Biden Promises To Appeal Ruling Halting Title 42 From Ending

In comments made late Friday evening, officials with the Biden administration stated that it will be seeking a route to appeal the federal court ruling that overturned Title 42.

Karine Jean Pierre, the White House Press Secretary, issued an announcement in a statement late Friday evening, directly after a judge in the Western District of Louisiana issued a ruling that granted a request for a preliminary injunction in a lawsuit brought on by a group of over 20 state Attorneys General.

“The Administration disagrees with the court’s ruling, and the Department of Justice has announced that it will appeal this decision,” claimed Jean-Pierre. “The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court. However, in compliance with the court’s injunction, the Biden Administration will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal. This means that migrants who attempt to enter the United States unlawfully will be subject to expulsion under Title 42, as well as immigration consequences such as removal under Title 8.”

“As the appeal proceeds, the Department of Homeland Security will continue planning for the eventual lifting of Title 42 in light of CDC’s public health judgment, at which point anyone who attempts to enter the country unlawfully will be subject to Title 8 Expedited Removal proceedings, if they do not have grounds to remain in the United States,” she continued.

Another statement was also issued by the Department of Justice on Friday that stated its intent to appeal the ruling. “The Centers for Disease Control and Prevention (CDC) invoked its authority under Title 42 due to the unprecedented public-health dangers caused by the COVID-19 pandemic,” stated Anthony Coley, a spokesman for the DOJ. “CDC has now determined, in its expert opinion, that continued reliance on this authority is no longer warranted in light of the current public-health circumstances. That decision was a lawful exercise of CDC’s authority. The Department of Justice intends to appeal the court’s decision in Louisiana et al. v. CDC et al.”

Robert Summerhays, a Western District of Louisiana Judge, granted the request for a preliminary injunction in the case of Louisiana v. Centers for Disease Control and Prevention. Summerhays went over what the Court’s reasoning was for putting out the injunction as part of a 47-page ruling. Among the causes for putting out the injunction, Summerhays ruled that the probable end of Title 42 would lead to a massive increase in people rushing across the border.

The record reflects that—based on the government’s own predictions—that the Termination Order will result in an increase in daily border crossings and that this increase could be as large as a three-fold increase to 18,000 daily border crossings” stated the judge. “Moreover, the CDC’s own Termination Order acknowledges that the order will lead to an increase in a number of non-citizens being processed in DHS facilities which could result in overcrowding 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.”

The group of Attorneys General from 24 states, which was led by Louisiana, put out a lawsuit that claimed that taking down Title 42 would go against federal regulatory procedures.


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