FWD.us Statement on Injunction Blocking End to Title 42

WASHINGTON, DC — Today, a federal judge ruled in favor of barring the end of Title 42, preventing the Biden Administration from ending the program on May 23. FWD.us President Todd Schulte issued the following statement:
“Minutes ago, a federal judge put in place an injunction blocking the Biden Administration from ending Title 42 — effectively ensuring that Title 42 will almost certainly remain in place for many, many months at a minimum, and potentially much longer.

“While expected, today’s legally unjustifiable ruling will force the Administration to extend this illegal, chaotic, and inhumane policy almost certainly until at least the end of this year. It is important to note we ended up here both because the Biden Administration did not follow through on its promises to end Title 42 last year, and because this court took actions that are simply not defensible to dictate that this illegal policy remain in place—which it now likely will do for many months, if not well into the next year, as the case moves through the courts.

“With Title 42 almost certainly forced into place for a long period of time, we want to be clear on what Congress should and should not do. Some Members of Congress have proposed legislation that would mandate the use of Title 42 for as long as the COVID-19 public health emergency exists—this is absolutely the wrong approach. That legislation would effectively end the asylum system for what is likely many years to come—under a false and feigned public health pretext. Members of Congress have asked for a clear plan from the Biden Administration on the process for ending Title 42, but this current proposal in no way will bring forth a plan. All it does is continue a deeply cruel, politically unpopular, and chaotic status quo.

“The illegal application of Title 42 over the last 26 months has never been about public health. In the terrifying days when a pandemic that has killed more than 1 million Americans first spread across the United States, the Trump Administration illegally put in place a ‘public health’ order as another tool for slashing legal immigration avenues to the U.S. The Biden Administration made a terrible misjudgment with horrific consequences when it failed to follow through on its promises and end this program at the beginning of 2021. And today, a federal judge will build on these steps and force this policy into place for the foreseeable future, a decision with disastrous impacts on predominantly Black, Brown, and indigenous people, for whom the ability to seek refuge is their last, best chance — and for whom the promise of an America that can be a refuge for those most vulnerable will be shattered by a door slammed shut.”

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