Judging Freedom - Judge grants order to STOP the lifting of Title 42 at border

Episode Date: April 26, 2022

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Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Tuesday, April 26, 2022. It's about 10 minutes after 2 in the afternoon on the east coast of the United States. Late last night, a federal judge in Baton Rouge, Louisiana, signed an order enjoining the federal government from suspending Title 42 expulsions. Oh, fancy language. What does that mean? Okay. Title 42 is a section of the United States Code that allows the federal government to reject people who want to come in the country who are otherwise qualified to enter, not because they're sick, but because they come from a country where disease is prevalent. Under the Trump administration, rules were promulgated by the Department of Homeland Security, which directed that nobody be admitted into the United States

who came from certain countries where COVID-19 is prevalent, even if those people were vaccinated and even if they had negative tests. The theory being it is not the burden of the government to examine the health of every individual, but only to examine the health of groups. When the Biden administration came into power, it sought to eradicate that rule and to permit anybody who was qualified come in the country from which you come is infected, to an individual examination under the Biden administration, you can come in this country, even if the group or country from which you come is heavily infected, if you can test negative, and if you've been vaccinated. 26 attorneys general, so these are not all states on the border, but these are states throughout the United States, Republican attorneys general, sued the Biden administration to prevent it from cutting off the Trump administration rule. And last night, a federal judge in Baton Rouge granted their request. So the federal government now must reject people coming into the country

who are otherwise qualified. They have a visa. They're escaping economic oppression or political oppression, whatever the reason is for their entering the country, if they come from a country where COVID-19 is prevalent. It doesn't matter what their individual health status is. It doesn't matter what their individual vaccination status is. It just matters where they come from. Is that fair? Well, that's the law as we understand it. I think this will be appealed and the benefit will go to the president because immigration is a rare area of law where the president and the incumbent administration

has a lot of leeway. Trump exercised his leeway to keep people out. Biden wants to exercise his leeway to allow vaccinated and healthy people in. But for now, the Trump rule stays, and I'm sure the Biden people through the Department of Justice will appeal. Judge Napolitano, judging freedom.