Partial Halt to Removal of Foreigners Under Title 42

A recent Court of Appeals ruling limits the scope of the Title 42 sanity rule. The court’s decision orders a halt to the removal of immigrants at risk of torture or persecution.

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Background on Title 42 enforcement

Title 42 is a rule that seeks to preserve public health against the spread of highly contagious diseases such as the Covid-19 virus.

For this reason, former President Donald Trump ordered the activation of Title 42 in 2020 to mitigate the risks of contagion in the border territory and to the interior of the US.

Importantly, this rule allowed for the removal of immigrants arriving at the border seeking political asylum.

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Criticism of the prolonged use of the rule

On multiple occasions, organizations advocating for immigrant populations have called for the suspension of Title 42, arguing that it does not guarantee the basic rights of people who face risky situations.

Criticism of this rule increased after Texas District Court Judge Mark Pittman ruled that agents could remove minors who arrive unaccompanied at the border.

According to statements of multiple organizations, this determination violates the basic rights of immigrants since it does not provide assistance to minors who arrive in the US.

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Halting removals of people at risk of torture or persecution

Against this backdrop, the US Court of Appeals for the District of Columbia Circuit recently declared that foreigners who may suffer persecution or torture cannot be removed under Title 42.

This decision by the Court of Appeals partially puts an end to the Title 42 rule, primarily the provision of the most criticized rule on the removal of immigrants who need international protection.

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Completing an immigration process is simpler and easier with the advice of professionals

We want to help you fulfill your dreams in the US through the immigration process that best suits your current needs. Therefore, do not hesitate to contact Motion Law Immigration, schedule a FREE Consultation and follow the advice of our expert immigration attorneys, who have vast experience with all kinds of immigration cases and will surely know which is the best alternative for your particular case.

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