Title 42 could be in place until 2023
FOX 9's Adam Klepp spoke with an immigration policy expert about the future of the public health law
YUMA, Ariz. (KECY, KYMA) - It was a mostly quiet Tuesday morning at the Yuma border wall, with just a small group of migrants waiting to be apprehended by Border Patrol.
“My hope is to live in the United States in peace, and not violence, like in the country I am from,” Ivan Martinez, from Colombia said.
Migrants continue to be pushed to cross in-between official ports of entry as Title 42 remains in place at the border.
“We were on a bus and later a car brought us here,” Alberto Tegas, from Ecuador said.
Some immigration experts disagree with the federal court decision to stop the removal of Title 42, which the CDC had scheduled for May 23rd.
Judge Summerhays ruled because the federal government never allowed states to comment on the proposed change, the policy should stay.
"It’s odd that the judge is arguing the CDC is required to go through this process to end the rule, when the rule was never required to go through the process to implement it," Danilo Zak, with the National Immigration Forum said.
The process the CDCis now ordered by the court to go through if they want to end Title 42 is called notice and comment, where the government notifies the public about the planned change.
The public, or states, then can make comments or suggestions about how the change could impact them.
Zak says it’s a common procedure, but it could take months to complete.
Another option for the Biden Administration to try and end the policy is to appeal to the 5th Circuit Court of Appeals, which they did immediately after the ruling.
“There’s an understanding that if the district court makes a decision against the administration, the 5th circuit court is likely to uphold the decision,” Zak said.
Zak says that decision could take 6 months to get, and then the case would likely go to the Supreme Court, like the current appeal against Remain in Mexico.
"Title 42 will remain in place through the rest of this year,” Zak said.
Which puts the futures of migrants like Tegas in the balance.
“I simply want to work and get ahead and fight for the future of my children and my family,” Tegas said.
