Realistically, they probably are. For one, they aren’t really prepared to handle the increase of border crossings once Title 42 is revoked, they’ve been preparing for it, but they may have gotten ahead of themselves by removing it. Second, the administration was slow to remove it in the first place. It was well into Biden’s presidency and after a lot of political pushback by his own party that they went through the motions to begin cancelling it. And when they did, they didn’t go through the process as described by the APA. This is similar to Trump taking a long time to cancel DACA and then when he did, he did so improperly. Some may attribute it to ineptitude, but it’s not. The administrations know what they’re doing when they purposefully violate the APA to keep a policy going. It’s politically touchy for them to cancel such policies so they take the longest way possible.

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