Immigration Lawfare Needs a Policy Update

Felicia S. C. Gooden, M.S.
4 min readJul 19, 2022
Photo by visionart.av

While the Biden administration seeks to implement fair immigration policy by arresting and detaining immigrants that pose a risk to homeland security, Trump appointed Judges are engaging in lawfare to coerce the administration into reinstating Trump’s remain in Mexico policy, which requires immediate deportation of immigrants who pose a danger to society. In short, Republicans do not want to lend accommodations to immigrants, particularly immigrants that pose a security threat. This seems fair on the surface, but what policy will effectively manage the crisis at the border and alleviate Central American migration overall?

Are they wrong?

Republicans have an understandable premise for wanting to expel illegal immigrants under Title 42. Title 42 requires the expulsion of immigrants during the spread of contagion. The spread of COVID-19 in 2020 led to the Trump Administration implementing Title 42 to take down two proverbial birds with one figurative stone. However, Title 8 restrictions that the Biden Administration is trying to pivot toward relying upon may, in fact, be more effective in border control — a top Republican policy priority and talking point.

Nearly 1.8 million expulsions have taken place under Title 42 since April 2020, with about nine out of ten of them being single adults. Half of these adults from…

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Felicia S. C. Gooden, M.S.

Founder and Chief Strategist @ The Cultured Scholar Strategic Communications, LLC. | Visionary | Space & Defense Policy Analyst