Biden Administration Appeals Order to End Title 42

The Biden administration has said it plans to appeal the DC federal court’s order to end Title 42, which allowed for the rapid removal of migrants at the border. The Department of Justice has notified the court that it will challenge the November decision with the DC Circuit Court. Title 42 was set to end on December 21, 2022.

Enacted during the Trump administration, Title 42 is a US health code that authorizes border officers to turn away migrants, including asylum seekers, who do not have the required travel documents. The Centers for Disease Control deemed the policy no longer necessary as a public health measure earlier this year.

The order to overturn Title 42 has also been challenged by 15 state attorneys general who allege that the end of Title 42 will be harmful to their states.

Erickson Insights

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