Federal Court of Appeal preserves administration’s ability to use Title 42 to deport migrant families



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Thursday’s decision is a blow to the ACLU, human rights groups, immigration advocates and others who have called the use of Title 42 illegal, inhuman and not justified by public health. The ACLU led the legal challenge urging the Biden administration to stop using the public health authority to deport migrants.

The order issued Thursday is a suspension at the request of the Department of Homeland Security and the Department of Justice, likely delaying further measures for months.

President Joe Biden has been criticized by his supporters for failing to keep his election promises to reverse Trump-era immigration policies. Advocates were outraged by reports that the administration was debating restarting a more humane version of another Trump-era program, the “Stay in Mexico” policy, after a federal judge ruled in August that the administration’s decision to end migrant protection protocols violated the law.

DHS said Wednesday evening that it plans to issue a new memorandum in the coming weeks ending the policy, which requires many asylum seekers to remain in Mexico pending hearings on their claims for refuge in the States. United.

Josh Gerstein contributed to this report.

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