On Tuesday, a federal judge voided the Title 42 order, which many Republicans and authorities along our southern border see as crucial to ensuring the nation’s sovereignty, as well as the safety of American citizens. The directive was put in place during former President Donald Trump’s administration, as part of fighting the COVID-19 pandemic.
BREAKING — U.S. Judge Emmet Sullivan voids the Title 42 order that has allowed U.S. border officials to quickly expel migrants, finding it "arbitrary and capricious in violation of the Administrative Procedure Act" pic.twitter.com/E9tzNDtZpq
— Camilo Montoya-Galvez (@camiloreports) November 15, 2022
CBS News reported:
Washington — A federal judge on Tuesday barred federal immigration authorities from using a public health authority known as Title 42 to swiftly expel migrants, blocking the main tool the Biden administration has used to manage an unprecedented migration wave along the U.S.-Mexico border.
Judge Emmet Sullivan of the U.S. District Court for the District of Columbia voided an order issued by the Centers for Disease Control and Prevention (CDC) that has allowed U.S. border officials to expel hundreds of thousands of migrants on public health grounds, saying the edict was not properly enacted.
First issued in 2020 by the Trump administration at the outset of the coronavirus pandemic, the Title 42 policy relies on a late 19th century law designed to stop the “introduction” of contagious diseases in the U.S. Migrants processed under Title 42 are not allowed to request U.S. asylum and are instead summarily expelled from the country.
Tuesday’s ruling stemmed from a lawsuit filed by the American Civil Liberties Union (ACLU), which has argued that Title 42 places migrants in harm’s way and violates U.S. asylum law. Migrants on U.S. soil, including those who cross the border illegally, are permitted to request humanitarian protection.
Readers might remember back in April, when Chip Roy took the opportunity to light up Jerry Nadler about the Biden administration’s signaling its decision to let Title 42 expire the next month. And those on the front lines, like border mayors, have warned for months that the consequences of removing the tool from border authorities’ hands would be reckless to our national security.
No word yet what the senators in battleground/border states like Arizona have to say about this news; Sen. Kyrsten Sinema (D-AZ)’s name comes immediately to mind. But several prominent Republicans have already weighed in on the decision, including former Virginia attorney general and acting deputy homeland security director, Ken Cuccinelli, who responded to the breaking news report by Fox News’ Bill Melugin…
All the more reason @GovAbbott needs to use the state self-defense authority in Art. I, Sec. 10, Cl. 3 to repel those invading Texas and return them back OVER the border, not TO THE BORDERhttps://t.co/Zy2AdzwlNM
— Ken Cuccinelli (@KenCuccinelli) November 15, 2022
…and Rep. Andy Biggs (R-AZ) calls the judge’s ruling “a grave mistake”:
An activist judge legislating from the bench just blocked the usage of Title 42 at the border amid a historic crisis.
This means millions of illegal aliens (many dangerous) will be allowed entry into the country.
This decision is a grave mistake.
— Rep Andy Biggs (@RepAndyBiggsAZ) November 15, 2022