POLITICO reports on September 4 that Harold Koh, a senior Biden administration State Department legal advisor, has issued a stinging memo condemning President Biden's continuation of the Trump-Miller policy of using Title 42, which is supposed to be a public health measure, for the political purpose of expelling black and brown immigrants from Haiti and Central America who are seeking asylum at the US border without a hearing or any kind of due process, in violation of US and international law. See:


In his memo, which Koh wrote in connection with his resignation, he said

"I believe this administration's current implementation of the Title 42 authority continues to violate our legal obligation not to expel 0r return ("refouler") individual who fear persecution, death or torture, especially migrants fleeing form Haiti."

The obviously racist motivation for using Title 42 to expel nonwhite asylum-seekers at the US border is underscored by uncontradicted reports that Trump senior immigration advisor Stephen Miller proposed using Title 42 for this avowedly political purpose at the very beginning of Trump's tenure in the White House - long before the Covid-19 pandemic was ever heard of.

To be continued.

Roger Algase
Attorney at Law