The policy, known as Title 42, had already been ruled unlawful by a federal judge. Though President Joe Biden is now pushing for an end to Title 42, he previously fought in federal court to preserve the policy despite his campaign promise to restore asylum. Title 42 was never about public health. Indeed, Title 42 came to be after the Trump White House reportedly put the squeeze on the CDC. It’s no coincidence that Title 42 has disproportionately denied Black and brown migrants their right to seek asylum.

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