The Biden administration will appeal a federal judge’s decision to end Title 42, a policy invoked under the Trump administration, to curb the spread of COVID-19, according to a court document published Wednesday.
The Centers for Disease Control and Prevention (CDC) previously tried to scrap the policy on May 23, but the Biden administration was forced to keep it in place after several Republican states sued.
The Biden administration is now fighting in a separate case in which it has argued for the policy to remain.
“The government respectfully disagrees with this Court’s decision and would argue on appeal, as it has argued in this Court, that CDC’s Title 42 Orders were lawful,” the Department of Justice (DOJ) said in the Wednesday filing to U.S. District Court Judge Emmet Sullivan.
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The request to appeal asked Sullivan to allow the other cases to be adjudicated, suspending his order to end Title 42 in the interim.
Sullivan ruled on Nov. 15 that the Biden administration cannot use Title 42 to expel illegal migrants and subsequently granted the Department of Homeland Security (DHS) a five-week pause “with great reluctance” to prepare for an influx at the border.
The Biden administration was then given until Dec. 21 to prepare for the policy to end, which many have predicted could lead to chaos at the southern border on top of already record numbers of illegal migrants. U.S. Customs and Border Protection (CBP) encountered more than 2.3 million migrants at the southern border in fiscal year 2022 and another more than 230,000 in October.