On Tuesday, a federal judge struck down the Title 42 order, which is something that many Republicans and officials on the southern border regarded as vital to safeguard the sovereignty of our nation and also the security of American citizens. The administration of former President Donald Trump put forth the directive during the fight against COVID-19.
CBS News reported:
Washington — A federal judge on Tuesday barred federal immigration authorities from using a public health authority known as Title 42 to swiftly expel migrants, blocking the main tool the Biden administration has used to manage an unprecedented migration wave along the U.S.-Mexico border.
Judge Emmet Sullivan of the U.S. District Court for the District of Columbia voided an order issued by the Centers for Disease Control and Prevention (CDC) that has allowed U.S. border officials to expel hundreds of thousands of migrants on public health grounds, saying the edict was not properly enacted.
First issued in 2020 by the Trump administration at the outset of the coronavirus pandemic, the Title 42 policy relies on a late 19th-century law designed to stop the “introduction” of contagious diseases in the U.S. Migrants processed under Title 42 are not allowed to request U.S. asylum and are instead summarily expelled from the country.
Tuesday’s ruling stemmed from a lawsuit filed by the American Civil Liberties Union (ACLU), which has argued that Title 42 places migrants in harm’s way and violates U.S. asylum law. Migrants on U.S. soil, including those who cross the border illegally, are permitted to request humanitarian protection.
Readers might recall that back in April, Rep. Chip Roy (R-TX) took the opportunity to tangle with Rep. Jerry Nadler (D-NY) about the Biden administration's announcement to let Title 42 expire the following month. On the frontlines, officials, such as border mayors, have been warning for months that the implications of taking this tool out of the hands of border agents could be dangerous to the nation’s security.
It is unclear what senators from battleground states or border states such as Arizona are going to say about this issue. Senator Kyrsten Sinema (D-AZ)'s name is the first thing that comes to mind. However, a number of notable Republicans have already expressed their opinions on the decision, such as the former Virginia attorney general and the acting Homeland Security chief, Ken Cuccinelli, who responded to the news story breaking from Fox News' Bill Melugin: “All the more reason @GovAbbott needs to use the state self-defense authority in Art. I, Sec. 10, Cl. 3 to repel those invading Texas and return them back OVER the border, not TO THE BORDER.”
And Rep. Andy Biggs (R-AZ) said the judge's decision is “a grave mistake”: “An activist judge legislating from the bench just blocked the usage of Title 42 at the border amid a historic crisis. This means millions of illegal aliens (many dangerous) will be allowed entry into the country. This decision is a grave mistake.”