(CNN Spanish) — A federal judge in Texas ruled against the Joe Biden administration’s decision to exempt unaccompanied migrant minors from being subject to a controversial Trump-era border policy, the same day a federal appeals court limited the use of that policy by the administration.
This Friday’s ruling, by Judge Mark Pittman in the Northern District Court of Texas, stems from a lawsuit filed by Texas against the Biden government, which exempted minors from being subject to a public health policy known as Title 42, which allows officials to turn away migrants detained at the southern border of the United States.
“In this case, the president has (arbitrarily) exempted unaccompanied alien minors who test positive for covid-19 from Title 42 procedures, the purpose of which was to prevent the spread of the coronavirus. As a result, border states like Texas are now bearing the brunt,” Pittman wrote in his ruling.
The ruling will take effect within seven days, which will give the government time to appeal.
Hours earlier, a federal appeals court expressed skepticism about the use of public health policy in a ruling limiting the administration’s use of that order, saying the order from the Centers for Disease Control and Prevention Diseases America (CDC) “seems in some ways a relic of an era with no vaccines, little evidence, few therapies, and little certainty.”
The District of Columbia Circuit Court of Appeals ruled Friday that the United States can continue to rapidly remove migrant families under an emergency pandemic rule, but “only to places where they are not persecuted or tortured.”