Tipsheet

Biden Admin Appeals Court Ruling That Invalidated Title 42 at the Border

The Biden administration filed an appeal on Wednesday to prevent Title 42, the public health order used at the border since the COVID-19 pandemic, from being lifted. A November federal court ruling set in to motion for Title 42 to expire on December 21.

The Biden administration previously attempted to lift Title 42 on their own earlier this year but was stopped by a lawsuit filed by Republican attorney generals. The order allows Border Patrol to quickly expel illegal immigrants during a pandemic in order to prevent transmission and overcrowding in U.S. facilities. 

As was the case in May, there is concern among U.S. officials the end of Title 42 will result in even more people illegally crossing the U.S.-Mexico border. There are currently around 6,000-8,000 illegal immigrants crossing per day. After Title 42 expires, there could be up to 14,000-18,000 illegal crossings per day. Former Homeland Security Secretary Jeh Johnson has stated 1,000 illegal crossings per day was considered an emergency during his tenure under President Barack Obama.