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Immigration Arrests Are Falling Under Biden

Plus: The CDC terminates its Title 42 rapid expulsion policy for unaccompanied children in favor of other pandemic protections

This summary was featured in Documented’s Early Arrival newsletter. You can subscribe to receive it in your inbox three times per week here.

Immigration and Customs Enforcement released data Friday showing that fewer immigration arrests are happening under President Joe Biden compared to his predecessor. ICE’s Enforcement and Removal Operations made more than 74,000 administrative arrests for immigration violations in fiscal year 2021, marking a 35% drop from the Trump administration, when annual administrative arrests hovered over 100,000. Of the total arrests conducted in FY 2021, which includes the end of the Trump administration, over 45,000 occurred after ICE modified its arrest guidance last February to prioritize homeland security threats. CNN

In other federal immigration news…

CDC terminates Title 42 policy for all unaccompanied children

The Centers for Disease Control and Prevention has discontinued the Title 42 policy for all unaccompanied children seeking safety at the U.S. border. The public health order allowed for the rapid expulsion of migrants, and this new development marks the Biden administration’s partial withdrawal from the controversial policy. The CDC wrote in a statement that “after considering current public health conditions,” expelling children “is not warranted to protect the public health.” CDC Director Rochelle Walensky justified the decision in a 21-page notice citing several strategies to control the spread of COVID-19 among migrant children, including testing, wearing masks, and physical distancing.

Biden Admin. Fights in Court to Uphold Some Trump-era Policies 

Immigration activists and Democrats say there is a disconnect between the president’s words and the government’s litigation when it comes to controversial immigration issues. “The only way I know if I’m reading a Biden or Trump administration brief is by looking at the signature block,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, of Biden’s embrace of the Title 42 policy and handling of settlements for separated migrants. “There’s simply no daylight on the legal positions.” The tension has resonated inside the White House, where senior officials have been anxious that unwinding the Trump-era border restrictions would make the U.S. susceptible to increased illegal crossings at the southern border and fuel Republican attacks that Biden is too lenient on illegal immigration. New York Times

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