Immigrants’ Rights Organizations Respond to Federal Court Ruling Blocking the Government From Expelling Families to Danger Under Title 42

This statement was posted today on the UC Hastings Center for Gender and Refugee Studies website:

‘A federal appeals court today issued a ruling that will prohibit the government from misusing public health authorities (Title 42) to summarily expel families seeking asylum who may face persecution or torture once expelled. The injunction will end the use of Title 42 for families fleeing danger, as currently employed.

For procedural reasons, the ruling will not take direct effect today, but the organizations are calling on the government to implement it immediately, in light of the court’s finding that serious harms have resulted from these unlawful expulsions. The groups also urge the government to bring a complete end to the Title 42 Order for all people fleeing danger, which they argue was never necessary as a matter of public health. 

The American Civil Liberties Union, Center for Gender & Refugee Studies, Oxfam America, RAICES, Texas Civil Rights Project, the ACLU of Texas, and the ACLU of the District of Columbia first sued the Trump administration over Title 42 expulsions of refugee families in 2020. After hitting an impasse in negotiations with the Biden administration, the groups went back to court in July 2021 to seek an immediate termination of this policy.”

The statement also included comments from:

Lee Gelernt, attorney who argued the appeal and deputy director of the ACLU’s Immigrants’ Rights Project:

“This is an enormous victory. We have argued from the beginning that the Title 42 policy is illegal and inhumane, and every court to address the issue has agreed. The court’s ruling leaves no doubt that this brutal policy has resulted in serious harm to families seeking asylum and must be terminated.” 

Diana Kearney, senior legal advisor at Oxfam America

Neela Chakravartula, managing attorney at the Center for Gender & Refugee Studies (CGRS)

Karla Marisol Vargas, senior attorney at the Texas Civil Rights Project

Tami Goodlette, director of litigation at the Refugee and Immigrant Center for Education and Legal Services (RAICES)

Shaw Drake, staff attorney and policy counsel, ACLU of Texas

The ruling is a mixed bag for immigrants:  As stated in The Hill,”The U.S. can continue to swiftly expel migrants under a Trump-era directive, a federal court ruled Friday, but it cannot return them to countries where they may face persecution or torture.

The decision from the U.S. Court of Appeals for the District of Columbia Circuit deals a partial blow to Title 42, the controversial policy under which the government has been removing migrants without allowing them to seek asylum.”

KJ