Federal judge blocks Biden administration from expelling migrant families via Title 42

A federal judge on Thursday blocked the Biden administration from expelling migrant families at the border using Trump-era Title 42 public health protections, which both Trump and Biden administrations had used to prevent the introduction of COVID-19 into the U.S.

The Biden administration has continued the order, but has not been applying it to unaccompanied children or to most migrant families. Of the more than 86,000 migrant families encountered in August, only 19% were removed under Title 42 -- in part due to Mexico’s refusal to take back families with small children.

Both the Trump and Biden administrations, even as they have differed in their application of Title 42, have said the order was necessary in order to prevent the spread of COVID-19 in the U.S.