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This article was originally published on November 16, 2022.

On Tuesday, a federal judge blocked implementation of Title 42, a policy that expelled more than 1 million asylum seekers at the nation’s southern border since March 2020 under the guise of public health concerns. U.S. District Judge Emmet Sullivan in Washington D.C. found the Title 42 policy to be “arbitrary and capricious in violation of the Administrative Procedure Act.” As recently documented by Tahirih and Oxfam America in Surviving Deterrence, the policy was not only used to deter asylum-seeking but disproportionately harmed Black and Brown people and survivors of gender-based violence.

“The ruling in Huisha Huisha clarifies what we have long known to be true: the cruel Title 42 policy illegally deprived people—including survivors of gender-based violence—of their basic right to seek asylum,” said Rachel Sheridan, Litigation Counsel at the Tahirih Justice Center. “We celebrate this decision and encourage the administration to promptly end this baseless policy and stop turning survivors back to places where they face a serious risk of violence and death. We look forward to the restoration of meaningful access to asylum for the most vulnerable.”

In lieu of immediately abandoning Title 42, the administration has asked the court to temporarily delay its order to give DHS time to transition to new policies. However, the administration must ultimately accept the court’s opinion and we urge DHS to reject future policies that put the lives of survivors of violence in harm’s way. Tahirih will continue its fight and commitment to ensure the United States offers an asylum system that is welcoming and fair to all immigrants seeking safety.

For further comments, please contact Karla Flores at [email protected].

The Tahirih Justice Center is a national, nonprofit organization that serves immigrant survivors of gender-based violence. By amplifying the experiences of survivors in communities, courts, and Congress, Tahirih’s mission is to create a world in which all people share equal rights and live in safety and with dignity.