DHS head Mayorkas deflects to CDC on changing Trump COVID-19 immigration policy

Department of Homeland Security Secretary Alejandro Mayorkas deflected to the Centers for Disease Control and Prevention on the issue of ending a pandemic rule stemming the flow of migrants over the southern border to prevent the spread of the coronavirus.

Mayorkas said during a Wednesday hearing before the House Appropriations Committee that his agency has no control over Title 42, which, as a public health measure, is the “exclusive jurisdiction” of the CDC.

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“It is based on their expert assessment of the public health needs of the American public, and they decide whether the Title 42 authority remains necessary as a public health imperative based on the public health data that they obtained and their expert decision based on it,” Mayorkas said. “Our responsibility in the Department of Homeland Security is to implement the Title 42 authority of the CDC at our border and to implement it effectively and judiciously according to the law.”

Attorney General Merrick Garland similarly deferred to the CDC’s guidance when questioned by the Senate Appropriations Committee on Tuesday about the Justice Department’s contradictory lawsuits regarding pandemic policies. Under the request of the CDC, the DOJ is suing to lift Title 42 by the May 23 deadline requested by the Biden administration and, at the same time, looking to overturn a judge’s ruling that lifted mask mandates on public transportation.

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Title 42 is one of the only measures in place allowing law enforcement to turn migrants away at the border. Border Patrol has estimated that the number of migrant encounters, already at a record high, will increase to 18,000 per day when the rule goes away.

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