Judge grants five-week delay before ending Title 42


A federal judge agreed “WITH GREAT reluctance” on Wednesday to give the Biden administration an additional five weeks to wrap up the Trump-era Title 42 policy, as law enforcement officials and immigration experts warned that lifting the order could result in the flooding of 18,000 migrants. across the US-Mexico border every day.

After Senior U.S. District Judge Emmet Sullivan overturned the policy on Tuesday, calling it “arbitrary and capricious” and a violation of federal regulatory law, the Justice Department asked for a stay until Dec. 21 to give the administration time to put an end to the policy.

“This transition period is essential to ensure that [the Department of Homeland Security] can continue to carry out its mission to secure the Nation’s borders and conduct its border operations in an orderly manner,” the government lawyers wrote.

Sullivan, an appointee of former President Bill Clinton, granted the administration’s request on Wednesday to allow DHS to mobilize resources and work with local and state governments and nonprofits during the transition. .

Migrants from Nicaragua, Peru, El Salvador and Guatemala wait to be processed by border authorities on May 31, 2022, after crossing into Texas.

But Sullivan said he granted the request “WITH GREAT REluctance,” writing the sentence in all caps.

DHS said in a statement it will use the five weeks for an “orderly transition to new border policies.”

“While the reprieve is in effect, DHS will continue to treat individuals in accordance with CDC Title 42 Public Health Order and deport single adults and family units encountered at the Southwest Border,” reads the press release.

U.S. District Court Judge Emmet Sullivan granted the Biden administration's request a five-week grace period before terminating Title 42,
U.S. Senior District Judge Emmet Sullivan granted the Biden administration’s request a five-week grace period before terminating Title 42.
US courts

Sullivan noted that the American Civil Liberties Union, which filed the Title 42 lawsuit on behalf of a group of asylum seekers, did not object to the stay.

The Trump administration passed Title 42 in March 2020 to allow border officials to immediately deport migrants at the onset of the COVID-19 pandemic without hearing their claims first in order to prevent the spread of the deadly virus.

Since then, the controversial policy has been used to deport more than 2.3 million migrants at the US border, according to Customs and Border Protection.

The ban was mainly used against migrants from Mexico and the Central American countries of Guatemala, Honduras and El Salvador, as Mexico allowed them to stay in the country until their applications for asylum can be resolved in US courts.

Migrants get out of a Border Patrol van after being arrested May 31, 2022 in Texas.
A migrant exits a Border Patrol van after being arrested May 31, 2022 in Texas.

Last month, faced with an influx of migrants fleeing Venezuela, the Biden administration expanded Title 42 to cover them as well.

The administration also urged Mexico to take in more Venezuelans after a federal judge in Louisiana denied its request to lift Title 42 restrictions in May of this year.

The conservative Center for Immigration Studies, reacting to Sullivan’s order, warned that the crossings are “about to get worse” and cited a Washington Post report from March that said the administration fears up to to 18,000 migrants “a day”. [could] cross the southwestern border” – a total that equates to 540,000 per month and nearly 6.5 million per year.

A group of migrants, mostly from Venezuela, walk past Border Patrol agents after being arrested near El Paso, Texas on September 14, 2022.
A group of migrants, mostly from Venezuela, walk past Border Patrol agents after being arrested near El Paso, Texas on September 14, 2022.

“This… would effectively end any hope of controlling the border. In fact, it would end the border like any kind of border,” Andrew Arthur, a colleague at the center, wrote on Wednesday.

Border authorities stopped just over 230,000 migrants at the border last month, a 40% increase from October 2021.

Brandon Judd, head of the National Border Patrol Council, told The Post on Tuesday that ending the policy could trigger an “explosion” of migrants trying to enter the United States.

“All we have to do is watch the Venezuelans. Everyone we could at title 42, we saw a drastic drop in that population [at the border]said Judd.

“Now that Title 42 is gone, we can expect the Venezuelan population to rise very high,” he continued. “And all the other populations that we exercise title 42 on, we can expect a complete explosion.”

After Sullivan’s order, the the union tweeted Wednesday that a “massive new wave of illegal aliens…will hit our country is brought to you courtesy of the ACLU.”

Noting the reprieve, the union also fired on the Biden administration, saying it was “caught with its pants down” by Sullivan’s order and was “leading from behind, as always.”


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