Federal Judge Stops Biden Admin From Using Major Trump-Era Border Policy

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A federal judge in Washington, D.C., ruled Tuesday that the Biden administration cannot use a Trump-era policy to expel illegal migrants.

U.S. District Judge Emmet Sullivan issued a memorandum, barring the Biden administration from using Title 42, which federal authorities use to expel certain illegal migrants to mitigate the spread of COVID-19. During an influx of illegal migrants in the last year, the policy has been responsible for the expulsion of over 1 million during that time period.

“The Court vacates and sets aside the Title 42 policy — consisting of the regulation at 42 C.F.R. § 71.40 and all orders and decision memos issued by the Centers for Disease Control and Prevention or the U.S. Department of Health and Human Services suspending the right to introduce certain persons into the United States; and declares the Title 42 policy to be arbitrary and capricious in violation of the Administrative Procedure Act and permanently enjoins Defendants and their agents from applying the Title 42 policy with respect to Plaintiff Class Members,” Sullivan, who was appointed by former President Bill Clinton, said in his memo.

U.S. Customs and Border Protection officers have already seen a record of over 230,000 migrants in fiscal year 2023.

Sullivan’s action is part of a broader case brought by a group of migrants, who argued that they “would face grave harm if they were expelled without the opportunity to seek humanitarian relief,” against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas in January 2021.

The Biden administration long fought the policy and the Centers for Disease Control and Prevention (CDC) tried to end its use on May 23, before a federal judge stepped in to pause the order.

However, due to a recent surge in illegal migrants coming from Venezuela and Cuba, the Biden administration expanded Title 42 to expel them.

DHS didn’t respond to the Daily Caller News Foundation’s request for comment on the matter.

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