A federal appeals court issued a Thursday order preserving the government’s power to expel illegal immigrants who crossed the border during the pandemic.

A lower court judge ruled the expulsions illegal. However, the Circuit Court of Appeals for the District of Columbia placed his ruling on hold pending further arguments.

The three-judge appeals panel scheduled oral argument for January. This means that the government still has at least three months to use Title 42 in order to stop at least some illegal immigration from the current unprecedented border surge.

Title 42 The Centers for Disease Control and Prevention has determined that illegal immigration is a grave health risk.

U.S. District judge Emmet Sullivan had ruled that the expulsions were beyond what Title 42 intended. His decision was appealed by the Biden administration.

Homeland security secretary Alejandro Mayorkas stated this week that 20% most of the migrants they see at the border are sick. Given the number of people they see of 7 ,000 each day, he believes having them in Border Patrol stations could lead to disease spread.

Immigrant rights advocates claim Title 42,, which was started under President Trump but expanded by the Biden administration is based upon the idea that immigrants are sickly.

They have asked the Biden team for a cancellation of the pandemic order. It denies asylum-seekers the opportunity to present their case since they are immediately expelled.

” If the Biden administration truly wants to treat asylum seekers humanely it should immediately end its lawless policy and withdraw its appeal.

We’ll continue fighting this illegal policy,” Lee Gelernt (American Civil Liberties Union lawyer) said in the case against Title 42.

In the Trump era more than 90% border jumpers were expelled with Title 42 within a few months.

Under Biden’s team, this ratio has fallen to half of border jumpers. Mayorkas claims that he isn’t getting as much Mexican cooperation in returning the expelled migrants.

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