30 September (WNN) — Starting Thursday, President Joe Biden’s administration will no longer be able to use part of a decades-old US health law – as did former President Donald Trump – to quickly deport migrants from the United States over concerns that Which they can spread COVID-19.
A federal judge ordered earlier this month that such use of the law to boot migrants is unconstitutional. This is effective from Thursday.
On September 16, District Judge Emmett Sullivan for the District of Columbia granted an injunction preventing the use of the public health code known as Title 42. Biden’s administration has appealed the decision.
The legal order was given in response to a challenge by the American Civil Liberties Union and a group of civil rights organizations that held that using the law violates the rights of migrants to seek asylum in the United States.
Shortly after the arrival of the coronavirus pandemic in the United States in March 2020, Trump’s government invoked Title 42 – a section of the 1944 Public Health Services Act that mandates US officials to prevent the “introduction of persons during certain public health emergencies”. allows for.
Trump used the law to issue a public health order that allowed for the rapid expulsion of migrants believing they could spread the virus within US borders.
After taking office in January, Biden dropped Trump’s order, changing only one enforcement provision to prevent unaccompanied minors from being expelled as part of the policy.
A group of Haitian migrants rest on a street in San Fernando, Tamaulipas State, Mexico, September 17. Photo by Abraham Pineda-Jacom/EPA-EFE
In August, the CDC announced that it would expand the use of Title 42 unless it “determines whether the risk of further introduction of COVID-19 from covered noncitizens into the United States is public health.” is not a serious threat.”
More than 1.1 million people have been expelled under Title 42 since the order went into effect 19 months ago, according to data from US Customs and Border Patrol.
In April 2020, Doctors for America and Physicians for Human Rights condemned the use of the 1944 law in a letter to former CDC director Robert Redfield. It was signed by more than 800 physicians, who argued that Trump’s use of the law had nothing to do with COVID-19.
“The decision to halt asylum procedures to protect public health is not based on evidence or science,” they wrote. “This order directly endangers the lives of thousands of people and threatens to increase dangerous anti-immigrant sentiment and xenophobia.”
However, Tae Johnson, the acting director of Immigration and Customs Enforcement, told a House subcommittee in May that the law had proved “crucial” in the government’s efforts to ensure social distancing at border facilities to contain the virus.
Despite criticism against Trump’s order, the number of evictions rose by more than 12% earlier this year after Biden took office. Some advocates acknowledge that Biden’s motivation for using the order has been different than Trump’s, but the results are all the same.
“U.S. law says that anyone in the United States or on the border of the United States has the right to seek asylum,” Olga Byrne, Immigration Director of the International Rescue Committee, told ABC News.
A group of Haitian migrants search for routes to avoid being detained by Mexican authorities in the municipality of Tapachula, Chiapas State, Mexico, on September 16. File photo by Juan Manuel Blanco/EPA-EFE
“The legal issue at hand is that there is nothing in the law that allows the government to expel [migrants] Without any due process.”
Biden’s use of the Title 42 Order has increased scrutiny in recent weeks as the US government uses it to deport thousands of Haitian immigrants. Homeland Security Secretary Alejandro Meyercas said last weekend that 4,000 had been expelled.
Responding to criticism from Democrats in Congress about Biden’s use of the order, Meyerkas called it a “public health authority,” not an “immigration policy.”
“It is used … the Centers for Disease Control, ordered, in light of the arc of the pandemic,” he said.
“The public needs to remember that we are in the midst of a pandemic. The Delta version dealt a blow. More than 600,000 Americans have died. More than 40 US Customs and Border Protection front-line personnel have lost their lives.” “
Biden’s administration has recently drawn criticism over a video showing border agents on horseback chasing Haitian migrants. Meyerkas said he was “horrified” by the footage and the White House promised an investigation.
A week ago, the US Border Patrol said it had temporarily suspended the use of horses in dealing with migrants at the border in Del Rio, Texas.