Skip to Content

Federal judge rules Title 42 restrictions must continue

US Customs and Border Protection

UPDATE: The Justice Department intends to appeal a federal judge's ruling to keep Title 42 in place. In a statement, spokesman Anthony Coley said:

“The Centers for Disease Control and Prevention (CDC) invoked its authority under Title 42 due to the unprecedented public-health dangers caused by the COVID-19 pandemic. CDC has now determined, in its expert opinion, that continued reliance on this authority is no longer warranted in light of the current public-health circumstances. That decision was a lawful exercise of CDC’s authority."

The Department of Homeland Security also released a statement:

"As we have repeatedly stated, Title 42 is not an immigration authority, but a public health authority employed by the Centers for Disease Control and Prevention to protect against the spread of communicable disease, in this case, COVID-19. We will comply with the court’s order to continue enforcing the Centers for Disease Control and Prevention’s Title 42 Order as long as it remains in place. Meanwhile, DHS will continue to execute its comprehensive, whole-of-government plan to manage potential increases in the number of migrants encountered at our border. As part of this effort, DHS has established a Southwest Border Coordination Center to execute those plans. DHS will also increase personnel and resources as needed, and has already redeployed more than 600 additional law enforcement officers to the border."

UPDATE: Associated Press: Judge rules COVID-19 asylum restrictions must continue on southern US border; blocks US government plan to end them.

Title 42 - Memorandum Ruling 052022 by David Gonzalez on Scribd

EL PASO, Texas – The Biden administration set Monday, May 23 as a deadline to lift Title 42. The controversial policy was invoked during the Trump Administration to curb the spread of Covid-19.

It's a Centers for Disease Control and Prevention policy that gives border agents the ability to turn away migrants without a chance for asylum.

Here’s what you need to know about Title 42, the pandemic-era policy that quickly sends migrants to Mexico

In April, the CDC said the policy is no longer necessary given the reduction of cases and widespread availability of Covid-19 vaccines and treatments.

Twenty states, including Texas, brought a lawsuit against the Biden Administration's decision to terminate the policy.

The Department of Homeland Security says it's preparing for a surge by increasing resources and capacity at the southern border.

El Paso Border Patrol prepares for end of Title 42 migrant expulsions

Author Profile Photo

David Gonzalez

ABC-7’s digital content director



  1. At least there’s some in this 3 ring circus (executive, the s.h.i.t. for brains branch, judicial, and legislative) that have some sense, although the INVASION CONTINUES other ways. F..j..b

  2. Now they will cross illegally and we won’t know who they are or whether or not they are criminals or on the terrorist watch list. Good move judge.

  3. Meh. The judicial system replaced the executive branch and congress years ago. Both far right and far left whine about it unless they like the decision. Doesn’t make it right.

    1. If it’s legitimate asylum, I’ve no problem. No real American should. But if it’s just because they have a family member already here and they want a better job, then no. Wait in line like your and my ancestors did.

Leave a Reply

Skip to content