The arguments offered by both sides at Friday’s hearing centered around whether Title 42 was a public health policy or an immigration policy. Lawyers for the federal government continued to argue that the policy was narrowly limited to protecting against coronavirus transmission while lawyers for the states that sued listed the costs that states would bear if Title 42 were lifted — to health care systems, law enforcement, education, social services, and even agencies that would be issuing more drivers’ licenses.
The Biden administration has said its plans to lift the measure were based on the Centers for Disease Control and Prevention’s announcement on April 1 that it was no longer needed given the widespread availability of vaccines.
“The C.D.C. did exactly what an agency must do,” Jean Lin, a lawyer representing the federal government, told the judge, noting that the agency has reassessed virus conditions in the country every 60 days. Dealing with “downstream consequences of Title 42 is outside of the C.D.C.’s statutory authority,” she said.
The public health order has required the U.S. Border Patrol to turn away migrants who crossed land borders since March 2020, when it was introduced, without allowing them to request asylum, by either expelling them by bus to Mexico or by plane to their countries of origin.
Two days after the C.D.C. announcement, Arizona, Louisiana and Missouri filed a suit in federal court seeking to keep the policy in place, arguing that its termination would cause them irreparable harm. They were later joined by 21 other states.
The judge on Friday denied a motion from a family seeking asylum at the California-Mexico border and a nonprofit to join the lawsuit in order to argue that the judge, should he decide that Title 42 be kept in place, apply his ruling only to states that are part of the litigation.