facebook linkedin twitter

Louisiana Judge Hears Oral Arguments in Challenge to Title 42 Termination

May 14, 2022 by Reece Nations
Louisiana Judge Hears Oral Arguments in Challenge to Title 42 Termination
Robert R. Summerhays, then-President Donald Trump's nominee for District Judge for the Western District of Louisiana gives testimony during a U. S. Senate Judiciary Committee Hearing on Capitol Hill in Washington on Wednesday, April 11, 2018. (AP Photo/Harry Hamburg, File)

LAFAYETTE, La. — Judge Robert Summerhays of the U.S. District Court for Western Louisiana heard arguments on Friday in a federal lawsuit that seeks to delay the planned end of the Title 42 migrant expulsion public health authority.

Lawyers for a coalition of states made their case for keeping Title 42 in place by contending that the Biden administration should not have announced the authority’s termination prior to implementing an immigration plan to deal with the expected increase in southern border crossings. 

The states’ lawyers argued that the decision to revoke Title 42 was made without an appropriate period for notice and comment, and that lawmakers should get more time to evaluate the Department of Homeland Security’s border plan.

In response, lawyers for the Centers for Disease Control and Prevention argued that the agency made its decision because the public health authority is no longer needed at this stage in the pandemic. Attorneys with the Center for Immigration Law and Policy at the UCLA School of Law and the National Immigration Project of the National Lawyers Guild are seeking to intervene in the case, arguing that any injunction the court orders in the case should be limited in geographic scope.


“We know that Title 42 and its continued implementation continues to cause unspeakable harm to [the defendants], but also to countless other families who are seeking nothing more than safety for themselves,” Monika Langarica, staff attorney for UCLA’s Center for Immigration Law and Policy, said in a call with reporters. “Arizona and Texas continue to seek a nationwide injunction which would prevent the termination of Title 42 from taking effect. They seek an injunction that would apply along the entire border despite the fact that states like California and New Mexico are not parties to this lawsuit.”

Attorneys for 24 states, most of which are led by Republicans, have signed on in support of the lawsuit. Summerhays declined to issue an immediate ruling in the case but said he planned to issue a ruling before Title 42’s planned rescission on May 23.

Summerhays had previously issued a temporary restraining order prohibiting the Biden administration from incrementally rolling back the public health authority before he issues a ruling in the case. In January, the Biden administration defended its use of Title 42 over the objections of immigrant rights advocates and attorneys.


“This court’s decision will impact the lives of thousands of people who are currently stuck outside our borders in very precarious circumstances because they are denied their legal and human rights to apply for asylum,” Matt Vogel, supervising attorney at the National Immigration Project, said on Friday. “Title 42 has already cruelly and arbitrarily prevented tens of thousands of people from exercising their right to seek asylum for more than two years and now the federal government has finally taken steps to end this callous [and] cruel policy.”

Vogel said the plaintiff states are attempting to dictate national immigration policy by seeking a nationwide injunction from a judge appointed by former President Donald Trump in Louisiana. Further, Vogel characterized the lawsuit as an attempt to perpetuate Trump’s “racist, cruel anti-immigrant agenda.”

The public health order has led United States Customs and Border Patrol agents to expel over 1.8 million migrants since March 2020, according to CBP data. Many of these individuals could have remained in the country as their asylum claims were processed, but the order permits the expulsion of migrants without having to conduct a credible fear interview.

Immigrant rights advocates have argued that because migrants aren’t granted the opportunity to file asylum claims under the order, it is therefore illegal under international law. In a brief submitted to the court last week, legal counsel for migrant legal service and advocacy organizations said Title 42 subjects credible asylum seekers to kidnapping, rape, extortion, torture and family separation.

The states vying to keep Title 42 in place maintain doing so is necessary to protect the well-being of U.S. citizens and residents. They also listed the monetary costs states would be forced to take on should a surge of migrants overwhelm their health care systems, law enforcement agencies, education systems and social services.

“Defendants’ unlawful termination of the Title 42 policy will induce a significant increase of illegal immigration into the United States, with many migrants asserting non-meritorious asylum claims,” the plaintiffs in Arizona v. CDC wrote in support of Title 42’s continuation. 


“Indeed, press reports state that [the] defendants themselves predict that the termination order will create an unprecedented surge at the border that will overwhelm [the] defendants’ capacity to enforce immigration laws at the border — they predict that the daily number of aliens unlawfully trying to enter the United States will nearly triple.”

Reece can be reached at [email protected]

A+
a-

In The News

Health

Voting

Immigration

May 17, 2022
by Dan McCue
New Memoir by Playwright, Musician Alvin Eng Captures the Heart of the Asian-American Experience

WASHINGTON — You think you know a guy. Many years ago, the playwright and author Alvin Eng and this writer... Read More

WASHINGTON — You think you know a guy. Many years ago, the playwright and author Alvin Eng and this writer were a pair of young rock journalists, honing our craft at numerous small publications around the New York metropolitan area and planning our days and nights... Read More

May 14, 2022
by Reece Nations
Louisiana Judge Hears Oral Arguments in Challenge to Title 42 Termination

LAFAYETTE, La. — Judge Robert Summerhays of the U.S. District Court for Western Louisiana heard arguments on Friday in a... Read More

LAFAYETTE, La. — Judge Robert Summerhays of the U.S. District Court for Western Louisiana heard arguments on Friday in a federal lawsuit that seeks to delay the planned end of the Title 42 migrant expulsion public health authority. Lawyers for a coalition of states made their... Read More

April 29, 2022
by Reece Nations
DHS Secretary Grilled Over Title 42, Immigration Plans

WASHINGTON — Department of Homeland Security Secretary Alejandro Mayorkas faced tough questions this week from lawmakers, who pressed him over... Read More

WASHINGTON — Department of Homeland Security Secretary Alejandro Mayorkas faced tough questions this week from lawmakers, who pressed him over his department’s plan for southwest border security and preparedness set to take effect as Title 42 expires. On Thursday, Mayorkas testified before the House Judiciary Committee... Read More

High Court Could Free Biden to End Trump Asylum Policy

WASHINGTON (AP) — The Supreme Court on Tuesday questioned lower-court orders that have blocked the Biden administration from ending a... Read More

WASHINGTON (AP) — The Supreme Court on Tuesday questioned lower-court orders that have blocked the Biden administration from ending a controversial Trump-era immigration program for asylum-seekers. Questions from conservative and liberal justices during nearly two hours of arguments suggested that the court could free the administration... Read More

April 13, 2022
by Reece Nations
First Bus of Texas Migrants Arrives Near Capitol 

WASHINGTON — A week after Texas Gov. Greg Abbott vowed to begin transporting busloads of migrants to Washington, D.C., the... Read More

WASHINGTON — A week after Texas Gov. Greg Abbott vowed to begin transporting busloads of migrants to Washington, D.C., the first transport arrived blocks away from the Capitol building. At Abbott’s direction, the Texas Division of Emergency Management chartered the buses to transport the people apprehended... Read More

April 11, 2022
by Reece Nations
Bipartisan, Bicameral Groups of Lawmakers Push to Delay Title 42 End

WASHINGTON — Since the Biden administration’s announcement marking the expected end of the Title 42 migrant expulsion health authority, bipartisan... Read More

WASHINGTON — Since the Biden administration’s announcement marking the expected end of the Title 42 migrant expulsion health authority, bipartisan and bicameral lawmakers have pushed back on the policy’s revocation. Legislation was introduced last week by Sens. James Lankford, R-Okla., and Kyrsten Sinema, D-Ariz., along with... Read More

News From The Well
scroll top