National Security

Biden Admin To Appeal Judge’s Decision To End Major Trump-Era Border Policy

MANDEL NGAN/AFP via Getty Images

Daily Caller News Foundation logo
Jennie Taer Investigative Reporter
Font Size:

The Biden administration will appeal a federal judge’s decision to end Title 42, a policy invoked under the Trump administration, to curb the spread of COVID-19, according to a court document published Wednesday.

The Centers for Disease Control and Prevention (CDC) previously tried to scrap the policy on May 23, but the Biden administration was forced to keep it in place after several Republican states sued. The Biden administration is now fighting in a separate case in which its argued for the policy to remain. (RELATED: ICE Quietly Fixes Misleading Data After DCNF Exposed Massive Flaws In Illegal Immigrant Stats)

“The government respectfully disagrees with this Court’s decision and would argue on appeal, as it has argued in this Court, that CDC’s Title 42 Orders were lawful,” the Department of Justice (DOJ) said in the Wednesday filing to U.S. District Court Judge Emmet Sullivan.

The request to appeal asked Sullivan to allow for the other cases to be adjudicated, suspending his order to end Title 42 in the interim.

Sullivan ruled on Nov. 15 that the Biden administration cannot use Title 42 to expel illegal migrants and subsequently granted the Department of Homeland Security (DHS) a five-week pause “with great reluctance” to prepare for an influx at the border.

The Biden administration was then given until Dec. 21 to prepare for the policy to end, which many have predicted could lead to chaos at the southern border on top of already record numbers of illegal migrants. U.S. Customs and Border Protection (CBP) encountered more than 2.3 million migrants at the southern border in fiscal year 2022 and another more than 230,000 in October.

“Believe it or not, getting rid of Title 42 is going to make it even worse,” Former Border Patrol Chief Rodney Scott previously told the Daily Caller News Foundation.

gov.uscourts.dcd.225870.179.0_3 by Daily Caller News Foundation on Scribd

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact