The US Justice ordered to suspend the rule that blocks the entry of migrants seeking asylum

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Emmet Sullivan believes that so-called Title 42, which has been used to expel hundreds of thousands of people crossing the border from Mexico, is a measure arbitrary violation of federal regulations

The US Justice ordered the suspend the rule that blocks the entry of migrants seeking asylum

The US Justice ordered to suspend the rule that blocks the entry of migrants seeking asylum. (REUTERS)

A federal judge ruled this Tuesday that the US governmentcannot resort to the health standard it uses to block the entry of migrants seeking asylum at land borders.

Emmet Sullivan estimates that the so-called Title 42, which has been used to expel hundreds of thousands of people crossing the border from Mexico< /b>, is a “arbitrary” size” that violates federal regulations.

Introduced at the beginning of the pandemic under the government of Donald Trump, Title 42 authorizes the expulsion of single adults and families who cross the land borders of the United States without authorization to slow the spread of the virus.

The ruling leaves the government with few tools to prevent the entry of migrants at the southern border with Mexico, most of whom are seeking asylum.

In response to the decision, the Department of Homeland Security filed a motion requesting that Tuesday's decision be stayed for five weeks, until midnight December 21, emphasizing that it would be a transitional measure.

The US Justice ordered to suspend the rule that blocks the entry of migrants seeking asylum

the Department of Homeland Security filed a motion requesting that the decision of the Tuesday is suspended for five weeks, until midnight on December 21, emphasizing that it would be a transitional measure. (REUTERS)

“The delay in implementing the court order will allow the administration to prepare for an orderly transition to new border policies,” the department explained in a statement.

The < b>US Customs and Border Protection (CBP) reported 185,527 migrants intercepted along the border with Mexico in October, an increase 1.5% in a month. Many, if not most, were turned away under Title 42.

The number of migrants from Venezuela, Cuba or Nicaraguaattempting to cross the land border has increased by 149% compared to October 2021, while those from Mexico and northern Central America have fallen 12% since that date, according to official data.

Sullivan also ordered that the government cannot request that the ruling be stayed in order to block its application, which means that the authorities will have to appeal it to a < b>superior court if they want it to continue in force.

The US Justice ordered to suspend the rule that blocks the entry of migrants seeking asylum

The number of migrants from Venezuela, Cuba or Nicaragua trying to cross the land border has increased by 149% compared to October 2021, while that of those from Mexico and northern Central America has dropped 12% since that date, according to official data. (REUTERS)

The ruling was based on a lawsuit filed in January by the American Civil Liberties Union (ACLU), which accuses the Department of Homeland Security< /b> (DHS) and Border Patrol “summary removal” of vulnerable families seeking asylum who show no signs of covid infection.

“This is a huge victory and one where life or death is literally on the line,” said ACLU attorney Lee Gelernt, leading the lawsuit.

“We have been saying all along that using Title 42 against asylum seekers was inhumane and purely politically driven. Let's hope this ruling ends this horrible policy once and for all,” he added in a statement.

The ruling comes six months after a Louisiana judge ruled in response to another lawsuit that President Joe Biden's administration could not abandon politics.

The government applied Title 42 inherited from Donald Trump before attempting to remove it.

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The ruling comes six months after a Louisiana judge ruled in response to another lawsuit that President Joe Biden's administration could not abandon politics. (REUTERS)

The Republican governors of some twenty states tried to prevent it with legal action considering that the lifting of this measure would cause a rise in border crossings, when broke the record of 2.3 million interceptions of migrants this year as of September 22.

The immigration crisis is a hot topic, as seen during last week's midterm elections.

Title 42 allows the immediate expulsion of any foreigner or non-resident who tries to enter the country without a visa.

There is no legal process or formal removal to the country of origin. And border agents can invoke it to remove a person without the lengthy interview process usually required.

But, unlike a regular removal, it does not prohibit re-entry into the United States.

Aaron Reichlin-Melnick, Director of policies of the American Immigration Council, believes that Title 42 has been “a failed border management policy that caused chaos along the border.”

(With information from AFP)

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