Last week, the US Court of Appeals for the DC Circuit issued its decision in Huisha-Huisha v. Mayorkas, the Title 42 public health expulsion case. As I explained in previous posts about the case, in March 2020, the Centers for Disease Control (CDC) issued an order mandating immediate expulsion of most migrants entering from Canada or Mexico, including many who would otherwise have the legal right to apply for asylum in the US. The DC Circuit in large part upheld the policy, but imposed significant limits on where migrants can be expelled to. It also pointed out that the expulsions likely serve no useful purpose, even as they subject expelled migrants to "death, torture, and rape."
