A federal judge on Friday temporarily blocked the Biden administration from ending the Title 42 public health order, preventing the administration from taking a move that had and has significant Republican and Democratic opposition amid fears it would exacerbate the crisis. border.
Judge Robert Summerhays of the Western District of Louisiana granted a preliminary injunction on the Biden administration’s plan to end the order on May 23. It was in response to a lawsuit from two dozen Republican states, led by Arizona, Louisiana and Missouri. “Today’s ruling is a significant victory, as Title 42 is one of the few policies that actually works,” said Arizona Attorney General Mark Brnovich. “I am grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to fight the border crisis sparked by Biden.”
In April, the Centers for Disease Control (CDC) had announced that the order, used since March 2020 to expel most migrants at the southern border due to the COVID-19 pandemic, would expire at the end of May. “After considering current public health conditions and increased availability of tools to combat COVID-19 (such as highly effective vaccines and therapeutics), the Director of the CDC has determined that an order suspending the right to bring migrants into the United States,” the agency said.
The move drew backlash from both Democrats and Republicans, warning it would lead to increased illegal immigration at the border and more people released into the United States.
The Department of Homeland Security has acknowledged these concerns, saying it plans to receive up to 18,000 people a day. However, he has also said that he believes it will reduce the numbers found at the border over time when criminal penalties for repeated border crossings are reintroduced.
Several moderate Democrats joined Republicans in signing legislation preventing the administration from lifting the order until 60 days after the CDC says the national COVID-19 emergency is over. That legislation has yet to be voted on in the Senate.
The lawsuit alleges that lifting the order violates the Administrative Procedures Act, which requires a notice and comment period, and also prohibits moves deemed “arbitrary and capricious.”
