Koh, a State Department consultant from 2009-2013 during the Obama administration, wrote the memo as they are leaving their daily business to take up a position at Oxford University. One supervisor said Koh would remain in the interrogation area. Captured by phone, Koh refused to speak.
Koh’s letter has been circulating about leadership for the past 48 hours. It is a recent example of the internal strife within the Biden regime over the immigration process, with some officials thinking that the president has continued with the many laws imposed by the Trump administration for fear of a Republican invasion.
At the center of this controversy has been the continuation of “Chapter 42,” a summary of legislation that gives the government powers to prevent people from entering the country during a health crisis. The authorities used Article 42 to target thousands of foreigners who did not allow them to apply for asylum, which, critics of the critics, violated US and international law.
Despite internal disputes, the White House and the State Department argue that their hands are tied in resolving Chapter 42 and that the continued use of force is driven by public health conducted by the Center for Disease Control and Prevention.
“The name 42 is the health sector, not a foreign ministry, and this power belongs to [Center for Disease Control and Prevention], ”Said a White House official. “The CDC has indicated that continued eviction of other persons under Certificate 42 is significant due to the risks of transporting and transmitting ECOVID-19 in congested areas, such as US Customs and Border Patrol stations, as well as threats from various exits. ”
A State Department official added: “We are leaving the CDC on the decisions that affect the 42nd Party.”
On September 16, a union judge barred executives from using Article 42 to evict displaced families, saying the law could not stop people from seeking asylum. But the U.S. Court of Appeals for the DC Circuit last week ruled in favor of the ruling, preserving the jurisdiction to use the public health system.
And Saturday, that The CDC was screened the attractive name 42 “is still needed at this time.” Legal battles continue.
Former President Donald Trump has issued Article 42 orders to stop the flow of immigrants into the United States, leading to complaints that they were using the cover of a global epidemic to push for tougher immigration laws. Officials hoped President Joe Biden’s team would end the practice. Instead, it remained in the area, used recently to fly thousands of Haitians seeking asylum as far away as Del Rio, Texas and back to their homeland – a situation Koh focused on on his memo.
The security situation in Haiti has deteriorated since the assassination of the president in July, and economic woes have plagued the country for decades, in part as US law.
Koh’s memo is a recent criticism of Biden’s leadership of tens of thousands of Haitian pagans who once camped at the International Bridge in Del Rio.
Last month, The US ambassador to Haiti Daniel Foote resigned because he did not want “to be counted by the US government, which opposes the deportation of thousands of Haitian refugees and illegal immigrants to Haiti,” in a letter to the Secretary. of the State Antony Blinken. The State Department denied the allegations, saying Foote wanted the US military in Haiti to provide security assistance.
The management also faced criticism over the now-famous images of Customs and Border Protection agents riding horses around migrants trying to cross the border. Biden said, as president, he took responsibility of these acts but also called them incidents “horrible” and “terrible.” Representatives of the CBP are currently banned from patrolling the border in Del Rio on horseback, but the measure is short-lived.
The U.S. flew about 2,000 people on 17 planes back to Haiti, Secretary of Homeland Security Alejandro Mayorkas said at the time. September 24 White House summary. As many as 8,000 have agreed to volunteer to return to Mexico, Mayorkas went on to say, while more than 5,000 will be reimbursed by the Homeland Security Department for expulsion or deportation.
Haitians removed from the border by Article 42 order remains angry with the election. In September, dozens of people at Port-au-Prince airport tried to rush back to the plane.
“What can we give our family?” Maxine Orélien, one of the people who tried to force the flight, told the Associated Press at that time. “There is nothing we can do for our family here. There is nothing in this world. ”
In his memorandum, Koh made sure to differentiate between the administration’s use of Article 42 deportation and its approach to refugees seeking to enter the United States from places such as Afghanistan.
“[O]”The actions and strategies targeted by Afghan refugees are in stark contrast to the continuing use of Wednesday 42 against the pleas of thousands of Haitians and tens of thousands of Southern Border refugees fleeing violence, persecution, or harassment,” he wrote.
In the memo, Koh outlined four new initiatives expected by the administration. He called for a halt to all Title 42 flights, “especially” to Haiti; public notice of persons on board such flights; to establish a standard of “reasonable chance of fear” of the retest test; and to determine if some of Haiti’s foreign nationals have legal status or international ties.
Sabrina Rodríguez contributed to this report.