Oct 1, 2021 - Politics & Policy

Appeals court allows Biden administration to resume Title 42 expulsions

Photo of a crowd of migrants in a detention facility awaiting processing
Migrants are processed at Paso Del Norte International Bridge in El Paso, Texas before being expelled to Mexico under Title 42. Photo: Paul Ratje/AFP via Getty Images

The Biden administration can resume use of a Trump-era policy that allows officials to rapidly expel migrants without chance of asylum, a federal appeals court in D.C. ruled Thursday.

Why it matters: The move will allow the Biden administration to enforce the controversial Title 42 program while it's being litigated. It was recently invoked to deport thousands of Haitian migrants in Del Rio.

Catch up quick: After the ACLU and other civil rights groups sued the Biden administration over the policy, a district judge ordered the government to halt Title 42 expulsions by the end of the month.

What they're saying: The appeals court did not provide details of its reasoning, writing only that the Biden administration has "satisfied the stringent requirements" for staying the district judge's order.

  • "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, the lead lawyer in the Title 42 challenge, said in a statement.
  • "We will continue fighting to end this illegal policy."
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