According to a federal appeals court ruling on Friday, President Joe Biden’s administration is approved to continue rapidly removing migrant families who are caught crossing the U.S.-Mexico border, although the families should not be sent anywhere they could possibly be persecuted or tortured.
The ruling was handed down by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.
Under the ruling, the administration will be allowed to keep restrictions in place that were first implemented by former President Donald Trump in the early stages of the coronavirus pandemic.
A cohort of affected migrants, who were represented by the American Civil Liberties Union among other non-profit organizations, had challenged the legality of the policy, which is known as Title 42 in court.
The appeals court then determined that the migrants covered under the policy most likely “have no right to be in the United States” and the current administration “can immediately expel them.”
It did add, however, that the administration “cannot remove aliens to a country where their ‘life or freedom would be threatened’ on account of their ‘race, religion, nationality, membership in a particular social group or political opinion’” or “to a country where they will likely be tortured.”
Biden has pushed to keep the Title 42 order, which was first issued by the U.S. Centers for Disease Control and Prevention (CDC) in March 2020 as part of the pandemic-related public health measures.
But several in the Democratic party have joined with a few health experts and pro-immigrant advocates in going against the order, claiming it unlawfully denies access to asylum and is not based in scientific evidence. The Justice Department did not comment on the ruling.
ARTICLE: ELIZABETH HERTZBERG
MANAGING EDITOR: CARSON CHOATE
PHOTO CREDITS: IBTIMES.COM