US judge rules that Title 42 is illegal

A US judge ruled Tuesday that a COVID-19-era rule used to expel hundreds of thousands of migrants to Mexico, known as Title 42, was illegal, a ruling that could have major implications for Mexico’s border management. USA.

In a 49-page opinion, US District Court Judge Emmet Sullivan said the policy was “arbitrary and capricious” and violated federal regulatory law.

The order known as Title 42 was implemented under the administration of then-President Donald Trump in March 2020 early in the coronavirus pandemic. President Joe Biden continued to use the measure after taking office, expelling immigrants some 2 million times, though many crossed repeatedly.

The US Centers for Disease Control and Prevention (CDC) issued the order, but later, under Biden’s direction, said it was no longer necessary for health reasons.

However, a Louisiana-based federal judge ruled in May that the Biden administration could not end it.

Sullivan of the US District Court for the District of Columbia wrote that the policy was “arbitrary and capricious in violation of the Administrative Procedure Act” in ruling on a case brought by asylum-seeking families.

an uneven measure

The measure has been applied unevenly by nationality, applying mainly to migrants from Guatemala, Honduras and El Salvador, in addition to Mexicans, because Mexico allows them to remain in its territory. Mexico began accepting Venezuelans who are removed from the United States under Title 42 last month, causing a sharp drop in the number of Venezuelans seeking asylum at the US border.

The lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of asylum seekers. ACLU attorney Lee Gelernt said Sullivan’s decision invalidates the Louisiana ruling.

“This is a huge victory for desperate asylum seekers who have been barred from even getting a hearing due to misuse of public laws,” Gelernt said. “Hopefully this ruling will put an end to this horrific period in American history in which we set aside our solemn commitment to provide refuge to those who are persecuted.”

The Department of Homeland Security did not immediately respond to a request for comment from PA.

[Con información de Reuters y The Associated Press]

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