Biden administration appeals ruling striking Title 42, promises new regulations from CDC

The Biden administration plans Wednesday to appeal a court ruling nullifying the Title 42 policy that restricts asylum, and predicts public health officials will create new regulations to replace it.

The appeal puts the Department of Homeland Security at the center of the Title 42 dispute, allowing border officials to quickly deport migrants without allowing them to seek asylum. .

“The CDC’s Title 42 order was legal…[and] This court made an error by canceling the actions of these agencies,” the government wrote in filings with the District Court for the District of Columbia that invalidated Title 42 on November 15.

In appealing the lawsuit, the Biden administration is seeking to challenge a ruling that challenged a decision made by another court in a lawsuit brought by the state of Louisiana. order.

Title 42 was created by the Trump administration in the early days of COVID-19 and marketed as a pandemic response policy, but most observers see it as a blatant attempt to use the pandemic as an excuse to eradicate asylum. was

The latest twist in the lawsuit continues the Biden administration’s complicated relationship with policy, which they now use to deport far more immigrants than the Trump administration.

Wednesday’s filing also shows the country’s public health officials are working on another policy that could affect the border.

“HHS and CDC have decided to undertake new rulemaking to rethink the framework within which the CDC Director can exercise his powers. [Title 42] To meet the dangers posed by future epidemics. ”

The statutory reference portion of the filing specifically deals with “suspension of entry and import.”

The CDC did not immediately respond to a request for comment for details about the forthcoming rulemaking.

developing.