The two sides’ arguments at Friday’s hearing focused on whether Section 42 was a public health policy or an immigration policy. Proponents of her case have been working to make the actual transcript of this statement available online.
The Biden administration said its plan was based on an April 1 announcement by the Centers for Disease Control and Prevention that the vaccine was no longer needed because it was widely available.
“The CDC did what an agency should do,” Jean Lin, a lawyer representing the federal government, told the judge that the agency would re-evaluate the nation’s virus status every 60 days. “Dealing with the following consequences of Section 42 is beyond the statutory authority of the CDC,” she said.
The Public Health Order states that since US Border Patrol came into force in March 2020, immigrants must refuse to cross the land border and be allowed to apply for asylum by moving to Mexico or to their country of origin. That will not happen.
Two days after the CDC statement was released, Arizona, Louisiana and Missouri filed a lawsuit in federal court seeking to have the policy overturned, claiming that ending it would cause irreparable harm to them. Later another 21 states joined them.
On Friday, a judge rejected a motion by a family seeking asylum on the California-Mexico border and argued that his verdict would only apply to states if the judge decided to pursue Section 42 to join a non-profit trial. Part.