Controversial Title 42 Border Policy Vacated by Federal Judge

Migrants walk on the beach after crossing the Rio Grande River in Eagle Pass, Texas, in May.

(Dario Lopez Mills/The Associated Press)

A federal judge in Washington, D.C., has cleared a controversial border policy known as Title 42, a public health law invoked during the pandemic that allowed border agents to quickly turn migrants back.

The policy was set by the Trump administration in 2020. The Biden administration continued to use Title 42 before trying to terminate it in the spring, an effort that was blocked in court.

On Tuesday, US Judge Emmett Sullivan dismissed the policy, calling it “arbitrary and capricious.” Sullivan revoked the use of the policy and all associated warrants.

“We hope the ruling will bring an end to this shameful period of misuse of public health laws to prevent desperate asylum seekers from getting a hearing,” said Lee Gellert, the ACLU attorney who led the case against the policy in federal court.

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