Title 42, a provision primarily used to remove migrants at the nation’s southern border in the interest of public health, has now officially been stopped by the order of a federal judge.
In his opinion on Tuesday, Judge Emmet Sullivan of the United States District Court for the District of Columbia noted that using the Trump administration’s policy to turn away migrants under the Administrative Procedures Act was arbitrary.
Title 42 was enacted in 2020 in order to prohibit migrants from entering the country during the COVID epidemic.
The strategy has now come under fire from a number of groups, the Biden administration in particular.
The ACLU and a collection of other groups filed a lawsuit in July 2021 to halt the program, claiming that Title 42 was an illegal interpretation of the Public Health Service Act.
The Biden administration attempted to discontinue the program earlier this year, but Republican-led states fought to keep it in place.
The most recent verdict now demands that the practice be stopped unless a later ruling modifies the outcome.
The Biden administration has asked the judge to allow the injunction to take effect in five weeks.
The decision follows statistics from Customs and Border Protection (CBP) that showed 230,678 migrant interactions at the southern border in October.
On Tuesday, Abbott cited the Attack Clauses of the United States and Texas Constitutions to allow the state to better protect itself against invasion.
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