Judge Bars Biden from Deporting Immigrant Families Under Title 42
Biden can no longer expel immigrant families under Title 42
On Thursday, September 16, a federal judge for the District of Columbia released his verdict, in a 58-page document, regarding Title 42 as a means to expel immigrant families in border territory.
In his ruling, the federal judge ordered the Biden administration to stop using Title 42 to deport immigrant families without giving them the opportunity to apply for political asylum in the US.
To understand the issue at hand, it is important to explain a couple of things:
- Title 42 is an extensive statute of the US code that is primarily focused on public health and the measures that can be taken in the event of a health emergency such as the global Coronavirus pandemic. Broadly speaking, this statute allows for the use of tools such as quarantine and social distancing.
- In 2020, in the midst of the first massive outbreak of COVID-19 in the North American territory, former President Trump’s administration employed Title 42 to ban migrants from entering the US and conduct express deportations on health emergency grounds.
- Current President Joe Biden has also used Title 42 since January 2021 to expel migrants without giving them an opportunity to submit their cases.
According to the judge’s verdict, Title 42 does not involve or authorize expedited deportations, nor does it allow the country to deny the opportunity to apply for international protection to immigrant communities that need it most.
Important Note
The judge’s ruling will take effect in 14 days. In the meantime, the Biden administration must reorganize border protocols to end express deportations.
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Express deportations amid the health crisis
Express deportations through Title 42 have been common since the sudden arrival of the global Coronavirus pandemic.
However, until now, it was uncertain whether this statute actually allowed for the immediate removal of vulnerable immigrants, which also includes families arriving at the borders with minors.
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A major victory for immigrant rights advocates
The federal judge’s verdict regarding deportations of immigrant families on health emergency grounds is a major victory for certain humanitarian organizations, activist groups and immigrant rights advocates who have challenged both the Trump administration and the Biden administration through multiple legal processes.
They have openly stated that using Title 42 to expel immigrants in dire need of international protection is inhumane, ineffective and unnecessary.
The success of your immigration process could be just a phone call away. Feel free to Contact Motion Law Immigration and ask for your FREE consultation with our expert attorneys, who have vast experience when it comes to all kinds of immigration proceedings and have surely helped many people in the same situation as you.
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