Federal Court Invalidates Title 42 Order as Arbitrary and Capricious

By immigrationprof

November 16, 2022

Photo courtesy of Wikimedia Commons

President Trump used a public health law, Title 42, as a justification to remove migrants entering the country at the U.S. southern border. The order, and the Biden administration’s attempted rescission, have been the subject of considerable political and legal controversy. Yesterday, U.S. District Judge Emmet Sullivan struck down Trump-era Title 42 order. Maria Sacchetti and Spencer S. Hsu for the Washington Post report on the ruling.

Judge Sullivan’s ruling concludes:

“The Court vacates and sets aside the Title 42 policy—consisting of the regulation at 42 C.F.R. § 71.40 and all orders and
decision memos issued by the Centers for Disease Control and Prevention or the U.S. Department of Health and Human Services suspending the right to introduce certain persons into the United States; and declares the Title 42 policy to be arbitrary and capricious in violation of the Administrative Procedure Act and permanently enjoins Defendants and their agents from applying the Title 42 policy with respect to Plaintiff Class Members.”

UPDATE (November 18):

American Bar Association President Deborah Enix-Ross

Statement of ABA President Deborah Enix-Ross Re: Title 42 immigration policy

“WASHINGTON, Nov. 17, 2022 – The American Bar Association looks forward to the termination of Title 42, a pandemic-era border expulsion policy, that will soon be ended as a result of a federal judge’s ruling this week.

The ABA believes that all people seeking protection from persecution or torture are entitled to a full and fair adjudication comporting with U.S. and international law. Instead, Title 42 has blocked asylum seekers from applying for protection at the border and led to their expulsion from the U.S. without adjudication of their claims. The ABA House of Delegates voted to oppose this policy in February.

This week, a federal judge in the District of Columbia ruled that the policy is arbitrary and capricious, but stayed his ruling until Dec. 21, to allow time to develop transition plans at the border. We welcome the move to resume normal processing of asylum seekers, as required under domestic and international law.”

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