FederalImmigration & BorderIssuesJudicialTitle 42 Expulsions Continue as Suit Against COVID-19 Policy Proceeds

In April, a U.S. district judge blocked the Biden administration’s plans to end Title 42, a decision lauded by proponents of strong border security.
June 28, 2022
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The use of Title 42 to expel illegal aliens, a remnant of the emergency measures enacted during the COVID-19 pandemic, remains in effect as U.S. District Judge Robert Summerhays considers motions in the lawsuit to end the policy.

Summerhays has entertained a flurry of motions for pro hac vice admission, a procedure for a lawyer to appear in court in a jurisdiction where he or she is not licensed. Aside from the federal government and the states that initiated the suit, numerous other parties have filed amicus briefs in the suit.

One of the motions by the defendants was to stay the proceedings of Summerhays’ court while the appeal of his preliminary injunction is considered.

The defendants also unsuccessfully moved to stay the nationwide scope of Summerhays’ injunction.

Summerhays, an appointee of former President Trump, first stymied the end of Title 42 by instituting a temporary restraining order. The federal judge then blocked the Biden administration from ending the public health order with a preliminary injunction.

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The U.S. government has expelled hundreds of thousands of illegal aliens using the measure. 

Most recently, U.S. Customs and Border Protection reported almost a quarter-million enforcement encounters with illegal immigrants. Nationwide, 42 percent of these individuals were expelled under the Title 42 order.

Title 42 remains controversial. Opponents contend that the need for the order has ended from a public health perspective and that the U.S. government is using it as a way to deny foreign individuals the right to seek asylum.

Meanwhile, proponents say it is necessary to prevent staggering influxes of illegal immigration.

There are many ways the Title 42 lawsuit could end. The parties could reach an agreement, the 5th Circuit Court of Appeals could step in and make a decision, or the suit could drag on until illegal immigration subsides.

In the meantime, Republicans continue to call for stricter border security measures.

A copy of the motion to stay district court proceedings can be found below.

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Hayden Sparks

Hayden Sparks is a 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."