Federal Court Strikes Down Title 42 Border Protection

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Federal Court Strikes Down Title 42 Border Protection
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A federal judge on Tuesday struck down Title 42, one of former President Donald Trump’s signature border security measures, a policy that not even President Joe Biden has ended.

WASHINGTON, DC –

Although illegal crossings from Mexico are at unprecedented levels – 2 million per year –estimates are that the number could double without Title 42. Nevertheless, Judge Emmett Sullivan of the federal trial court in Washington, DC, held that Title 42 violates the Administrative Procedure Act . Specifically, Sullivan held that Title 42 is “arbitrary and capricious,” meaning that it was not even the result of reasoned decision-making.

The Clinton-appointed judge held that the federal government did not think through these factors. The government did not give “consideration of the negative impacts that the measures would have on migrants,” Sullivan wrote.

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