A federal judge hears arguments this Friday on whether the Administration chaired by Joe Biden can lift Title 42 on May 23, a health policy that has denied hundreds of thousands of immigrants the possibility of entering the United States, citing the danger of the COVID-19 pandemic.
The rule, launched by former President Donald Trump, has allowed the expulsion of 1.8 million immigrants since March 2020.
The Administration's plan to end Title 42 was announced by the Centers for Disease Control and Prevention (CDC) on April 1 and has drawn criticism from Republicans and some Democrats who fear a flood of new immigrants.
Migrants, mostly Cubans expelled from the United States and returned to Mexico under Title 42, walk towards Mexico on the Lerdo Stanton international border bridge, in this image taken from Ciudad Juarez, Mexico on May 3, 2022. REUTERS/Jose Luis GonzalezJOSE LUIS GONZALEZ/REUTERS
Louisiana, Arizona and Missouri rushed to sue and were later joined by 18 other states in the legal challenge being discussed Friday.
Texas sued independently.
[Federal Judge Temporarily Blocks Biden Administration from Removing Title 42 Before May 23]
District Judge Robert Summerhays, in Lafayette, Louisiana, is in charge of the case.
After the Administration acknowledged last month that it had already begun to lift the pandemic restriction by processing more migrants under immigration law instead of Title 42, Summerhays ordered the phase-out halted.
Appointed by former President Donald Trump, Summerhays wrote last month that removing the restrictions by May 23 would inflict “sunk costs on health care, law enforcement, detention, education and other services” on states. who seek to keep the policy in force.
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He also said the Administration likely did not follow federal rulemaking procedures in planning to end the policy on May 23.
Friday's arguments concern the possibility of keeping the restrictions in place beyond May 23 while the litigation continues.
It is unclear how quickly Summerhays will rule.
[USA. expels Cubans and Nicaraguans for Title 42 after an agreement with Mexico]
On the other hand, Congress presents another potential roadblock to ending Title 42.
Several moderate Democrats have joined Republicans
in expressing concern that authorities are unprepared for the anticipated influx of immigrants.
The sheer number of illegal crossings has encouraged some Republicans to try to make the border and immigration an election-year issue.
US authorities detained immigrants more than 221,000 times at the border with Mexico in March, the most in 22 years, though many of them were repeat offenders because Title 42 carries no legal or criminal consequences.
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The authority of Title 42 has been applied unevenly across nationalities.
Mexico has agreed to admit migrants from Guatemala, Honduras, El Salvador and Mexico, and a limited number of Cubans and Nicaraguans.
High costs, strained diplomatic relations and other considerations have made it difficult to expel migrants from other countries, who must be airlifted home.
Title 42 is one of two major surviving policies from the Trump era to deter asylum at the border.
Last month, the Supreme Court heard arguments over whether to allow the United States to force asylum seekers to wait in Mexico for hearings in US immigration court.