What is Title 42? Federal judge blocks Joe Biden from using Trump-era border policy to expel migrants

What is Title 42? Federal judge blocks Joe Biden from using Trump-era border policy to expel migrants
Judge Emmet Sullivan has blocked the Joe Biden administration from expelling migrants (Chip Somodevilla/Getty Images and Wikimedia)

WASHINGTON, DC: A federal judge, Emmet Sullivan, on Tuesday, November 15, blocked Title 42 – a controversial rule that has allowed US authorities to expel more than a million migrants who crossed the US-Mexico border.

Judge Sullivan of the US District Court for the District of Columbia found the title to be “arbitrary and capricious in violation of the Administrative Procedure Act,” reports CNN. In a 49-page opinion, Sullivan said "the CDC failed to apply the least restrictive means standard when authorizing the policy; thepolicy does not rationally serve its stated purpose in view of the alternatives; and the CDC failed to consider the harm the policy would inflict on impacted individuals." The opinion further stated that CDC failed to properly explain the rationale for authorizing an unprecedented expulsion authority, as opposed to implementing less drastic measures to mitigate Covid concerns, such as vaccinations and monoclonal antibodies. 

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