President Joe Biden in July extended Trump’s provision enabling swift expulsions of immigrants who cross the U.S.-Mexico border illegally during the pandemic. As COVID infection rates in the US continue to rise — an incline attributed to the mutated Delta variant of the virus that causes the disease — Biden is taking a step rooted in immigration in effort to battle the epidemiological situation. In August, the Biden administration said it would indefinitely extend Title 42, a Trump-era regulation prohibiting illegal border crossings during the pandemic. The measure is aimed at preventing the disease from spreading in holding facilities, according to officials. CDC issued an order in July “confirming the exception for unaccompanied children” from Title 42, citing “appropriate infrastructure in place to protect the children, caregivers, and local communities” from COVID-19. The border policy allows for the expulsion of migrants who cross into the U.S. at the southern border. Officials say that without the restriction, border patrol would be overwhelmed. In a declaration from a district court case, assistant secretary for border and immigration policy at the Department of Homeland Security said that “enjoining the application of the CDC order to families would exacerbate overcrowding at DHS facilities and create significant public health risks.” The DHS said application of the CDC Order is necessary to prevent COVID-19 exposure risk among department personnel, immigrants and border communities. The American Civil Liberties Union has denounced Title 42 — and Biden’s seven-month extension of it — as dangerous for immigrants and their families. Immigrant advocacy groups, meanwhile, continue pursuit of a lawsuit to eliminate Title 42.
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Michael G. Ibrahim, Esq.
Founder & Principal Attorney — Ibrahim Law Office
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DePaul University College of Law
J.D., 2013
Certificate in Public Interest Law
University of Illinois at Urbana-Champaign
B.A. Political Science & International Studies, 2010
Benjamin Hooks Public Interest Law Scholar
Editor, Journal for Social Justice — DePaul University
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