Controversial Title 42 border policy vacated by federal judge

Migrants walk past the shore to be picked up by border police after crossing in Eagle Pass, Texas.

Migrants walk along the shore after crossing the Rio Grande River in Eagle Pass, Texas, in May.

(Dario Lopez-Mills / Associated Press)

A federal judge in Washington, DC, cleared a controversial border policy called Title 42, a public health law asserted during the pandemic that allowed border guards to quickly turn migrants back.

The policy was introduced by the Trump administration in 2020. The Biden administration continued to use Title 42 before attempting to wind it down in the spring, which was blocked in court.

On Tuesday, US Judge Emmet Sullivan overturned the guideline, calling it “arbitrary and capricious.” Sullivan rescinded use of the policy and all related memos.

“The ruling hopefully ends this shameful era of abusing public health laws to even deny desperate asylum seekers a hearing,” said Lee Gelernt, the ACLU attorney who led the case against the policy in federal court. Controversial Title 42 border policy vacated by federal judge

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