Order barring migrant child expulsions appealed

THEU.S. government has appealed a judge’s order barring the expulsions of immigrant children who crossed the border alone, a policy enacted during the coronavirus pandemic to deny the children asylum protections.

Judge Emmet Sullivan issued a preliminary injunction Nov. 18, sought by advocates for immigrants, that barred expulsions of unaccompanied children under public health laws.

The Justice Department filed a notice of appeal Wednesday night to the U.S. Court of Appeals for the District of Columbia Circuit. It also asked Sullivan to issue a stay of the injunction pending appeal, a request he previously denied.

Since March, border agents have expelled 200,000 immigrant adults and children, citing a need to prevent the spread of the virus.

In its filing Wednesday night, the Justice Department cited the virus’ spread in Texas and Arizona border communities. It warned that Sullivan’s order “likely will have an irreversible impact on public health” by straining hospital capacity and forcing the government to move “potentially infected” children and teenagers through airports.

Immigration advocates argue that the Trump administration is using the pandemic as a pretext to crack downon immigrants.

“There is no basis for allowing this cruel, unprecedented policy to take effect, given the harm that these young children would face if sent back and the readily available ways of safely housing the children,“ACLU Lee Gelernt said in an email.