The Biden Administration has been granted time to appeal a previous district court order that denied the expulsion of asylum-seeking migrant families under Title 42. The order known as Title 42 holds its basis in a largely unknown public health statute. Citing issues with the potential spread of Covid in processing centers, the U.S. Department of Homeland Security (DHS) had been removing asylum-seekers under the statute, without the statutorily required hearings.

The September 2021 ruling was set to go into effect on October 1, 2021, at midnight. The courts will hear arguments in January 2022 to finalize the government policy.

The courts previously blocked DHS from expelling unaccompanied minors on the basis the laws did not actually give the government the authority to expel anyone who made it to the U.S.

If the courts deny expulsions under Title 42, DHS working with Customs and Border Patrol (CBP) will again be required to process migrant families through immigration courts.

The Centers for Disease Control and Prevention (CDC) issued the Title 42 order. Originally, the order authorized the expulsion of asylum-seeking families without immigration court processing. The CDC amended the expulsion policy to exclude unaccompanied minors in July 2021. The Biden administration continues to support Title 42 expulsions and the validity of Title 42.

The Administration cites concerns over the doubling of family units at the borders from May to August 2021 as the basis for quick expulsion. If Title 42 expulsions are not upheld, the CBP expects the numbers to increase sharply, furthering concerns over the spread of disease.

We continue to monitor immigration policy. If you have questions about asylum or any other immigration-related issue, contact us at ILBSG. We put our expertise to work for you.

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