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ACLU, Immigrant Groups Sue to End Biden Administration’s Use of Title 42

— August 6, 2021

The ACLU claims that the Biden’s use of the controversial public health rule, which allows the government to deport migrants during a pandemic, is contrary to the administration’s promises.

The American Civil Liberties Union (ACLU), along with other immigrant rights groups, has resumed its Title 42 lawsuit against the Untied States government.

According to USA Today, the lawsuit—which challenged the Trump administration’s authority to expel migrants to prevent the spread of novel coronavirus—was suspended after President Joe Biden took the White House.

While the Biden administration has been in negotiations over the continued use of Title 42, the talks recently “reached an impasse.”

Title 42, notes USA Today, was issued by the Centers for Disease Control and Prevention last year, in response to the ongoing coronavirus pandemic.

The policy permits U.S. Customs and Border Protection officials to expel undocumented immigrants without regular process, ostensibly to protect public health.

Former Vice President and current President Joe Biden on the campaign trail in 2019. Image via Flickr/user:Gage Skidmore. (CCA-BY-2.0).

However, the Biden administration has resisted doing away with t

Consequently, the American Civil Liberties Union and its allies have re-filed the lawsuit in U.S. District Court in the District of Columbia.

“We gave the Biden administration more than enough time to fix any problems left behind by the Trump administration, but it has left us no choice but to return to court,” ACLU attorney Lee Gelernt said in a statement. “Families’ lives are at stake.”

USA Today reports the ACLU filed its lawsuit in conjunction with the Texas Civil Rights Project, RAICES, the Center for Gender & Refugee Studies, Oxfam, the ACLU of Texas and the ACLU of the District of Columbia.

Collectively, the groups are asking that the Biden administration immediately end the use of Title 42.

Despite President Biden’s purported commitment to immigrants, White House Press Secretary Jen Psaki said that the commander-in-chief continues to view Title 42 as an important public health measure.

“The CDC is going to continue to provide guidance on how long it needs to be in place,” Psaki said on Monday. “We have not given a timeline of when […] they will lift Title 42, but we will look for them to provide us that guidance.”

Nevertheless, the American Civil Liberties Union says that President Biden’s continued use of Title 42 “effectively closes the borders to people seeking safety in the U.S., purportedly because of the pandemic.”

Gelernt says that the Biden administration cannot realistically meet its promise to “act humanely toward asylum-seekers” as it neglects to give families a “real hearing” as to whether they should be allowed to stay in the United States.

In their filing, the ACLU explained that plaintiffs’ “discussions attempting to resolve or narrow the dispute in this case have reached an impasse. The parties therefore seek to resume litigation on Plaintiff’s motions for class certification and classwide preliminary injunction.” notes that the ACLU and its allies has proposed an order to U.S. District Judge for the District of Columbia Emmet G. Sullivan that would set a timeline for the plaintiff, as well as the U.S. government, to submit additional documents.


ACLU, immigrant rights groups resume lawsuit over COVID-19 asylum policy

ACLU, immigrant rights groups resume lawsuit to end border policy allowing expulsion of migrants

ACLU, Other Groups Resume Lawsuit Seeking to End Title 42 Border Order

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