Federal Court Ruling on Title 42 Restores the Rule of Law and Access to Asylum for Children, Adults, and Families

FOR IMMEDIATE RELEASE

Tuesday, November 15, 2022

Media Contact: Anabel Mendoza | amendoza@theyoungcenter.org

Washington D.C.— Today a federal judge issued a resounding victory in the fight to restore asylum. Federal Judge Emmet Sullivan ruled that Title 42 –a policy invoked by the Trump administration during the pandemic and recently expanded under President Biden—is “arbitrary and capricious” and thus violates the Administrative Procedure Act. His ruling prevents the U.S. from expelling any migrant under the policy.

Jennifer Nadga, Policy Director at the Young Center for Immigrant Children’s Rights, said:

“Title 42 should never have been implemented—it was a transparent attempt to close the border to asylum seekers using the pretext of the pandemic as justification. Today’s ruling from Judge Sullivan calls out that lie and is a critical step to return to the rule of law, one carelessly tossed aside for nearly three years.

Since its inception, the Young Center and our allies have sounded the alarm about Title 42, calling attention to how the policy ignores immigration law, increases family separation, and sends children, adults, and families back to the very dangers they fled without any opportunity to seek protection—much less a fair one.

Ending Title 42 is a critical step in restoring our asylum system, but the work doesn’t end here. The administration should accept the extensive and well-reasoned opinion of the court and abandon any appeal. Moreover, the administration and Congress must use every opportunity to support people unjustly separated and expelled under Title 42 and ensure no future policies increase family separation or intentionally put children in harm’s way.”

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The Young Center for Immigrant Children’s Rights is a non-profit organization that protects and advances the rights and best interests of immigrant children and advocates for an immigration system that treats children as children first. For press inquiries, please contact Anabel Mendoza at amendoza@theyoungcenter.org