The Court of Appeal authorizes the resumption of the evictions under Title 42



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A federal appeals court in Washington, DC, ruled Thursday that the Biden administration can resume use of Title 42, a Trump-era public health provision that allows authorities to quickly deport migrants crossing illegally crossing the border due to concerns related to the COVID-19 pandemic.

The court granted the temporary suspension days after Biden officials appealed a ruling by U.S. District Judge Emmet Sullivan, who determined that the administration’s use of Title 42 to evict families was likely illegal. Sullivan had ordered the government to stop using Title 42 by the end of the month, although his ruling did not apply to individuals.

The appeals court ruling means the Biden administration will be able to implement Title 42 to deport the migrants while the case is still pending. Federal officials have argued that the measure is necessary to prevent the spread of COVID-19 amid an unprecedented increase in border crossings, but immigration activists say it is unnecessary and harms families seeking assistance. ‘asylum.

“If the Biden administration is serious about treating asylum seekers humanely, it should end this lawless policy and withdraw its appeal,” said ACLU lawyer Lee Gelernt. “We will continue to fight to end this illegal policy.”

Earlier this month, the Biden administration cited Title 42 to quickly deport thousands of Haitian refugees camped in Del Rio, Texas. The move drew fierce criticism from immigration activists and some Democratic lawmakers.

Customs and border protection reported more than 200,000 encounters of migrants at the southern border in August alone, an increase of 317% from the previous year. Of the total, 93,414 migrants, or over 44%, were deported under the provision of Title 42.

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Title 42 was first introduced under former President Donald Trump in March 2020. Republican lawmakers, including Texas Senator Ted Cruz, have argued that the measure should be made permanent amid an increase in cases caused by the delta variant and other COVID-19 strains.

Bill Mears of Fox News and Associated Press contributed to this report.

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