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Immigration Law

Expert: Biden Has Three Options on Title 42

Haisten Willis, Washington Examiner, May 24, 2022

"After experiencing yet another courtroom setback, the Biden administration is appealing and weighing options for the future of Title 42, the COVID-19-related policy of turning away unauthorized migrants at the southern border. A federal judge temporarily halted President Joe Biden's plans to end the pandemic health policy Monday. The White House says it will appeal but is not seeking a stay, meaning Title 42 will remain in place for now. ... According to Stephen Yale-Loehr, professor of immigration law practice at Cornell Law School, the Biden administration has three options going forward. It can appeal to the 5th U.S. Circuit Court of Appeals, start the rule-making process and ask for public comment on terminating Title 42, or give up and keep the measure in place. Since the White House has already said it will appeal, that process will play out over the course of several months, leaving Title 42 effectively in place for the foreseeable future. Yale-Loehr said the decision not to seek a stay may have boiled down to practical reasons. "I suspect the reason is that it is very hard to win an emergency stay," he said."