US Republicans push to keep strict Covid border laws

A judge ruled that the controversial Title 42 restrictions on asylum seekers should be scrapped

Venezuelan migrants in El Paso, Texas
Venezuelan migrants camping on the border with the US at El Paso, Texas
(Image credit: Carlos Ernesto Escalona/Anadolu Agency via Getty Images)

Fifteen US states are fighting to retain border restrictions introduced during the Covid-19 pandemic after a judge ruled that the policy was unlawful.

In his verdict, Sullivan said the policy “forced migrants to return to countries where some of them might face grave danger”, but there are now fears “thousands more people” will make their way to cross the US southern border, said The New York Times (NYT).

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The 15 states, which are Republican-led, made a motion to intervene with a federal judge on Monday night arguing that an increased flow of migrants would “impose financial burdens” on whichever states they end up in. Title 42 has allowed states on the southern border to “turn back migrants at the border before they could make asylum claims”, wrote NBC News. It has been used “2.4 million times over the course of more than two and a half years”, said Axios.

The intervening states said President Joe Biden had admitted “surrender’’ in allowing Title 42 to be lifted. But “it is not clear that the Biden administration does not plan to appeal the order”, said the NYT, after it was able to secure a “delay in its implementation” until 21 December.

With Title 42, there could be “18,000 people crossing the border per day”, wrote the New York Post, “almost triple current levels”. It said that the majority of people crossing the border originate from “Colombia, Venezuela and other areas of central and South America”.

American Civil Liberties Union lawyer Lee Gelernt said it was “hypocritical” of the appealing states to “demand Covid-19 restrictions for asylum seekers when they had opposed such restrictions in their own states in the past”, said the NYT.

Richard Windsor is a freelance writer for The Week Digital. He began his journalism career writing about politics and sport while studying at the University of Southampton. He then worked across various football publications before specialising in cycling for almost nine years, covering major races including the Tour de France and interviewing some of the sport’s top riders. He led Cycling Weekly’s digital platforms as editor for seven of those years, helping to transform the publication into the UK’s largest cycling website. He now works as a freelance writer, editor and consultant.