I would think this Title 42 is simply resolved a posteroi by the evidence. The evidence being, the percentage of immigrants with COVID-19 vs the average of the US population. If not substantially greater, wouldn't that show that immigrants were (or were not) no greater pandemic threat than already existed?

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Though this question is not about the fascinating procedural issues, I do have one question about Section 365 itself. It isn't just about stopping people from spreading a disease. It is about the INTRODUCTION of a disease into the US. See first sentence of Section 365. By the time it was invoked by the trump administration, that horse had left the barn. It was already introduced, and not by anyone at the Southern border. The first US case was on January 15, 2020. It was a returning traveler from China. The trump CDC order went into effect on March 15. The US cases had broken 1000 by March 10 and by March 15 had hit 4000. It was clearly going wild without the help of border crossers (its main manifestation was in New York.) By the 17th there were over 6000 cases and by March 19, 4 days after the CDC invocation, was at 13,000 cases and three days after that 46,438. The rest is history.

As far as I know there was no particular spread from the border area, much less origin. And keeping migrants in Mexico certainly did nothing to stop the spread, much less stop the introduction of it.

The best one can say about trump's use of title 42 is that under the rationale under the statute is that it was an abject and utter failure.

Any thoughts on this problem?

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