A federal appeals court on Thursday permitted the Biden administration to deport illegal migrants for health reasons under a Title 42 rule implemented during the Trump administration to prevent the spread of COVID-19.
According to Fox News, the Biden administration appealed the decision from U.S. District Judge Emmet Sullivan, who ruled that the use of Title 42 to expel asylum-seeking migrants was unconstitutional and that the federal government needed to immediately stop such expulsions.
However, the appeals court overturned the previous judge's decision, and set oral arguments for some time in January. This gives the Biden administration at least three months, if not more, to utilize Title 42 in order to prevent more cases of COVID-19 from entering the U.S.
Biden had previously thought of overturning the Trump-era policy, but following surges at the border decided to keep it in place.
According to the Washington Examiner, Homeland Security Secretary Alejandro Mayorkas said about 20% of migrants crossing the border are infected with the virus. If these migrants were detained, Mayorkas said it would be disastrous for the migrants and government officials working at the facilities.
Immigration advocates are expected to challenge the ruling.