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US judge rules COVID-era border deportation order illegal

US judge rules COVID-era border deportation order illegal

 


WASHINGTON, Nov 15 (Reuters) – A U.S. judge ruled on Tuesday that a pandemic-era order used to deport hundreds of thousands of migrants to Mexico was illegal, a ruling that could have major implications for the US border management.

In a 49-page opinion, U.S. District Court Judge Emmet Sullivan said the policy was “arbitrary and capricious” and violated federal regulatory law.

The decision will complicate President Joe Biden’s strategy to deter record border crossings. The administration filed an unopposed motion late Tuesday to delay implementation of the decision for five weeks to allow it to move additional resources to the border and coordinate with state and local governments and non-profit organizations. non-profit.

The order has primarily been used to deport Central Americans and Mexicans, but last month the administration announced it would also begin deporting Venezuelans arrested at the US-Mexico border to Mexico. Authorities said the new approach by Venezuelans has led to a significant drop in arrivals from the South American country.

Sullivan’s decision comes just three days after Chris Magnus, America’s top border official, resigned under pressure. In the face of hostile Republican questioning in Congress on Tuesday, US Homeland Security Secretary Alejandro Mayorkas touted Biden’s border enforcement record, saying the administration had “deported or deported more individuals from United States than ever before”.

The order, known as Title 42, was put in place during the administration of then-President Donald Trump in March 2020 at the start of the COVID pandemic. Biden continued to use the measure after taking office, deporting migrants an estimated 2 million times, although many were repeat smugglers.

The US Centers for Disease Control and Prevention (CDC) issued the order, but later under Biden said it was no longer necessary to stop the spread of COVID. However, a Louisiana-based federal judge ruled in May that the Biden administration cannot end it.

Lee Gelernt, an attorney for the American Civil Liberties Union, which represents evicted families, said the Louisiana judge’s decision was now moot and that ending the eviction order would “literally save lives.”

The US Department of Homeland Security said it would continue to fully enforce immigration laws at the border.

‘DOUBLE-EDGED SWORD’

Sullivan, a Washington, DC appointee of former President Bill Clinton, wrote that the policy violated a federal law governing regulations known as the Administrative Procedure Act.

Sullivan said it was “unreasonable for the CDC to assume that it can ignore the consequences of any action it chooses to take,” particularly when those “actions included the extraordinary decision to suspend procedural and substantive rights codified non-citizens seeking refuge”.

Officials knew that implementing the order would likely lead to the deportation of migrants to locations with a “‘high likelihood’ of ”persecution, torture, violent assault, or rape,'” Sullivan wrote.

Rosa Maria Gonzalez, an opposition lawmaker who heads the migration committee of Mexico’s lower house of Congress, said the decision was likely to be a double-edged sword for Mexico.

While this should relieve pressure on Mexico’s northern border by reducing the backlog of people under deportation orders, she said, it also risks encouraging more people to make the trip to the north. north to pursue US asylum claims.

Reporting by Ted Hesson in Washington and Mica Rosenberg in New York; Additional reporting by Kristina Cooke in San Francisco and Dave Graham in Mexico City; Editing by Jonathan Oatis, David Gregorio, Leslie Adler and Lincoln Feast.

Our standards: The Thomson Reuters Trust Principles.

Sources

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2/ https://www.reuters.com/legal/us-court-rules-covid-era-title-42-border-expulsion-policy-unlawful-2022-11-15/

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