(Republicaninformer.com)- The Trump administration’s controversial policy allowing for the prompt removal of migrants at the US-Mexico border was blocked by a federal court ruling, and the Biden administration has decided to appeal.
US District Judge Emmet Sullivan disallowed the so-called Title 42 authority last month, but he granted the Biden administration’s request to postpone his decision for five weeks so the government could prepare to abide by it.
The Justice Department informed the court on Wednesday that it intended to appeal.
The Biden administration stated in a court document that it respectfully disagreed with the court’s ruling and would argue that the CDC’s Title 42 Orders were legal and that the court erred in invalidating those agency actions.
Title 42, which has received harsh criticism from public health professionals and immigrant advocates, has significantly changed how asylum is granted at the US-Mexico border.
However, despite having its roots in the Trump administration, Title 42 has evolved into a crucial tool for the Biden White House as it deals with the Western Hemisphere’s mass migration. When the authority is lifted, officials have been preparing for an influx of migrants.
An administration official pointed out that the new filing does not ask the court to reevaluate the decision made by the US Centers for Disease Control and Prevention that Title 42 is no longer necessary. Instead, the Justice Department has made it clear that it wants an appeals court decision to confirm that the CDC’s decision to make such a determination was within its legal authority.
The official added that Title 42 is still being prepared for when it is lifted on December 21 after Sullivan’s temporary suspension of his decision to invalidate the policy.
To defend the Trump administration’s policy, many Republican-led states have asked the court to allow them to intervene in the case challenging the validity of the Title 42 ruling.
The Republican-led states of Arizona, Louisiana, Alabama, Alaska, Kansas, Kentucky, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming are the states that are attempting to defend the Title 42 policy.
A federal judge in April halted the Biden administration’s attempt to terminate the policy after Republicans filed their lawsuit challenging it. The Biden administration is drafting a regulation for notice and comment.