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Judge Strikes Down Title 42 Policy Blocking Asylum-seekers

Photo Caption: U.S. Customs and Border Protection agents and officers rescue victim in water.CBP PhotographyPublic domain
<p>A federal judge on Tuesday vacated the Title 42 policy that allowed border agents to rapidly expel migrants without letting them seek asylum, toppling a Trump-era policy embraced by the&nbsp;<a class="person-popover__link" href="https://thehill.com/people/biden/" _mce_href="https://thehill.com/people/biden/">Biden&nbsp;</a>administration.</p> <p>U.S. District Judge&nbsp;<a class="person-popover__link" href="https://thehill.com/people/emmet-sullivan/" _mce_href="https://thehill.com/people/emmet-sullivan/">Emmet Sullivan&nbsp;</a>in Washington, D.C., found the policy violated the Administrative Procedures Act (APA), striking down the controversial policy and blocking the Biden administration from using it to turn away migrants.</p> <p>Sullivan found the policy, crafted under the Trump administration in the earliest days of the pandemic, to be arbitrary and capricious and said it violated standards of the APA because the Centers for Disease Control and Prevention (CDC) “failed to adequately consider alternatives and the policy did not rationally serve its stated purpose.”</p> <p>The judge also noted the CDC’s “decision to ignore the harm” caused by the policy likewise violated the APA.</p>
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