“To be sure, as with most things in life, no approach to Covid-19 can eliminate every risk,” the panel wrote. “But from a public health perspective, based on the limited record before us, it’s far from clear that the C.D.C.’s order serves any purpose.”
While case numbers and hospitalizations from Covid-19 have been on the decline recently in the United States, the number of migrants trying to get into the country has not decreased significantly. Officials expect even more to come this year than last year.
And expulsions under Title 42 have proved an efficient way to expel undocumented immigrants at a time when a record number have crossed the southwestern border.
“While this ruling can be taken as a win for both sides, it is an event that pales in comparison to a train that is coming down the tracks,” said R.J. Hauman, the head of government relations for the Federation for American Immigration Reform, a conservative group. “As bad as the border crisis is now, without Title 42 it would be a whole lot worse.”
Mr. Judd, the head of the Border Patrol union, said Friday’s decision would not have an immediate effect on operations at the border because most migrant families are already being allowed into the country to face removal proceedings. But if the authority goes away completely, he said, “it’s not going to be good.”
Officials have argued that border agents are overwhelmed and that existing border stations are not capable of holding all of the migrants who need to be processed into the country, a resource-intensive and time-consuming process. Some border officials have feared that without the rule in place, they will be completely overwhelmed and buried in paperwork instead of patrolling the border.
Interviewing migrants about their fears of torture or persecution could take days or even a week, and requires space where migrants can be held humanely until they can be interviewed, said Aaron Reichlin-Melnick, the policy counsel for the American Immigration Council.