September 30, 2021
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Appellate court allows Biden administration to keep expelling families under health law for now - Yahoo News

REYNOSA, MEXIO—Children who have been sent back to Mexico with their parents wait in line for food hand outs concerned citizen groups. Asylum seekers are sent back to Reynosa, Mexico from the Rio Grande Valley area of McAllen, Texas. Many were sent back because they had children age 7 and older. A group has just arrived in downtown Reynosa, where they have no place to stay so are sleeping outside in the central plaza. Photo taken on March 24, 2021. (Carolyn Cole / Los Angeles Times)
Children who were expelled from the U.S. and sent back to Mexico with their parents wait in line for food in Reynosa, Mexico, on March 24.

A federal appellate court Thursday temporarily granted the Biden administration permission to continue the use of a public health order to quickly expel migrants with children stopped along the U.S. border.

In a brief ruling, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted the administration's request to stay a lower court's ruling blocking the expulsion policy.

The Trump administration had invoked the 1944 health statute known as Title 42 to close the border and prevent people from entering the country, citing concerns about the spread of the coronavirus. The Biden administration has continued the policy.

The case, brought by the American Civil Liberties Union and other groups, focuses on families with children, meaning the administration can continue to expel single adults under the provision.

U.S. District Judge Emmet Sullivan had given the Biden administration until Thursday to limit use of the law while immigrant and legal advocates proceeded with their lawsuit against it.

Sullivan this month found that advocates were likely to succeed with their case. In a 58-page ruling, he wrote that migrant families subjected to Title 42 “face real threats of violence and persecution” and are deprived of statutory rights to seek protection in the U.S.

The administration swiftly appealed Sullivan’s Sept. 17 decision. Thursday's order by the appellate court offers an indication of how it could ultimately rule.

Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said he was disappointed by the ruling.

“Nothing stops the Biden administration from immediately repealing this horrific Trump-era policy," he said. "If the administration is making the political calculation that if it acts inhumanely now it can act more humanely later, that calculation is misguided and of little solace to the families that are being sent to Haiti or brutalized in Mexico right now.”



source: https://news.yahoo.com/appellate-court-allows-biden-administration-231417559.html

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