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Border Crisis: Appeals Court Issues Emergency Stay on Title 42, Allowing DHS to Continue COVID Restrictions

Border Crisis: Appeals Court Issues Emergency Stay on Title 42, Allowing DHS to Continue COVID Restrictions

Title 42 only applies to families, not single adults.

The U.S. Court of Appeals for the D.C. Circuit granted Biden’s administration an emergency stay of Title 42, which imposes Covid restrictions on migrants. Oral arguments begin in January.

“Further ordered that the motion for stay pending appeal be granted,” wrote the court. “Appellants have satisfied the stringent requirements for a stay pending appeal.”

The court did not explain which “stringent requirements” Biden’s administration achieved in order to get the emergency stay.

The order only applies to families and not single adults.

From Fox News:

The court issued the temporary stay days after Biden officials appealed a ruling by U.S. District Judge Emmet Sullivan, who determined the administration’s use of Title 42 to expel families was likely illegal. Sullivan had ordered the government to cease its use of Title 42 by the end of the month, though his ruling did not apply to individuals.

The appeals court’s decision means the Biden administration will be able to implement Title 42 to expel migrants while the matter is still being litigated. Federal officials have argued the measure is necessary to prevent the spread of COVID-19 amid an unprecedented surge of border crossings, but immigration activists say it is unnecessary and harms asylum-seeking families.

DHS Secretary Alejandro Mayorkas told his senior officials they should prepare for the worst-case scenario in case the courts lifted Title 42. They could have expected 400,000 migrants in one month.

The CDC issued Title 42 in March 2020 as an effort to limit COVID cases in America.
Panama Foreign Minister Erika Mouynes told Axios that her country has warned leaders about migrants surges, especially from Haiti.

Mouynes warned Mayorkas that 60,000 have plans to rush to the border. Most of them are Haitians.


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Sullivan being overruled, call me shocked, shocked I say.