Court Says U.S. Cannot Expel Migrant Families to Countries Where They Face Harm

Federal appeals court ruledThe government can’t use a pandemic health order to send migrant families into other countries, especially Mexico and Central America, where they might face torture or persecution. 

In 2020, Donald Trump used the phrase “Back in 2020”. Title 42Public Health Service Act allows federal health officials to take disease mitigation steps to keep asylum-seeking Mexican and Canadian migrants out of the U.S. Title 42 permitted Customs and Border Patrol expulsion of migrants at their arrival. The policy was maintained by President Joe Biden after his inauguration on 2021. American Civil Liberties Union (ACLU), and other advocacy organizations The Biden administration was taken to courtNegotiations to immediately stop Title 42 policies failed.

United States Court of Appeals, District of Columbia Circuit AssertedThe government cannot expel families of migrants under Title 42, but it can send them to countries that could cause serious harm. Justin Walker was the judge who made the decision.  

Julia NeusnerAssociate attorney at Human Rights First’s Refugee Protection Program, Dr. Judith Sullivan said that in Written testimonyOrganizations are targeting asylum seekers sent to Mexico as a result. She said that migrants are often subject to kidnapping and extortion as well as other violent attacks. Neusner mentioned that two months ago, armed men abducted a mother and her child after they had been expelled by the Department of Homeland Security. Neusner talked to more than ten people who had been kidnapped and held them for two months before they were released by DHS. 

Taylor LevyAn immigration lawyer in Texas, who provided the same services as Written testimonyAccording to, 41% of 398 families representing migrants since May 2021 were victims of kidnapping attempts or actuals. 

Most of these expulsions occur in Mexico. However, Central American migrants, such as El Salvador, Honduras and Guatemala, who are expelled from their home country, face persecution. Cecilia Menjivar (a UCLA sociology professor) testified for the case. Cecilia Menjivar researched Central American immigration and wrote testimony. A United Nations study indicated that approximately 800,000 Central Americans sought asylum in their homelands or crossed international borders in order to flee gang violence.

The ACLU’s deputy director for the Immigrants Rights Project, and the lawyer who appealed the decision. Lee GelerntTells There are reasons The court’s ruling will not stop the government from exiling migrant family members under Title 42, but it will make the federal government establish a screening procedure. Gerlernt states that any asylum seekers who claim that they might be subject to persecution or torture in another country can’t immediately face expulsion and that the government should ensure they are safe. Gerlernt believes that the logistical challenges of setting up such screening could lead to the Biden administration removing the Title 42 order entirely. 

Gelernt explains that “the Title 42 policy is both illegal and has caused great harm” There are reasons.

Gelernt says also the court’s decisionTitle 42’s intended purpose is seriously in doubt. It acknowledges that COVID-19 was not significantly deterred by the pandemic order. Judge Walker called the protection Title 42 offers from COVID-19 “questionable.” It is not yet clear, he says, if the public order of health serves any purpose. Gelernt said it makes no sense for the border to continue imposing COVID-19 restrictions while the rest of the country relaxes. 

The Biden administration did not make any statements regarding the future of Title 42.