A senior State Department official blasted President Joe Biden in a legal memo for his continued use of a Trump-era policy expelling migrants from the southern border, according to Politico.   

Harold Koh was a senior adviser in the Office of the Legal Adviser. He left his position on Friday. Koh said the administration’s use of Title 42, which has been used to eject hundreds of migrants from the border, was “illegal” and “inhumane.”   

“”I believe this administration’s current implementation of the Title 42 authority continues to violate our legal obligation not to expel or return… individuals who fear persecution, death or torture, especially migrants fleeing from Haiti,” he wrote in the memo obtained by Politico.   

Koh’s resignation comes weeks after a U.S. special envoy to Haiti, Daniel Foote, resigned following the “inhumane” treatment of Haitians seeking refuge in the U.S. after traveling from Mexico.   

In September, photos and videos of Border Patrol agents chasing and whipping Haitians at the southern border made international headlines, sparking outrage.   

RELATED: U.S. Special Envoy to Haiti Resigns Over ‘Inhumane’ Treatment of Migrants  

“Title 42 is a public health authority, not an immigration one, and that authority rests with the [Center for Disease Control and Prevention],” the White House told Politico. “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.”  

Koh said he still supports the Biden administration but wants it to adopt a “more humane” policy.