The Administration disagrees with the court’s ruling, and the Department of Justice has announced that it will appeal this decision. The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court.  However, in compliance with the court’s injunction, the Biden Administration will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal.  This means that migrants who attempt to enter the United States unlawfully will be subject to  expulsion under Title 42, as well as immigration consequences such as removal under Title 8.

As the appeal proceeds, the Department of Homeland Security will continue planning for the eventual lifting of Title 42 in light of CDC’s public health judgment, at which point anyone who attempts to enter the country unlawfully will be subject to Title 8 Expedited Removal proceedings, if they do not have grounds to remain in the United States.

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