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Immigration

Judge blocks lifting of Title 42, migrants feel frustrated 

According to the judge, lifting the restrictions could increase the number of migrants attempting to cross the border threefold

May 23, 2022 6:00pm

Updated: August 7, 2022 11:16am

A judge blocked on Friday the Biden administration’s plan to lift Title 42, a pandemic-era rule that allowed border agents to turn away migrants without hearing their cases at the border to prevent the further spread of Covid-19 within the country.

The Biden Administration had planned to lift the rule on May 23, however, U.S. District Judge Robert Summerhays in Lafayette, Louisiana, ordered that the restrictions stay in place until a lawsuit against the reversal of the policy plays out in court.

The lawsuit was filed on April 3 by twenty-four states, led by Arizona, Missouri, and Louisiana, claiming that ending the rule would increase the number of migrants and incur additional costs for the states.

“This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe," the complaint says.

According to the judge, lifting the restrictions could increase the number of migrants attempting to cross the border threefold to as many as 18,000 migrants a day compared to the current 8,000. This could lead to a further spread of the disease since many have to wait to be processed in congregate settings. 

“The record also includes evidence supporting the Plaintiff States’ position that such an increase in border crossings will increase their costs for healthcare reimbursements and education services. These costs are not recoverable,” Summerhays wrote in his 47-page decision.

The Justice Department claimed that the Biden administration would appeal and said that it disagreed with the ruling. 

“The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court,” White House Press Secretary Karine Jean-Pierre said in a statement.

More than 1.9 million migrants have been expelled from the United States since the rule was implemented in March 2020 by the Trump administration. 

The number of migrants crossing the border has increased in recent months by unprecedented numbers. In April alone, more than 324,088 undocumented migrants were intercepted at the border, overtaking the 22-year high figure in March of 221,000. 

Yet, many migrants were eagerly awaiting the end of the policy in order to finally get their opportunity to seek asylum in the U.S. However, many feel frustration and despair knowing that their waiting times have become even longer. 

“First they said they were going to open the border to asylum claims, then they said they weren’t,” Max Alexander Gonter, 24, ​told Reuters while waiting to be processed in Mexico. “I can’t stand this anymore, I’m exhausted.” 

“​​​​We understand Title 42 exists due to sanitary measures and that’s why we are here today with vaccination proof and COVID tests,” said Juan Carlos Guzman​. “We don’t have that disease; therefore, I don’t think it’s fair to apply [Title 42] to us when we come fleeing for safety reasons.”​