical number” of illegal crossings along the US-Mexico border was a swift criminal prosecution of repeated crossers, unsolicited or unqualified immigrants seeking US humanitarian protection. Deportation, and processing that states that asylum cases can be reduced by speeding up rules.

When McAllen visited McAllen, Texas on Tuesday, he said, “We are doing a lot to keep people from going on dangerous journeys and not putting their lives in the hands of smugglers.” ..

Mark Benovich, Attorney General of Arizona, one of the officials who filed a proceeding against the end of Title 42, praised Friday’s decision. “Title 42 is one of the last tools we left in the toolbox to prevent an even bigger flood of illegal immigrants to our country,” Brnovich said. Said..

Defenders of asylum seekers criticized the court’s order and called Title 42 a Trump-era relic designed to prevent immigrants fleeing violence from demanding humanitarian protection in the United States.

“Falsely, the country that filed this case seems to be concerned about COVID restrictions only if asylum seekers are involved and they are using the case as an obvious attempt to enact immigration restrictions. Lee Gelernt, a lawyer for the American Civil Liberties Union, said another case.



Judges say the CDC cannot end the Title 42 rule that allows for the rapid expulsion of immigrants

Source link Judges say the CDC cannot end the Title 42 rule that allows for the rapid expulsion of immigrants

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