Pandemic-era asylum limits lie in the hands of US District judge
LOUISIANA An attorney arguing for 21 states urged a federal judge Friday to block Biden administration plans to lift pandemic-related restrictions on migrants requesting asylum, saying the decision was made without sufficient consideration on the effects the move could have on public health and law enforcement.
Drew Ensign, an attorney for the state of Arizona, told U.S. District Judge Robert Summerhays the lawsuit Arizona, Louisiana and 19 other states filed to block the plan was “not about the policy wisdom” behind the announcement to end the plan May
23.
But, Ensign said, the Centers for Disease Control did not follow proper administrative procedures requiring public notice and gathering of comments on the decision to end the restrictions imposed under what is known as Title 42 authority. The result, he said, was that proper consideration was not given to likely resulting increases in border crossings and their possible effects, including pressure on state health care systems and the diversion of border law enforcement resources from drug interdiction to controlling illegal crossings.
Jean Lin, with the Justice Department, argued that the U.S. Centers for Disease Control was within its authority to lift an emergency health restriction it felt was no longer needed. She said the CDC order was a matter of health policy, not immigration policy.
“There is no basis to use Title 42 as a safety valve,” Lin told Summerhays.
Summerhays gave no indication when he would rule, but he noted that time is short and he told attorneys they did not need to file post-argument briefings. In addition to deciding whether to block the policy, he also will decide whether his ruling applies nationwide or in specific states.
So far, Summehays’ rulings have strongly favored those challenging the administration.
Migrants have been expelled more than 1.8 million times since March 2020 under federal Title 42 authority, which has denied them a chance to request asylum under U.S. law and international treaty on grounds of preventing the spread of COVID-19.
On April 1, the CDC announced President Joe Biden’s plan to end the restriction by May 23, drawing criticism from Republicans and some Democrats who fear the administration is unprepared for a widely anticipated influx of migrants.
Arizona, Louisiana and Missouri quickly sued and were later joined by 18 other states in the legal challenge being heard Friday. Texas sued independently.
After the administration acknowledged last month that it had already begun phasing out the pandemic restriction by processing more migrants under immigration law instead of Title 42, Summerhays ordered the phaseout stopped.