Biden administration to appeal ruling blocking Title 42 immigration policy

• The Department of Homeland Security still expects Title 42 to lift on Dec. 21 per the earlier ruling, a Biden administration official told Axios, and the appeal is not an attempt to keep the controversial authority in place.
• "The CDC made a science-based determination that Title 42 is no longer necessary," the official said.
• The DOJ plans to ask an appeals court to rule that the "CDC was within its legal authority make such a determination – independent of any political influence," the official added.

Catch up quick: District Court Judge Emmet Sullivan granted a request from the DOJ last month for a five-week delay before ending the use of Title 42.

• The stay is in effect from Nov. 15 to Dec. 20.

The big picture: The federal government has used the policy, implemented as a public health initiative in response to the COVID-19 pandemic, to block an unprecedented wave of migrants at the U.S.-Mexico border.

• The Biden administration said it would end the Trump-era policy policy earlier this year, but a federal judge in a separate case blocked its termination after a group of two dozen Republican-led states sought intervention.

Go deeper: Biden administration eyes border overhaul as Title 42 ends

Editor's note: This story has been updated with additional reporting.