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Judge Blocks Title 42 in Midst of Border Crisis

 Rebecca Downs  |  November 15, 2022 Townhall.com

As if the southern border were not experiencing enough of a crisis with the failures of the Biden administration and record-high border crossings, U.S. District Judge Emmet Sullivan on Tuesday blocked the use of Title 42 to expel migrants at the border. 

As reporting from The Hill highlighted, Judge Sullivan found that Title 42 violated the Administrative Procedure Act (APA), "because CDC failed to adequately consider alternatives and the policy did not rationally serve its stated purpose."

"It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals, particularly when those actions included the extraordinary decision to suspend the codified procedural and substantive rights of noncitizens seeking safe harbor," he also wrote. 

Judge Sullivan's decision comes after a lawsuit was brought by the ACLU, which celebrated the decision in a statement from Lee Gelernt, one of the attorneys. "Title 42 has caused grave harm to thousands of desperate asylum seekers. The ruling puts an end to a policy that misused the public laws as a pretext to abandon our commitment to provide a hearing to those fleeing danger," he said. 

There's no word in such a statement about how the United States is already facing a border crisis, though. 

Fox News' Bill Melugin, who often reports from the border, noted that "multiple Border Patrol sources" are expected even more crossings, on top of what they're already experiencing. 

Judge Sullivan's decision comes after Julio covered, also on Tuesday, that Gov. Greg Abbott (R-TX) has declared  there is an invasion at the U.S.-Mexico border on Tuesday, invoking the "Invasion Clauses of the U.S. and Texas Constitutions."

Stunningly, Homeland Security Secretary Alejandro Mayorkas continues to claim that "yes" the border is secured, as recently as earlier on Tuesday when testifying before Congress.