Title 42 as a means to deport migrants

In 2020, when the global Coronavirus pandemic suddenly reached the US, then President Donald Trump, like many leaders across the world, implemented unconventional measures to mitigate the impact of the health crisis and protect the local population.

Among these unconventional policies, the Trump administration gave the green light to immigration agencies such as ICE (Immigration and Customs Enforcement) and CBP (Customs and Border Protection) to use Title 42 as a means to close the borders and deport undocumented immigrants in a matter of hours, without giving them an opportunity to present their cases.

Broadly speaking, Title 42 is a lengthy statute of the US Code that allows for certain emergency measures to be implemented in light of a sanitary crisis that might threaten public health such as the Coronavirus pandemic.

Under this statute, immigration enforcement entities have returned the vast majority of immigrants apprehended in the border territory since early 2020, stating that allowing the mass influx of foreigners could unleash another massive outbreak of COVID-19 in the US.

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Legal processes against Title 42

Naturally and unsurprisingly, several humanitarian organizations and activist groups have challenged Title 42 in different courts, stating that it is an arbitrary measure that bans vulnerable immigrants from filing their cases at the borders and seeking international protection in the US, which should be their right.

In fact, to give a specific example, in mid-September 2021, a federal judge for the District of Columbia responded to a lawsuit and ordered the Biden administration to stop using Title 42 to expel immigrant families at the border territory.

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Court of Appeals allows Title 42 in the midst of health care crisis

On Thursday, September 30, the Court of Appeals for the District of Columbia granted the Biden administration’s request to pause the federal judge’s order regarding the removal of immigrant families under Title 42.

The Court of Appeals gave the green light for the Biden administration to continue using Title 42 in the border territory to expel migrants coming with minors, stating that this order could protect public health and prevent another massive outbreak of Coronavirus in the US.

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The professional guidance you seek for your immigration case!

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