WASHINGTON, November 22 On Monday, a coalition of states led by Republican attorneys general took legal action to retain pandemic border curbs that were just recently ruled unlawful by a United States judge. Their goal is to preserve a policy that allows the government to expel hundreds of thousands of migrants.
Fifteen states approached U.S. District Judge Emmet Sullivan with a request to participate in the ongoing case regarding the regulation, which is referred to as Title 42 and has been in place since March 2020, when the COVID-19 pandemic first started.
The administration of former Republican President Donald Trump was the first to implement Title 42 as a public health policy, and former Democratic President Joe Biden continued the policy after he took office. Title 42 enables U.S. authorities to rapidly send migrants caught at the U.S.-Mexico border back to Mexico or other countries without allowing them to claim asylum in the United States.
On November 15, Judge Sullivan in the District of Columbia determined that the order violated federal regulatory law. In response, the government requested that it be given five weeks to make preparations to terminate the order.
However, the motion submitted by the states has created the conditions for a drawn-out judicial battle, which casts doubt on the continuation of the program. Since President Biden took office in January 2021, a record number of migrants have been captured at the border, and Republicans warn that removing Title 42 will lure even more people across the border.
Following the verdict of Judge Sullivan, the administration of Vice President Joe Biden stated that it was preparing measures to control the border despite the order. Families who were seeking asylum in the United States filed a lawsuit against the government of that country, arguing that returning migrants to Mexico puts them in danger of suffering serious injury.
In their motion to intervene in the case, the states stated that border states like Arizona and Texas would be subject to “increased migrant flows.” Furthermore, the states stated that no matter where the migrants ended up, “they will impose financial burdens on the states involuntarily hosting them.”
If Judge Sullivan grants the states permission to participate in a case, those states will have the opportunity to appeal his judgment to declare the policy unconstitutional before the United States Court of Appeals for the District of Columbia Circuit. The states also have the option of bringing their case before the United States Supreme Court, which is comprised of a more conservative majority of justices.
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