Wednesday, November 16, 2022

D.C. Judge voids Title 42 anti-immigrant policy// ImmiIgration Prof Blog

D.C. Judge voids Title 42 anti-immigrant policy// Immigration Prof Blog
 

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."
 
Kevin Johnson - UC Davis

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