Court sides with Biden administration and for now preserves Covid limits on asylum seekers

WASHINGTON – A federal appeals court sided with the Biden administration on Thursday night in a decision that will allow the Department of Homeland Security to continue to impose Covid restrictions that have barred the majority of asylum seekers from ‘enter the United States this year.

The policy, known as Title 42, was due to be lifted on Thursday under an order from a lower court, but the administration has appealed the decision.

The Trump administration had invoked Title 42, a rarely used clause in public health law, to push immigrants back to the US-Mexico border. The Biden administration had kept the policy in place, but a U.S. district judge this month ruled that the law did not give the power to bar asylum seekers from entering.

Planning to lift Title 42, DHS officials were preparing for a historic border increase of 400,000 migrants in a single month, fearing the new policy would spur even more migrants to come.

In its order, the United States Court of Appeals for the DC Circuit, which said it was granting the Biden administration’s request for an emergency stay, scheduled oral argument for January.

Immigration advocates who have sued the administration to end the policy say it is an execution measure disguised as a public health order.

“If the Biden administration is serious about treating asylum seekers humanely, it should end this lawless policy now and withdraw its appeal. We will continue to fight to end this illegal policy,” Lee Gelernt said. , attorney for the American Civil Liberties Union. who is the lead lawyer in the trial.

Noah Gottschalk, head of global policy for Oxfam America, who is also suing, said: “It is disturbing to see the court uphold the government’s motion to reinstate Title 42 just days after the court in district ruled that its policy violated US law. We have all seen the horrific images of the abuses suffered by Haitian asylum seekers under Title 42, and we cannot allow people to suffer more harm because of this xenophobic policy. “

In recent weeks, the arrival of more than 25,000 Haitian migrants in Del Rio, Texas, has taken DHS by surprise and has pushed border officials into the role of crowd control. Images of government agents on horseback trying to stop Haitians from crossing the river drew strong public criticism and led to an internal investigation.