Marysville Appeal-Democrat

Court challenge to ‘expulsion’ order looms over border policy

- Tribune News Service Cq-roll Call

WASHINGTON — The Biden administra­tion has relied on a Trump-era public health directive to continue turning away most people who try to cross the southwest border.

A lawsuit the administra­tion also has inherited, however, threatens to bar the government from applying that directive, known as Title 42, to migrant families — which could undermine the administra­tion’s border strategy and spur a new detention challenge.

Currently, the Biden administra­tion has formally exempted unaccompan­ied minors from the directive, or migrants under 18 who arrive without their parents. Rising numbers of minors coming to the U.S. alone have strained federal agencies struggling to increase capacity to house those children.

On March 30, the most recent government data available, more than 12,900 kids were in the custody of the Department of Health and Human Services, which oversees unaccompan­ied migrant children after they are picked up by border officials. More than 5,200 additional minors awaited transfer to HHS in overcrowde­d border facilities.

“If Title 42 were to be ruled — in the way it’s being used — illegal and taken down immediatel­y, the Biden administra­tion would have an immediate, major operationa­l problem at the border,” said Theresa Cardinal Brown, managing director of immigratio­n and cross-border policy at the Bipartisan Policy Center and a former official at the Department of Homeland Security.

President Joe Biden has promised to revamp the U.S. asylum system. He wants to set up more refugee processing centers abroad and move away from immigratio­n detention in favor of case management programs.

The Biden administra­tion has reversed some of President Donald Trump’s signature asylum policies, such as the program requiring asylum-seekers to “remain in Mexico” as they wait out their U.S. immigratio­n cases. But it has left Title 42 in place for families and single adults — and even continued to defend the directive in D.C. federal court.

This tactic has allowed the administra­tion to buy itself some “breathing room” to build up those processes before it fully resumes asylum at the border, Brown said.

The American Civil Liberties Union filed a legal challenge to the expulsion policy on behalf of migrant families during the final days of the Trump administra­tion.

The suit claims that the Title 42 directive, whose authority predates much of the federal immigratio­n statute, conflicts with provisions barring the U.S. from sending individual­s back to countries where they would be persecuted.

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