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Central American migrants being expelled from the U.S. on March 29, 2021. Photo: HERIKA MARTINEZ/AFP via Getty Images

The ACLU is returning to court with the Biden administration over the U.S. government's continued use of Title 42 — a public health order that's allowed border officials to turn back migrant families to Mexico without the chance for asylum.

Why it matters: The administration had plans to end the Trump-era policy last month but reconsidered because of renewed concerns around the coronavirus, including the Delta variant. Biden's refusal to end the policy has frustrated Democrats and immigration advocates.

What they're saying: "The administration said it just needed a little bit of time to repair the damage done to the asylum system by the Trump administration," the ACLU's lead attorney on the case Lee Gelernt told Axios. "It’s now been seven months and there is no end in sight to the Title 42 policy."

  • "The Biden administration left us with no choice but to seek an injunction for families.
  • "We were making progress in the negotiations, getting thousands of families to safety through the exemption process we created. But minimizing the damage of the Title 42 policy was never the goal; it was ending it completely."

What to watch: Until now, the Biden administration has worked with the ACLU to allow for some families to pursue humanitarian exemptions, but Gelernt said the administration will end that after Aug. 9.

  • Meanwhile, the administration is reportedly facing resistance from Mexican officials about continuing Title 42, and AP reports that two prominent advocacy organizations have stopped working with the Biden administration on humanitarian exceptions over concerns over Title 42.

Go deeper

Surgeon general: Biden administration "prepared to defend" vaccine mandate

Vivek Murthy. Photo: Samuel Corum/CNP/Bloomberg via Getty Images

Surgeon General Vivek Murthy took to ABC's "This Week" on Sunday to defend the Biden administration's plan to institute a vaccine mandate for companies with more than 100 workers, calling the measure "appropriate and necessary," and adding that the administration is prepared to fight legal challenges to implementation.

Why it matters: The vaccine mandate is already facing a plethora of such legal hurdles. A three-judge panel on the 5th U.S. Circuit Court of Appeals on Saturday stayed enforcement of the private-employer vaccine mandate in an unsigned order that cited “grave statutory and constitutional issues.”

First look: Top Republicans demand nuclear questionnaire

Secretaries Blinken (third from left) and Austin (right) attend a Cabinet meeting with President Biden. Photo: Saul Loeb/AFP via Getty Images

Top House Republicans are calling on the Biden administration to provide the questions and answers to a survey in which U.S. allies reportedly expressed grave concerns about a potential policy shift limiting the conditions under which the U.S. might use nuclear weapons.

Why it matters: The Biden administration is conducting a major nuclear posture review. It will have implications for both allies and strategic competitors like Russia and China, which are modernizing and expanding their nuclear arsenals.

Updated 58 mins ago - Economy & Business

Hybrid work now dominates the knowledge economy

llustration: Eniola Odetunde/Axios

For the first time since the start of the pandemic, most knowledge workers are in hybrid work arrangements, partly remote and partly in-office, a new survey finds.

By the numbers: 58% said they now work this way, in a survey of around 10,000 knowledge workers from the U.S., Europe, Australia and Japan, conducted last November by Future Forum, a research group backed by Slack.