Biden admin. urges court to uphold expulsion of migrants amid pandemic

(Reuters) - A Biden administration lawyer urged a U.S. appeals court on Wednesday to revive the government's ability to expel migrants who attempt to enter the country illegally amid the COVID-19 pandemic.

Sharon Swingle of the U.S. Department of Justice told a panel of the U.S. Court of Appeals for the D.C. Circuit that despite the widespread availability of vaccines and testing the Delta and Omicron variants have underscored the need to expel individuals who otherwise would be held in crowded detention centers.

The Centers for Disease Control and Prevention issued an order known as Title 42 in March 2020 directing that migrants who lack documentation be immediately expelled from the United States, rather than detained pending deportation proceedings.

The American Civil Liberties Union challenged the policy last year.

Swingle on Wednesday said a lower court judge was wrong to block the policy, and that federal law vests the CDC with the power to respond to the fluid circumstances presented by a pandemic.

But, ACLU lawyer Lee Gelernt said while the CDC has considerable power to issue public health directives, that does not allow it to flout international law obligating the U.S. to aid migrants escaping torture or persecution.

The appeals court had stayed the judge's decision pending the outcome of the appeal, allowing the policy to remain in effect.

Reuters listened to a livestream of Wednesday's arguments.

Title 42 only applies to families and single adults who attempt to cross the border without documentation, many of whom would typically apply for asylum or other forms of relief from deportation.

President Joe Biden has faced growing pressure from some health experts, immigration advocates and fellow Democrats to scrap Title 42, which has cut off access to asylum for hundreds of thousands of migrants.

On Wednesday, Circuit Judges Sri Srinivasan and Justin Walker signaled they agreed with many of the DOJ's arguments, but were not convinced that the government could suspend migrants' legal rights to seek relief from deportation on humanitarian grounds.

Walker told Swingle that the administration was downplaying the dangerous conditions migrants face if they are returned to Mexico and other countries, even though it has highlighted those same risks in reversing other strict Trump-era immigration policies.

The case is Huisha-Huisha v. Mayorkas, U.S. Court of Appeals for the D.C. Circuit, No. 21-5200.

For the plaintiffs: Lee Gelernt of the American Civil Liberties Union

For the government: Sharon Swingle of the U.S. Department of Justice

Read more:

U.S. judge blocks expulsions of migrant families under Trump-era order

U.S. appeals court sides with Biden, allows border expulsions of families to continue

More than 240 pro-migrant groups urge Biden to end Trump-era border policies

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