A federal appeals court on Thursday gave the Biden administration permission to continue expelling migrant families under a public health directive known as Title 42, delivering a blow to immigrant advocates who had successfully challenged the policy in court.
In a brief order, the U.S. Court of Appeals for the District of Columbia Circuit granted the administration’s request for temporary reprieve from a lower court order against the expulsion policy, which permits border agents to send back migrants without considering their claims for protection.
The three-judge panel for the appeals court said the government “satisfied the stringent requirements for a stay pending appeal,” but did not further explain its reasoning. The panel was composed of judges appointed by presidents Donald Trump, Barack Obama and Bill Clinton.
The appeals court’s order presses pause on a ruling handed down earlier this month by Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia, who found the federal government did not have the legal authority to expel migrants who have already crossed the border without considering their claims for asylum.
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