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Biden administration extends Trump-era policy allowing illegal immigrants to be expelled amid COVID

The policy, known as Title 42, was instituted by Trump administration, is executed through Centers for Disease Control and Prevention.

Updated: August 3, 2021 - 10:18am

The Facts Inside Our Reporter’s Notebook

The Biden administration has extended a federal-health policy that allows for migrants to be expelled from the U.S. to prevent the spread of COVID-19 in holding facilities.

The policy, known as Title 42, was instituted by the Trump administration and is executed through the Centers for Disease Control and Prevention.

The agency said Monday the policy will remain in effect "until the CDC director determines that the danger of further introduction of COVID-19 into the United States from covered non-citizens has ceased to be a serious danger to the public health, and the order is no longer necessary to protect the public health."

The order allows Customs and Border Protection officials to expel undocumented migrants to prevent the spread of the virus in holding facilities, though some children and families are exempt, according to the USA Today newspaper.

The Department of Homeland Security on Monday attempted to make clear the order is a public health authority, not an immigration authority.

President Biden has received backlash from immigrant activists and some fellow Democratic lawmakers for keeping the policy in place.

Also on Monday, the American Civil Liberties Union and other immigrant rights groups resumed a lawsuit challenging the order, after months of unsuccessful negotiations to end the policy, USA Today also reports.