A federal judge in Louisiana blocked Joe Biden’s administration on Friday, May 20, 2022 from lifting immigration restrictions imposed at the start of the Covid-19 pandemic. These health measures implemented by the Trump government during the pandemic make it possible in particular to deport without delay migrants crossing the land borders of the United States without a visa.
The authorities wanted to lift this device called “Title 42” on May 23, which is very controversial because it notably prevents asylum seekers from formulating their request, but the Republican governors of 24 opposing states had taken legal action.
“The tribunal finds that the plaintiff states have met the conditions” to obtain its provisional maintenance, writes the judge Robert Summerhays in his decision.
A health system allowing migrants to be expelled without delay
“Title 42” is a public health measure that was adopted in 1893 to protect the United States against the numerous epidemics of cholera and yellow fever that were occurring at the time. It has only very rarely been implemented since then.
In March 2020, the government of former President Donald Trump activated this health system to be able to expel without delay migrants without residence permits arrested at land borders.
This measure is immediate and does not allow legal recourse, even for those who wish to file an asylum application. Rare exceptions are provided for, for certain nationalities such as Ukrainians since the invasion of their country by Russia, or for unaccompanied minors.
Since coming into force, the device has been used more than 1.8 million times.
Towards chaos on the Mexican border?
Human rights activists feared the maintenance of “Title 42”, which they believe translates into an upsurge in attempts to illegally cross the border with Mexico, with many injured and dead.
“This regrettable decision says the government can suspend asylum applications without notice but cannot restore a normal immigration process without going through a long and complicated process”responded to AFP’s Aaron Reichlin-Melnick, expert of the NGO American Immigration Council.
He believes that this “Absurd decision will continue to harm asylum seekers and cause chaos at the border” with Mexico.
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