Judge blocks Title 42 but the immigration policy remains in effect for now

• Judge blocks Title 42 and gives the Biden administration 5 weeks to end it.
• The Biden administration says it will comply.
• They warn undocumented immigrants not to be fooled by coyotes.

A judge blocked Title 42 for the expedited expulsion of immigrants at the border but the Biden administration has asked the court to stay the order for five weeks so they can make an orderly transition.

The Department of Homeland Security (DHS) said that it would not be opposed to Title 42 finally ending, although it clarified that the policy that allows the immediate expulsion of immigrants will remain in force while they establish a new process for handling undocumented immigrants at the border.

Title 42, expedited expulsion of immigrants at the border, is ending

Although they did not indicate a specific timeframe, the Department of Homeland Security (DHS) said that, «Title 42 would remain in effect for some time.» The judge has given the administration five weeks to comply with his order.

“The United States will continue to fully enforce our immigration laws at our border,” the agency clarified. «In response to the court order, the Department of Justice is filing a motion to stay without objecting.“

What does this mean?

This means that the Biden administration will not appeal the decision of Washington, DC District Judge Emmet Sullivan, though he will file a petition granting them more time before Title 42 comes to an end.

“The delay in the implementation of the judicial order will allow the government to prepare for a orderly transition of new border policies,“ said DHS, according to El Diario NY.

Warning about coyotes

The Department of Homeland Security is concerned that those who engage in human trafficking will take advantage of the news that Title 42 has ended to trick immigrants about the border opening immediately.

“We know that smugglers will lie to try to take advantage of vulnerable migrants, putting lives at risk,” said the immigration agency. “We continue to work with countries across the Western Hemisphere to crack down on the smuggling networks that lure migrants into the dangerous and often deadly journey.”

Title 42 is still in force for now!

During the pandemic, amid Covid-19 health restricitons, former President Donald Trump began to implement Title 42, a regulation that allowed officials to immediately expel immigrants who had crossed the border illegally without even the possibility of them applying for asylum, reported CNN.

On Monday, Judge Sullivan called the policy «capricious» and said it violated federal administrative process. “The court annuls Title 42 […] and all memos issued by the Center for Disease Control and by the Department of Health and Human Services to suspend the right of entry of certain persons into the United States,” the order says. Despite the judge’s instruction, undocumented immigrants with plans to travel to the US are advised to take into account that the policy is still in force.