Democratic lawmakers including Senate Majority Leader Charles Schumer (D-NY) say they are frustrated with the Biden administration's use of the Trump era policy called Title 42 to expel migrants at the U.S.-Mexico border to prevent spread of COVID-19, reports Rollcall.com. Pressure to end the directive is rising after a federal appeals court allowed continued use of Title 42, with one exception. The court said the U.S. cannot send migrants back to countries where they would likely be persecuted or tortured.
Under the Biden, the law the law has been invoked mostly to expel single adults and some families. Notably, the Title 42 renewal follows new guidelines from the Centers for Disease Control largely loosening COVID-19 restrictions. Critics pointed to this inconsistency as evidence that the policy simply serves to restrict immigration. "We had assumed the administration would fight that ruling and would have already sought to stay in that ruling and appeal — they have not done so,” said Lee Gelernt of the American Civil Liberties Union Immigrants’ Rights Project. Ultimately, the decision to renew the Title 42 policy falls upon the CDC. The next renewal date is in early April.