The Biden administration renewed a public health order that allows U.S. border agents to quickly expel migrants arriving at the border as the ACLU is resuming a legal challenge against its continued use
its use of Title 42. It was expected to stop expelling migrant families at the end of July, but the fast-spreading Delta variant of the coronavirus and surging numbers of border apprehensions derailed those plans.
Democratic lawmakers, immigrant advocates and public health experts for months have urged the Biden administration to rescind the policy, saying its use is unlawful, inhumane and not justified by public health considerations. Migrants, they say, could be tested and isolated when they enter the country to help prevent the spread of Covid-19.
The Biden administration, for its part, argued on Monday that lifting Title 42 for migrant families would “exacerbate overcrowding at DHS facilities and create significant public health risks,” given the fast-spreading Delta variant and the record number of migrants arriving at the border. There’s also been a significant uptick in the number of migrants testing positive for Covid-19, an administration official said.
Migrant families have been apprehended at the U.S.-Mexico border more than 231,000 times this year, according to U.S. Customs and Border Protection figures. Of those, more than 70,000 — about a third — of the families were expelled back to Mexico using the Title 42 order.
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