The Biden administration plans to appeal a federal court order that blocked former President Donald Trump’s Title 42 immigration policy.
On Wednesday, Justice Department attorneys filed a notice announcing the appeal, according to Politico.
“The government respectfully disagrees with this Court’s decision and would argue on appeal, as it has argued in this Court, that CDC’s Title 42 Orders were lawful,” Justice Department attorneys wrote in the notice.
The administration’s strategy is to ask the D.C. Circuit Court to pause the appeal until the New Orleans-based 5th Circuit in Louisiana has decided on a separate case involving Title 42 — a process that could take months and perhaps more than a year.
The appeal comes after U.S. District Judge Emmet Sullivan ruled against Title 42 last month, calling the policy “arbitrary and capricious.”
Last May, the Biden administration sought to terminate the policy but was stopped by U.S. District Judge Robert R. Summerhays of Louisiana in a lawsuit brought by 24 Republican-led states. Biden’s Justice Department appealed the decision but the case has yet to hear arguments.
As American Liberty News previously reported:
D.C. federal district court Judge Emmet Sullivan ruled the policy was in violation of the Administrative Procedures Act, effectively preventing the Biden administration from implementing the policy to curb his border disaster.
The Tuesday decision “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,” according to Sullivan’s 49-page opinion.
Sullivan criticized the CDC’s order that allowed the policy to go into effect in 2020, saying it “ignore[d] the harm that could be caused.” He noted the agency failed to consider other options, such as allowing immigrants to self-quarantine in homes of U.S.-based friends, family, or shelters and noted the CDC should have reexamined its approach when COVID-19 vaccines and testing became more widely available in 2021.
“With regard to whether defendants could have ‘ramped up vaccinations, outdoor processing, and all other available public health measures’ … the court finds the CDC failed to articulate a satisfactory explanation for why such measures were not feasible,” Sullivan added.
The Trump-era policy was initially implemented to help rapidly expel migrants as the country grappled with the Covid-19 pandemic. The policy has been used by the Trump and Biden administrations to deport more than 2 million migrants, according to Fox News.
This is a breaking news story. Check back with American Liberty News for the latest updates.
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How about his other poliices like Energy
Change of policy? Just mebbe it was all the illegals at loose ends roaming over DC and soiling the streets. Sometimes you have to hit the mule upside the head with a 2 x 4 to finally get his attention. He should send them all to ring Obama’s doorbell.