Immigration officials worried about "catastrophic surge" if Trump-era policy is lifted

Under U.S. Code, Title 42 grants significant powers to the executive branch in order to curb a contagious disease from spreading within the U.S. 

Updated: September 30, 2021 - 5:19pm

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Department of Homeland Security officials are reportedly concerned Thursday about a potential "catastrophic migrant surge" if the Biden administration complies with a previous court order requiring the government to stop deporting migrants under Title 42 of the U.S. Code.

According to NBC News, DHS Secretary Alejandro Mayorks spoke to immigration officials on a phone call to see if they were prepared for a "worst-case scenario" in which nearly 400,000 migrants attempted to cross the border illegally. This hypothetical situation could become reality, Mayorkas stressed, if the Trump-era policy instituted under Title 42 was lifted.

Under the U.S. Code, Title 42 grants significant powers to the executive branch in order to curb a contagious disease from spreading within the U.S. 

According to Politico, DHS is able to deport migrants much more quickly under this rule, citing the COVID-19 pandemic as the reason.

However, last week U.S District Judge Emmet Sullivan ruled that the federal government could no longer use Title 42 to deport families seeking asylum. Sullivan's ruling takes effect tonight at midnight if the U.S. Court of Appeals doesn't intervene.

The Biden administration has already filed an appeal, but it may petition the Supreme Court to step in if the ruling from the appeals court doesn't come down in time. 

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