BIG Win For Our Nation's Border Security


Jordan Sekulow

May 23, 2022

4 min read




Breaking News: A BIG WIN for our Nation’s border security was just secured this weekend in Federal court.

Remember when we told you that President Biden was planning to remove Title 42, the emergency health order enacted under President Trump during the pandemic that enabled immigration officers to expel foreign actors who cross our borders illegally? This weekend, after a multi-state challenge was made against the Center for Disease Control’s (CDC) attempt to end Title 42 – a federal judge blocked the Biden CDC from lifting Title 42. 

These twenty-four states basically said “Hey, if you’re going to remove this major policy that’s been in place for over two years now, you have to give us time to respond. You can’t make such a big policy change just because the CDC says ‘well it’s over now.’” Impacted states have to be afforded ample opportunity to file their own comments and to register their very valid objections. 

It’s important to note that Title 42 was created as a means to stop more COVID cases from coming across the border. It doesn’t even make sense then that under this Administration, the CDC is now essentially saying the pandemic is over, COVID isn’t enough of a concern to keep this protection at our border in place. But at the same, it is predicting more waves, more variants, and potentially considering recommending yet another booster shot. Once again, Team Biden can’t seem to sync up its messaging. Is COVID still a problem or is it not?

And it’s not just Conservatives that oppose lifting Title 42. It’s actually causing division among the Left, as my dad, ACLJ Senior Counsel Jay Sekulow pointed out:

I think there’s tension between the progressive part of the President’s base and the more centrist part, because a lot of Democrats have come out and said they’re in favor of Title 42 staying in place, especially in border states, but NOT JUST in border states. So he’s got a real mixed bag coming from his own party.

ACLJ Director of Public Policy Harry Hutchison concurred, sharing his analysis of the situation:

If you look at Middle Americans you will find strong support for the retention of Title 42. Many Democrats, particularly in both border communities and in the hinterlands, are concerned about the resources that will be used up within their own communities, with respect to schooling for instance, with respect to law enforcement – in addition many of these illegals are bringing across the border fentanyl, marijuana, meth, heroin – and so there are lots of associated problems in addition to COVID itself. Keep in mind that Title 42 was designed to reduce the spread of COVID-19. So you have the Administration basically telling people to quarantine, this was months ago of course, and now they’re saying, oh, we are going to let immigrants come in who have not been tested for COVID, they haven’t been vaccinated, nothing has happened to them. You can come in and perhaps we’ll give you a pass to El Paso, or New York City.

In a strange sense, this is not only a victory for those of us who’ve been demanding a secure border for years, it’s actually a win for the Biden Administration, whether they realize it or not. There’s still a good chance that an appeal could be coming, but at least for the time being, Title 42, which was set to expire today, remains in place and can be used as an effective tool for our beleaguered Border Patrol agents. Reducing the flow of illegal border crossings and border confrontations is a good thing, even for an Administration that doesn’t appreciate it.

Under Title 42, 1.7 million illegal migrants have been expelled since its inception in March of 2020. Under President Trump, 90% of illegal immigrants were expelled at the border. Yet the Biden Administration has not taken this crisis seriously. They’ve actually attacked our Border Patrol. They’ve attacked ICE. It’s not just the immigrants coming. It’s the drugs. It’s the disgusting human traffickers. Keeping Title 42 in place and allowing Customs and Border Protection to expel illegal border crossers is the most effective tool we have right now to defend the safety of Americans, particularly those that live in border states. 

Today’s full Sekulow broadcast is complete with even further in-depth analysis of this ruling that leaves Title 42 in place by Jordan, Jay, and the rest of the Sekulow team, including ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell.

Watch the full broadcast below: