The Biden administration on Wednesday appealed a federal judge’s ruling that ended the Title 42 pandemic policy that allows the government to expel illegal immigrants.
The move drew immediate condemnation from immigrant-rights activists who said President Biden is backsliding on his commitment to deliver better treatment for illegal immigrants, and particularly those who want to claim asylum but are shut out by Title 42.
Justice Department lawyers filed the brief notice of appeal with Judge Emmet G. Sullivan, who last month struck down Title 42 as no longer justified.
“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 government argued in a notice filed in the case in the U.