FederalHealthcareImmigration & BorderIssuesFederal Judge Blocks U.S. Government From Ending Title 42 Expulsions of Illegal Aliens

A federal judge is preventing the U.S. government from ending the pandemic-era policy allowing border officials to expel illegal aliens on public health grounds.
May 20, 2022
A policy instituted by the Trump administration to control the COVID-19 pandemic by rapidly deporting illegal aliens will remain in place after U.S. District Judge Robert Summerhays issued a nationwide injunction preventing its termination.

The Centers for Disease Control and Prevention (CDC) had scheduled the policy to be terminated on Monday.

“BREAKING: Federal Court stops Biden from ending Title 42. The court granted a nationwide injunction to keep Title 42 in place,” Gov. Greg Abbott tweeted Friday afternoon.

Hundreds of thousands of illegal aliens have been expelled under the public health order, authorized by Title 42 of the U.S. Code. The CDC issued the mandate in March 2020 as part of the federal government’s response to the spread of the coronavirus.

Summerhays decided that the Title 42 order will continue to be enforced as the suit against its termination proceeds. He earlier issued a temporary restraining order preventing the CDC from executing the withdrawal of the policy.

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Republican and Democratic members of Congress expressed concern that ending the policy would result in a sharp increase in illegal immigration. Estimates by the U.S. Department of Homeland Security indicate there could be up to 18,000 enforcement encounters each day.

Chris Magnus, the commissioner of U.S. Customs and Border Protection (CBP), predicted there would be a spike in illegal crossings if the country returned to regular immigration protocols. When CBP gave its operational update for March, Magnus indicated the agency was “surging personnel and resources to the border” in preparation for more enforcement encounters.

DHS Secretary Alejandro Mayorkas visited McAllen last week and outlined the federal government’s plan to handle the expected surge in illegal immigration.

In a news conference, Mayorkas described a “consequence regime” his department will implement, including “expanding expedited removal” for those who cross illegally and giving asylum officers rather than immigration judges the final word on asylum claims.

The Biden administration is emphasizing its strategy to vaccinate illegal aliens as one of the reasons Title 42 public health order is no longer necessary.


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Hayden Sparks

Hayden Sparks is a senior reporter for The Texan and a lifelong resident of the Lone Star State. He has coached competitive speech and debate and has been involved in politics since a young age. One of Hayden's favorite quotes is by Sam Houston: "Texas has yet to learn submission to any oppression, come from what source it may."