A pair of federal courts handed down immigration-related rulings on Friday with a few hours of each other with one favoring the Biden administration and the other against it, though neither ruling was a total victory for one side or the other.
In the first case, a federal appeals court partially upheld a ruling by a lower court that said the administration can continue using Title 42 for immediate deportation due to COVID-19-related health concerns. However, the court further stated that said illegal immigrants cannot be sent back “to places where they will be persecuted or tortured.”
In the second case, a federal judge in Texas ruled that the Biden White House cannot exempt migrant children from the same policy. So as deportations under Title 42 continue, migrant children who crossed into or were brought into the U.S. illegally are not exempt from being sent home.
The Miami Herald notes regarding the first ruling:
Under U.S. law, the government “cannot expel those aliens to places where they will be persecuted or tortured,” the U.S. Court of Appeals for the District of Columbia Circuit wrote in its 32-page ruling.
“Nor does it give them a path to asylum,” the ruling continued. “Nor does it stop the executive from detaining them. Nor does it curb the executive’s power to expel them to a country where they will not be persecuted or tortured.”
Randy McGrorty, a veteran immigration lawyer and executive director of Miami-based Catholic Legal Services, told the paper that the ruling may then mandate that illegal immigrants be screened for potential threats to their life or liberty.
“Providing the legal safeguard of screening individuals with legitimate fear of persecution or torture claims is a step forward towards complying with international law, treaty obligations, and basic human decency,” he told the Herald.CBS News reported […]
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