“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,” the memo reads. He added that “lawful, more humane alternatives plainly exist.”

Koh was the State Department legal adviser from 2009-2013 in the Obama administration.  He is taking a role at Oxford University.