Federal appellate court allows Biden administration to expel migrant families under public health order

The U.S. Court of Appeals in Washington, D.C., sided with the Biden administration on Thursday and halted a lower court's decision that the Department of Homeland Security can't expel migrant families using a public health order called Title 42. The Trump administration had invoked Title 42 at the start of the COVID-19 pandemic to remove migrants from the U.S., ostensibly to prevent spread of the coronavirus. President Biden exempted unaccompanied minors from Title 42 but kept the order in place.
U.S. District Judge Emmet Sullivan had delayed his order until Thursday to give the government time to appeal. The appellate court's stay means Title 42 will likely remain in effect for months.
The American Civil Liberties Union led the legal push to force an end to the Title 42 expulsions. "If the Biden administration really wants to treat asylum seekers humanely, it should end this lawless policy now and withdraw its appeal," ACLU attorney Lee Gelernt said Thursday. "We will continue fighting to end this illegal policy."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Biden administration did move to undo another controversial Trump-era immigration policy, the "Remain in Mexico" policy. Biden had ended the policy, which forced most asylum seekers at the southern border to wait in Mexico while their claims were processed, but another federal judge ordered him to restart the policy in August. On Wednesday night, DHS said it plans to issue a new memorandum terminating the policy.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Today's political cartoons - February 22, 2025
Cartoons Saturday's cartoons - bricking it, I can buy myself flowers, and more
By The Week US Published
-
5 exclusive cartoons about Trump and Putin negotiating peace
Cartoons Artists take on alternative timelines, missing participants, and more
By The Week US Published
-
The AI arms race
Talking Point The fixation on AI-powered economic growth risks drowning out concerns around the technology which have yet to be resolved
By The Week UK Published
-
Ozempic can curb alcohol cravings, study finds
Speed read Weight loss drugs like Ozempic and Wegovy may also be helpful in limiting alcohol consumption
By Peter Weber, The Week US Published
-
New form of H5N1 bird flu found in US dairy cows
Speed Read This new form of bird flu is different from the version that spread through herds in the last year
By Peter Weber, The Week US Published
-
Microplastics accumulating in human brains, study finds
Speed Read The amount of tiny plastic particles found in human brains increased dramatically from 2016 to 2024
By Peter Weber, The Week US Published
-
FDA approves painkiller said to thwart addiction
Speed Read Suzetrigine, being sold as Journavx, is the first new pharmaceutical pain treatment approved by the FDA in 20 years
By Rafi Schwartz, The Week US Published
-
Study finds possible alternative abortion pill
Speed Read An emergency contraception (morning-after) pill called Ella could be an alternative to mifepristone for abortions
By Peter Weber, The Week US Published
-
California declares bird flu emergency
Speed Read The emergency came hours after the nation's first person with severe bird flu infection was hospitalized
By Rafi Schwartz, The Week US Published
-
Bird flu one mutuation from human threat, study finds
Speed Read A Scripps Research Institute study found one genetic tweak of the virus could enable its spread among people
By Peter Weber, The Week US Published
-
Dark chocolate tied to lower diabetes risk
Speed Read The findings were based on the diets of about 192,000 US adults over 34 years
By Peter Weber, The Week US Published