Judge Robert Summerhays is evaluating the arguments for and against Title 42, which allows for the immediate deportation of immigrants seeking asylum in the United States. A final ruling is expected in the coming days.
Summerhays, the Louisiana federal judge in charge of determining the future of that policy, declined to issue a final ruling on the White House's intention to end Title 42. The judge argued that he needs to evaluate the arguments for and against that controversial measure, which was implemented by the Donald Trump administration and which President Joe Biden now wants to end.
Biden had announced that his administration would cancel Title 42 on May 23, because it is a health order, not an immigration order. In addition, the Centers for Disease Control and Prevention (CDC) have given the green light to end immigration restrictions because they consider the pandemic to be under control.
This announcement, however, has sparked strong controversy. Immigrant advocates have applauded it, but Republicans, and even some Democrats, have spoken out against it because they believe that failing to maintain this policy would worsen the migrant humanitarian crisis. The states that support its continuation say the country is not prepared to receive so many migrants.
They also suggest that lifting the Title would put pressure on the health and police systems. Furthermore, advocates argue there is no basis for maintaining the measure, as it is a health policy, not an immigration policy. They also maintain that the CDC has full authority to lift an emergency health restriction that they no longer consider necessary.
While the final ruling is pending, the government reiterates that, for now, it is moving forward with measures to address a possible increase in the arrival of migrants if it can finally end that policy starting on the 23rd of this month.
One of their plans is to "significantly expand" expedited deportations, senior government officials have said, referring to the rigorous enforcement of Title 8 of the Immigration and Nationality Act (INA), a separate procedure, but one guaranteed under the respect for due process of immigration.
Ultimately, what is clear is that both Republicans and Democrats are concerned that the Biden administration is not prepared to receive the enormous influx of immigrants waiting at the Mexican border to enter the United States.
Now, a new lawsuit has been filed against the Biden administration asking the same judge who has blocked the repeal of Title 42 to halt the implementation of the Interim Final Asylum Rule or to grant a nationwide preliminary injunction. Arizona Attorney General Mark Brnovic argues that the new policy “largely removes federal immigration judges from the asylum review process and instead grants asylum officers within the Department of Homeland Security (DHS) unprecedented authority to grant asylum to immigrants on a peremptory basis.” This lawsuit was filed Friday by the state of Arizona along with 19 other states.
This news report was compiled using information from Univision and Independent en español.