San Antonio Express-News

Pandemic-era limits on asylum now are in hands of federal judge

- By Kevin Mcgill

LAFAYETTE, La. — An attorney arguing for 24 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 Summerhays the lawsuit Arizona, Louisiana and 22 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 and Prevention 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 CDC 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 said.

Summerhays gave no indication when he would rule.

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 other states in the legal challenge being heard Friday. Texas had sued independen­tly but last week joined the Arizona-led suit along with North Dakota and Virginia.

After the administra­tion acknowledg­ed last month it had already begun phasing out the restrictio­n, Summerhays ordered the phaseout stopped.

An appointee of former President Donald Trump, Summerhays wrote last month that winding down restrictio­ns would inflict “unrecovera­ble costs on healthcare, law enforcemen­t, detention, education, and other services” on the states.

He also said the administra­tion likely failed to follow federal rule-making procedures in planning the May 23 end of the policy. Friday’s arguments pertained to whether to keep restrictio­ns in place beyond that date while litigation proceeds.

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