A federal judge said Tuesday that a controversial pandemic-era policy known as Title 42 is unlawful and must end. The policy has been used widely by immigration officials during the pandemic –– roughly 2.4 million times –– to expel migrants from the United States amid a historic level of encounters in the U.S.-Mexico border.
The Biden administration now has less than five weeks to come up with a plan to roll back the policy that has largely defined the realities of immigration in the U.S. for the past two and a half years. U.S. District Court Judge Emmet Sullivan allowed a stay on his order until Dec. 21 to allow the government time to prepare.
Advocates, attorneys and officials within the migrant community in San Diego and Tijuana met the news with relief and skepticism. Many said they are waiting to see exactly how the policy change plays out locally.
“I just don't understand why they need more time. They've had almost two years to think about this,” said Father Pat Murphy, director of the Casa del Migrante shelter in Tijuana.
Title 42 was first implemented by the Trump administration at the start of the COVID-19 pandemic to prevent spread of the virus in the U.S., but critics say the policy has been used in practice to keep migrants from entering the U.S. despite a legal obligation to provide asylum to those who qualify.
Under the policy, immigration officials can turn away migrants at ports of entry or expel them from within the U.S. back to Mexico or their country of origin. Immigration advocates say the policy has led to thousands of migrants waiting in border cities including Tijuana where they’ve endured attacks and exploitation.
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