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