SILVER SPRING, Maryland — On Nov. 15, U.S. District Court Judge Emmet G. Sullivan issued a decision vacating and ending the use of the Title 42 health policy to expel migrants rapidly at the U.S. border. Judge Sullivan found the use of the policy “arbitrary and capricious” in violation of the Administrative Procedures Act.  

“Judge Sullivan’s decision affirms what immigration legal practitioners and advocates have long said: that Title 42, a public health order, has been misused and substituted for just and legitimate border policy,” said Anna Gallagher, Executive Director at the Catholic Legal Immigration Network, Inc., or CLINIC. “The use of Title 42 has denied many the legal right to seek asylum. The rapid expulsions have led to great harm for hundreds of thousands of vulnerable migrants.” 

The Biden administration has requested a stay of Judge Sullivan’s ruling for five weeks, until Dec. 21, in order for the government to prepare for the end of Title 42 expulsions. 

“We pray this decision will lead to a reimagination and rebuilding of border and asylum policy that will have at its heart respect for the dignity of all who come to our borders,” continued Gallagher. “The U.S. has the resources to move quickly and create well-functioning systems that honor the right to seek asylum — we only need commitment, creativity and compassion.”