Federal judge blocks Title 42 border policy, reopening access for some asylum seekers


A federal judge struck down Title 42, a Trump-era policy that allowed U.S. authorities to expel over a million migrants that crossed the southern border ostensibly to stop the spread of COVID-19, CNN reports.
Title 42 was enacted by the Trump administration at the start of the COVID-19 pandemic. Still, the Biden administration has relied on it to address the increasing number of migrants crossing the U.S.-Mexico border to seek asylum. Before Title 42, officials processed asylum seekers arrested at the border under immigration laws.
Washington, D.C. District Judge Emmet Sullivan found the policy "arbitrary and capricious," violating federal laws. Sullivan sided with asylum seekers represented by the American Civil Liberties Union, deciding that government agencies failed to show how the rule benefited public health. He blamed the Centers for Disease Control and Prevention for "its decision to ignore the harm that would be caused" by the policy. He also noted officials failed to consider alternative options before issuing the order.
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.
In response to the Tuesday court order, the Justice Department and the Department of Homeland Security requested a stay on the ruling for five weeks, according to a court filing. In a statement released after the judge's ruling, the DHS said that if their request is granted, "the delay in implementation of the court's order will allow the government to prepare for an orderly transition to new policies at the border."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Theara Coleman has worked as a staff writer at The Week since September 2022. She frequently writes about technology, education, literature and general news. She was previously a contributing writer and assistant editor at Honeysuckle Magazine, where she covered racial politics and cannabis industry news.
-
Denmark’s record-setting arms purchase raises eyebrows and anxiety
IN THE SPOTLIGHT By eschewing American-made munitions for their European counterparts, the Danish government is bracing for Russian antagonism and sending a message to the West
-
Is hate speech still protected speech?
Talking Points Pam Bondi’s threat to target hate speech raises concerns
-
‘Mental health care is health care’
Instant Opinion Opinion, comment and editorials of the day
-
Why is Trump backtracking on the Hyundai immigration raid?
Today’s Big Question Backlash threatens investment in US manufacturing
-
Koreans detained in US Hyundai raid return home
Speed Read Over 300 Koreans were detained at the plant last week
-
Home Depots are the new epicenters of ICE raids
In the Spotlight The chain has not provided many comments on the ongoing raids
-
House posts lewd Epstein note attributed to Trump
Speed Read The estate of Jeffrey Epstein turned over the infamous 2003 birthday note from President Donald Trump
-
Supreme Court allows 'roving' race-tied ICE raids
Speed Read The court paused a federal judge's order barring agents from detaining suspected undocumented immigrants in LA based on race
-
South Korea to fetch workers detained in Georgia raid
Speed Read More than 300 South Korean workers detained in an immigration raid at a Hyundai plant will be released
-
DC sues Trump to end Guard 'occupation'
Speed Read D.C. Attorney General Brian Schwalb argues that the unsolicited military presence violates the law
-
RFK Jr. faces bipartisan heat in Senate hearing
Speed Read The health secretary defended his leadership amid CDC turmoil and deflected questions about the restricted availability of vaccines