Biden Administration Appeals Removal Of Title 42 Border Policy

December 8, 2022

The Biden Administration said Wednesday that it plans to appeal a federal court order that brings to an end on December 21 the Title 42 health code policy that allowed for the expulsion of migrants during the pandemic.

U.S. District Court Judge Emmet Sullivan had ruled Title 42—a policy put in place by the Trump Administration and continued by Biden’s—unlawful on November 16, calling its use to expel migrants at the border “arbitrary and capricious” and said it violated federal regulatory law.

However, he granted the Biden Administration five weeks’ delay in order to move additional resources to the border, and to coordinate with state and local governments and non-profits, setting the deadline for ending the policy December 21. 

In announcing the move to appeal, attorneys for the Justice Department did say the Administration is beginning the process of replacing Title 42 as a border policy.

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