The Joe Biden government defended this Wednesday in federal court its continued use of the health regulation known as Title 42, which has denied entry to the United States to more than a million asylum seekers since it came into force.
The measure, promoted by former President Donald Trump in March 2020, was defended by a lawyer from the United States Department of Justice, who said that suspending it would endanger public health.
"The sudden suspension of the application of Title 42
could increase the spread of the coronavirus within Border Patrol facilities
, and poses a serious danger to public health," argued Sharon Swingle before the United States Court of Appeals for the District of Columbia. .
The lawyer admitted that migrants forced to remain in Mexico or Central America are left in "horrible circumstances."
Although Biden canceled some parts of that policy that Democrats have described as anti-immigrant, his Administration continues to use it under the pretext of the pandemic.
A Washington court ruled in favor of continuing to remove immigrants under Title 42
Oct. 1, 202100:20
The lawyer said that a judge was wrong to block the policy previously and that federal law gives the Centers for Disease Control and Prevention (CDC) the power to respond to the changing circumstances presented by a pandemic.
Under Title 42, migrants are expelled to Mexico expeditiously, without the possibility of a judge reviewing their case or processing an asylum application.
There are some exceptions for minors traveling without adults and for families with small children.
Last year, the American Civil Liberties Union (ACLU)
challenged this policy.
Lee Gelernt, an attorney for the ACLU, criticized that while the CDC has considerable power to issue public health directives,
that does not allow it to violate
the United States' obligation
to help migrants
fleeing torture or persecution.
