The decision of a federal judge in Louisiana that last Friday decided to block the lifting of the controversial Title 42as the Joe Biden administration had decreed, ended up being something of a “blessing” for a president who was on the verge of a daunting migration crisis on the southern border with Mexico.
(Also read: The US will continue with the express expulsion of migrants after a judge’s decision)
Title 42, created in March 2020 by the Donald Trump administration, gave the authorities the power to expel detained migrants from the country through an expedited process and without the procedural guarantees granted by the US system for those who arrive at the border asking for asylum and refuge.
The measure was based on an opinion from the Centers for Disease Prevention and Control (CDC), according to which there was a health emergency in the country caused by the covid-19 pandemic and that migrants increase the potential for contagion with the virus.
Since then, both the Trump and Biden administrations, have expelled by this “express” route more than 1.7 million peopleincluding thousands of Colombians.
(You may be interested: The number of Colombians trying to cross the southern border of the United States continues to rise)
Although initially the provision made a lot of sense, and several countries also closed their borders to foreigners, it began to lose validity with the arrival of vaccines.
In March of last year, in fact, the borders were reopened to trade and, in general, in the US, all the restrictions that were lifted during the pandemic have been eliminated. Despite this, Title 42 continued to be applied.
Within the Democratic party, Biden was widely criticized for maintaining this Trump legacy, which they saw as a strategy to curb immigration and asylum using covid as a pretext.
For Biden, however, it was an explosive issue because people were arriving at the border, even under the threat of immediate expulsion, in record numbers.
(Keep reading: The risks for those who decide to cross through ‘El Hueco’)
Border authorities had warned that a tsunami of migrants was coming
But that changed last month. In April, the CDC declared that the health emergency was over and therefore Title 42 was no longer necessary.
Biden, a few days later, announced a plan to eliminate his application and set the official end of the measure for this Monday, May 23. Despite preparations, border authorities had warned that a tsunami of migrants was coming. They calculated, in fact, a doubling in the number of migrants trying to enter daily.
Something they weren’t prepared for. On Friday, when the resumption of the process seemed inevitable, the sentence of federal judge Robert R. Summerhays, who was appointed by Trump, appeared.
According to the judge, Title 42 should remain in force until a lawsuit filed on April 3 by 24 states, and led by Arizona, Louisiana and Missouri, is resolved.
In the lawsuit, the states argue that Title must remain to prevent a “surge of illegal immigration and drug trafficking.”
That lawsuit is ongoing and could take several months to resolve. On paper, the lawsuit does not have many merits to prosper since the origin of Title 42 is not illegal immigration or drug trafficking but covid-19.
(Also: Illegal Migration: The Journey of a Couple and Their Baby to Enter the US)
But given the politicization of the judicial system that exists today in the US, and the conservative majority that exists in the Supreme Court of Justice, anything could happen.
As expected, the Justice Department challenged the judge’s decision before an appeals court, which will review the case. But that process also takes several months.
Karine Jean-Pierre, a spokeswoman for the White House, indicated that while the appeal takes its course, deportations via Title 42 will continue. Likewise, that the administration will continue working on the scheme that will be applied once the measure is lifted and that it includes a procedure to remove a person also in an expeditious manner if they have no reason to remain in the United States. accelerated asylum procedures to determine if a person deserves this status or not.
(You can read: Illegal migration of Colombians: life in the hands of ‘coyotes’)
Title 42 is an emergency measure for public health (…) It is not a provision to manage the border situation
The judge’s decision, in any case, was harshly questioned by some Democrats and those who defend the rights of migrants.
“This ruling is ridiculous, brazen, and erodes our asylum system. Title 42 is an emergency measure for public health that can be started and terminated by the administration. It is not a provision to manage the border situation,” said the representative. to the Raúl Ruiz Chamber.
But for Biden it was almost providential. On the one hand he avoids the party’s direct criticism of him, since it was a judge who made the decision to block his order. And on the other, he postpones the attack that was seen coming from the Republicans with a border in crisis due to the massive arrival of immigrants.
Especially now that the mid-term elections are approaching, where the immigration issue may weigh heavily.
But of course, Biden knows that this is a temporary decision and that sooner or later he will have to face the reality that lies ahead at the border.
SERGIO GOMEZ MASERI
Correspondent of THE TIME
Washington
@sergom68
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