ACLU Comment on Federal Appeals Court Ruling in Title 42 Challenge

WASHINGTON — A federal appeals court granted the Biden administration’s request to stay a Sept. 16 district court ruling that blocked the government from expelling asylum-seeking families from the U.S. under “Title 42.” Today’s decision means the Title 42 policy is not blocked by a court order while the appeal moves forward.

The American Civil Liberties Union, Texas Civil Rights Project, RAICES, Center for Gender & Refugee Studies, Oxfam, ACLU of Texas, and ACLU of the District of Columbia are challenging the Title 42 expulsions.

The policy, initiated by the Trump administration, restricts immigration at the border based on an unprecedented and unlawful invocation of the Public Health Service Act, located in Title 42 of the U.S. Code.

As public health experts have said, the policy is unnecessary because the U.S. has the resources to safely process people seeking protection under our asylum laws.

ACLU attorney Lee Gelernt, the lead lawyer in the Title 42 challenge, had the following reaction to today’s ruling:

“If the Biden administration really wants to treat asylum seekers humanely, it should end this lawless policy now and withdraw its appeal. We will continue fighting to end this illegal policy.”

Ruling: https://www.aclu.org/legal-document/order-9

Statement: https://www.aclu.org/press-releases/aclu-comment-federal-appeals-court-ruling-title-42-challenge

Case details: https://www.aclu.org/cases/huisha-huisha-v-mayorkas