The judge upheld the immigration restrictions related to the epidemic
In his ruling, released on Friday, May 20, 2022, a federal judge in Louisiana upheld the health controls implemented by the Trump administration during epidemics that prevent immigrants from crossing the U.S. border.
A federal judge in Louisiana on Friday restrained Joe Biden’s administration from repealing a health measure implemented by the Trump administration during the outbreak. The Biden government immediately announced its decision to appeal the ruling.
“The administration has not accepted the court’s decision and the Ministry of Justice has announced that it will appeal,” administration spokeswoman Karen Jean-Pierre said in a statement. Meanwhile, action known as “Title 42” will continue to be used. Authorities wanted to remove the device on May 23, which is highly controversial because it prevents asylum seekers from making their claim, but Republican governors in 24 states have taken legal action against it. Judge Summerhase writes that “the court found that the plaintiffs had met the conditions for obtaining.”
These “complaint states” specifically claim that the abolition of this measure will lead to an uprising at the border and, as a result, an increase in the number of illegal immigrants living on their soil. “Title 42” was a public health measure passed in 1893 to protect the United States from the many cholera and yellow fever epidemics of the time. After that it was very rarely implemented.
In March 2020, the government of former President Donald Trump triggered the Kovit-19 epidemic to activate this health system, allowing the immediate eviction of immigrants detained at land borders without a residence permit.
Many immigrants were injured and died
This measure applies immediately and does not allow legal support even for those who wish to file an asylum application. Rare exceptions are made for certain nationalities, such as Ukrainians, or for minors who have not been invaded by their country or Russia. Since its inception, the device has been used more than 1.8 million times.
Human rights activists fear the maintenance of “Title 42”, which, paradoxically, translates into an uprising of attempts to cross the border illegally with Mexico. Because expatriates expelled under this system have no legal or judicial consequences, they can try their luck as much as they want. But they lament that accidents – dehydration in the desert, drowning, falling while crossing a wall – cause many injuries and deaths.
“This unfortunate decision could cause the government to suspend asylum applications without warning, but not to restore the normal immigration process through a lengthy and complicated process,” said AFP Aaron Reichlin-Melnick, an expert with the NGO US Immigration Council. According to him, this is a “ridiculous decision” with Mexico “which will continue to harm asylum seekers and cause confusion on the border”.
30,000 to 60,000 immigrants are concentrated on the border.
States wishing to maintain “Title 42” pushed their area apocalyptic figures, saying that the number of attempts to cross the border would now rise from 7,000 to more than 18,000 a day if health measures were removed. Many of these visa-free immigrants are believed to be waiting for 30,000 to 60,000 to open the border in northern Mexico, where they promise they will escape arrest by border guards. The Biden government acknowledged in early May that large numbers of immigrants would arrive, but Homeland Security Minister Alejandro Myorgas said he was ready to manage the pressure on the Mexican border. He also sent home a clear message that candidates for illegal immigration should not come.
In the last three weeks of April, U.S. border police arrested an average of 7,800 immigrants each day. This is almost five times the average of the 1,600 migrants registered between 2014 and 2019 before the epidemic. A few months before the midterm elections in November, both Republicans and Democrats acknowledged the problem.
The White House talks about the “broken” immigration system that Congress needs to fix, while his Republican opponents accuse Joe Biden of failing to protect the country’s southern border. “Asylum-seeking is a legal right, and this foundation of the US legal system is rapidly being destroyed in an unprecedented way,” said Kris O’Mara Vignaraja, president of the Lutheran Immigration and Refugee Service.
“The (court’s) decision undermines the Biden administration’s efforts to enforce the support of the majority of Americans: a just, humane and orderly immigration system,” he added, adding that “there is good reason to celebrate only for the coyotes who use asylum seekers.”
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