20+ states ask court to keep Title 42 to send back illegal immigrants

The following is an excerpt from The Hill.

More than 20 states filed a temporary restraining order on Thursday seeking to block the Biden administration from lifting Title 42, a Trump-era policy that allows for the expulsion of migrants at the border and blocks them from claiming asylum.

The motion for a temporary restraining order is part of a lawsuit 21 states have filed against the Centers for Disease Control and Prevention (CDC) in opposition to the administration’s decision to rescind the controversial policy.

The Biden administration rescinded Title 42 earlier this month, but the rule will not be lifted until May 23. It was first implemented in March 2020, at the beginning of the Covid-19 pandemic.

In addition to requesting a temporary restraining order, the filing argues that the Department of Homeland Security (DHS) has already stopped using Title 42 when migrants arrive from Guatemala, Honduras and El Salvador, citing a report from Fox News. 

The plaintiffs said the department is instead processing migrants through Title 8, which is a federal code involving immigration.

“This premature implementation of the Title 42 Termination Order unfortunately means that the irreparable harms that the States sought to avoid through their preliminary injunction motion may already be occurring now,” the filing reads.

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