Federal judge blocks Trump-era Title 42 that allowed expulsion of migrants

District Court Vacates Title 42 – Huisha-Huisha v. Mayorkas

Federal judge blocks Title 42 rule that allowed expulsion of migrants at US-Mexico border, restoring access for some asylum seekers

A federal judge blocked Title 42 – a controversial rule that’s allowed US authorities to expel more than 1 million migrants who crossed the US-Mexico border.

Tuesday’s court order leaves the Biden administration without one of the key tools it had deployed to address the thousands of migrants arriving at the border on a daily basis and could restore access to asylum for arriving migrants.

While the rule was drafted by the Trump administration during the Covid-19 pandemic, the Biden administration has relied heavily on it to manage the increase of migrants at the border.


ORDERED that Plaintiffs’ Motion for Partial Summary
Judgment, ECF No. 144, is GRANTED. The Court vacates and sets
aside the Title 42 policy—consisting of the regulation at 42
C.F.R. § 71.40 and all orders and decision memos issued by the
Centers for Disease Control and Prevention or the U.S.
Department of Health and Human Services suspending the right to
introduce certain persons into the United States; and declares
the Title 42 policy to be arbitrary and capricious in violation
of the Administrative Procedure Act and permanently enjoins
Defendants and their agents from applying the Title 42 policy
with respect to Plaintiff Class Members; and it is further ORDERED that any request to stay this Order pending appeal will be denied for the reasons stated in the accompanying

Memorandum Opinion.

165 – Huisha MSJ opinion


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