Federal judge blocks White House from ending Title 42

The Mexico-U.S. border in Mexicali, Mexico, on July 22, 2018. (Washington Blade photo by Michael K. Lavers)

A Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic was to have ended May 23, but it remains in place after a federal judge blocked the Biden administration’s plans to end it.

The White House last month announced it would terminate Title 42, a policy the previous administration implemented in March 2020.

U.S. District Judge Robert Summerhays in Louisiana issued a ruling that prevented the Biden administration from terminating the Trump-era policy May 20. White House Press Secretary Karine Jean-Pierre in a statement announced the Justice Department will appeal the decision, while adding the 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 (of the U.S. Code),” Jean-Pierre said.

Advocacy groups and members of Congress with whom the Washington Blade has spoken since Title 42 took effect say it continues to place LGBTQ asylum seekers and other vulnerable groups who seek refuge in the U.S. at even more risk.

Oluchi Omeoga, co-director of the Black LGBTQIA+ Migrant Project, last month described Title 42 as a “racist and harmful policy.” ORAM (Organization of Refuge, Asylum and Migration) Executive Director Steve Roth said Title 42 “put asylum seekers in harm’s way in border towns and prevented them from seeking safety in the United States.”

Title 42 was to have ended less than a month after five members of Congress from California visited two LGBTQ shelters for asylum seekers in the Mexican border city of Tijuana.

The Council for Global Equality, which organized the trip, described Title 42 as a “catastrophe” in a tweet after Summerhays issued his ruling.

“The Biden administration cannot breathe a sigh of relief until it’s a matter of the past,” said the Council for Global Equality on Saturday. “We remain committed to end Title 42.”

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