Title 42 must continue on southern US border, judge rules – Riverside, California

Riverside, California 2022-05-20 17:29:41 –

This policy has been in place since the beginning of the pandemic and the goal was to limit the spread of COVID-19.

A federal judge in Louisiana has ruled Title 42 It will block the US government’s plan to end the policy and stay there.

This ruling is just the latest case of a court that upset the president’s proposed immigration policy along the US-Mexico border.

The administration can appeal, but the ruling greatly increases the likelihood that the restrictions will not end as planned on Monday. Delays are a blow to supporters who claim their right to asylum is trampled, and some fear to put them on the defensive in the year of the midterm elections, when the widespread and expected increase in illegal crossroads is already difficult. Relief for Democrats.

Trump-era policies allowed authorities to immediately deport migrants for public health concerns without the opportunity for asylum. COVID-19 (new coronavirus infection).. This policy has been in place since the beginning of the pandemic and the goal was to limit the spread of COVID-19, but CDC scientists have no evidence that the enactment of Title 42 would delay the spread of the virus in the United States. Said.

Immigrants have been banished more than 1.9 million times under Title 42 since March 2020.

Robert Summerhays, U.S. District Judge in Lafayette, Louisiana, to maintain restrictions while proceedings in court, led by Arizona and Louisiana, and currently involving 22 other states. I ordered.

The state argued that the government did not properly consider the impact of lifting restrictions on public health and law enforcement. Drew Ensign, an Arizona lawyer, claimed at a hearing that the US Centers for Disease Control and Prevention did not follow administrative procedures that required time to collect public notices and public comments.

Jean Lin, a lawyer at the Justice Department, told judges that the CDC was empowered to lift urgent health restrictions that it felt no longer needed. She said the order was not an immigration issue, but a health policy issue.

Summerhays, appointed by President Donald Trump, had already ruled in favor of the state by quitting efforts to stop using the rules of the pandemic era. He said last month that the phasing out would saddle the state with “irreparable costs for medical care, law enforcement, detention, education, and other services.”

Title 42 is the second major Trump era policy to prevent asylum at the Mexican border abandoned by President Joe Biden and was revived only by a judge appointed by Trump.

Last month, the US Supreme Court heard a debate over whether the administration would allow asylum seekers to wait in Mexico to await a hearing in the US Immigration Court. In that case, disputing the policy known as “staying in Mexico” began in Amarillo, Texas. It will be revived in December at the order of the judge and will remain in effect while the proceedings are in progress.

What is Title 42?

Title 42 is part of the Public Health Services Act of 1944, which aims to prevent the spread of infectious diseases in the country. According to the law, if the U.S. Surgeon General determines that there is an infectious disease in another country, health authorities have the authority to, with the approval of the President, prohibit “bringing people or property from such countries or places.” I am. As long as the health authorities determine that action is necessary. That authority was transferred from the United States Surgeon General to the Director of the CDC in 1966.

Related: Here’s what you need to know about Title 42, a pandemic-era policy that quickly sends immigrants to Mexico.

Parliament approved a similar law in 1893 during the cholera epidemic that empowered the president to exclude people from certain countries during public health emergencies. First used in 1929 to ban people from China and the Philippines during the outbreak of meningitis.

Why was it activated?

The Trump administration has launched Title 42 for the first time since its inception in March 2020. This is a way to prevent the spread of COVID-19 at immigration detention centers where many immigrants are stationed after arriving at the US-Mexico border.

According to The New York Times, Stephen Miller, senior adviser to former President Donald Trump, pushed ahead with the idea of ​​calling Title 42 at the US-Mexico border as early as 2018, long before COVID-19 appeared. Was there.

As the number of cases of COVID-19 increased in the United States, then CDC director Robert Redfield released Title 42 to block the Canadian-Mexico border for immigrants seeking asylum on March 20, 2020. Enacted.Redfield enacts Title 42 over opposition from CDC scientists who say there is no evidence to slow the spread of the virus in the United States

Dr. Anthony Fauci, the country’s top infectious disease expert, says immigrants have not boosted the number of cases of COVID-19.

What happens when title 42 ends?

The Department of Homeland Security predicts up to 18,000 daily encounters with immigrants (more than double the current average) at the end of Title 42. In anticipation of this increase, authorities have vaccinated immigrants under the control of the U.S. Customs and Border Protection, added 600 CBP agents across the southwestern border, and increased the capacity of federal holding centers from 12,000. Announced plans to increase to 18,000.

Related: “We can’t keep this up.” | Border patrol officials say intersections are expected to surge, whether or not Title 42 ends this month.

Immigration authorities handle arriving immigrants rather than send them directly to Mexico and whether they have a credible asylum case or are eligible for other immigration benefits that allow them to enter the country. To judge. If not, the immigration agent detains the immigrants and transfers them to their home country.

When Homeland Security secretary Alejandro Mallorcus visited McAllen’s Mexican border this week, border guards said they had already seen pre-pandemic levels of traffic in their posts.

Related: Mallorcus visits the Lower Rio Grande Valley to promote federal plans prior to the end of Title 42

The latest federal figures show that migrant arrests are the highest in 22 years.

Texas Governor Greg Abbott says another increase in immigrants will put a strain on resources.

“There is no way local governments or states can assimilate, pay, or deal with the massive migration we will see,” Abbott said.

The Biden administration plans to address the expected rise at the border by adding resources to the southern border, cracking down on human smugglers and vaccination of migrants.

This story will be updated all day.

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