Officials say the Biden administration has begun expelling Cubans and Nicaraguans to Mexico under pandemic-related powers that deny migrants a chance to seek asylum.
The White House and Homeland Security Department have publicly stood behind the Centers for Disease Control and Prevention's decision to end the measure because it could no longer be justified on grounds of protecting public health.
The U.S. has expelled migrants more than 1.8 million times under Title 42 authority since March 2020, effectively overriding rights to seek asylum under U.S. law and international treaty. In doing so, migrants are not subject to immigration law, which include rights to seek protection from persecution at home.
U.S. District Judge Robert Summerhays strongly criticized the CDC's decision, suggesting he would try to keep Title 42 in effect after May 23. A hearing is scheduled May 13 for oral arguments.
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