Appeals court clears the way to end removal of migrants under Title 42, setting up Supreme Court review

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A federal appeals court denied a request by conservative states seeking to retain a pandemic policy that allows the federal government to rapidly expel migrants in a legal battle over immigration and public health likely headed to the Supreme Court.

Last month, U.S. District Judge Emmet Sullivan in Washington vacated the policy and gave the Biden administration until Dec. 21 to end it. The administration appealed the decision but was moving to end its use next week. It was then that the Republican-led states stepped in, asking to join the lawsuit and temporarily block Sullivan's ruling.

"Nowhere in their papers do they explain why they waited eight to fourteen months to move to intervene," the court said in its order.

 

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