The U.S. Department of Homeland Security is still enforcing a pandemic era rule aimed at slowing the spread of COVID-19 that President Joe Biden wants to end but that a federal judge said earlier this month must continue.
In a statement issued shortly after the federal judge's decision, DHS said that Title 42, former President Donald Trump's spring 2020 policy to slow the spread of COVID-19 by holding back the tide of immigrants along the southern border, "is not an immigration authority." Title 42 is "a public health authority" intended "to protect against the spread of communicable disease, in this case, COVID-19," DHS said in its statement issued May 20.
"We will comply with the court's order to continue enforcing the Centers for Disease Control and Prevention's Title 42 Order as long as it remains in place," DHS said in its statement. "Meanwhile, DHS will continue to execute its comprehensive, whole-of-government plan to manage potential increases in the number of migrants encountered at our border."
DHS' "whole-of-government plan" includes managing "potential increases in the number of migrants encountered at our border," the statement said.
"As part of this effort, DHS has established a Southwest Border Coordination Center to execute those plans," the statement said. "DHS will also increase personnel and resources as needed and has already redeployed more than 600 additional law enforcement officers to the border."
Title 42 has been particularly aimed at immigrants crossing the U.S.-Mexico border to claim asylum.
In late March, the Biden administration announced that it would wind down Title 42, saying that a 30-page directive from the CDC indicated that Title 42 is no longer necessary.
In his decision handed down May 20, U.S. District Judge Robert R. Summerhays for Louisiana's Western District headquartered in Lafayette issued a memorandum ruling that the Biden administration's announcement in early April about halting Title 42 violated administrative law. In that announcement, the Biden administration, citing "assistance" from the CDC, announced that DHS "has and will implement additional COVID-19 mitigation procedures."
Hundreds were expelled to Haiti from El Paso under Title 42 the same day as the ruling.
The U.S. Department of Justice announced shortly after Summerhay's ruling that it had quickly filed an appeal, saying the decision to lift Title 42 was legal.
