A prime State Department official is resigning from the Biden administration, penning a scathing memo on his method out that criticized the administration’s use of a Trump-era regulation that permits the federal government to deport unlawful immigrants.

In the memo, obtained by Politico, State Department senior adviser Harold Koh assailed the administration’s use of the Trump-era Title 42 as “inhumane.”

“It simply is not worthy of this Administration that I so strongly support,” Koh mentioned within the memo, which was dated Oct. 2.

Title 42 offers the administration the flexibility to bar individuals from getting into the nation throughout a well being disaster such because the COVID-19 pandemic. The Biden administration has used it to deport 1000’s of migrants with out giving them an opportunity to hunt asylum.


But critics of the coverage akin to Koh contend that it’s illegal.

“I believe this Administration’s current implementation of the Title 42 authority continues to violate our legal obligation not to expel or return [“refouler”] individuals who fear persecution, death, or torture, especially migrants fleeing from Haiti,” Koh argued, including that “lawful, more humane alternatives plainly exist, and there are approaching opportunities in the near future to substitute those alternatives in place of the current, badly flawed policy.”

But the White House and State Department have argued that their continued use of the coverage is centered round suggestions from the Centers for Disease Control and Prevention.

“Title 42 is a public health authority, not an immigration one, and that authority rests with the [Center for Disease Control and Prevention],” a White House official mentioned of the administration’s use of the coverage. “The CDC has determined that the continued expulsion of certain individuals under Title 42 is necessary due to the risks of transmission and spread of COVID-19 in congregate settings, such as U.S. Customs and Border Patrol stations, as well as the threat from emerging variants.”

The CDC on Saturday famous that invoking Title 42 “continues to be necessary at this time.”

Title 42 has additionally been the topic of a winding courtroom battle, most lately after the U.S. Court of Appeals for the D.C Circuit issued a keep of a federal choose’s ruling that the coverage was illegal. That keep preserved the administration’s skill to proceed utilizing Title 42 whereas the case is set.

But in his memo, Koh famous variations within the administration’s method to Afghan refugees fleeing the nation after the U.S. withdrawal and migrants searching for asylum on the southern border.

“Our actions and approaches regarding Afghan refugees stand in stark contrast to the continuing use of Title 42 to rebuff the pleas of thousands of Haitians and myriad others arriving at the Southern Border who are fleeing violence, persecution, or torture,” Koh mentioned.