A federal judge in Louisiana on Friday blocked the Biden administration’s attempt to end the Title 42 health policy, which allows for quick expulsion of illegal immigrants — and uphold the policy hours before it expires.
US District Judge Robert Summerhays sided with 24 Republican prosecutors warning of a possible surge of migrants across the US-Mexico border that would overwhelm their resources.
Summerhays wrote in a 47-page judgment that issued a statewide injunction that the states “have demonstrated harm that will result … and that despite the effects of the order on the states, they have been unable to protect their interests to protect participation in the communication – and comment process prescribed by the [Administrative Procedure Act].”
The Title 42 regulation was enacted by the Trump administration in 2020 to allow for near-immediate deportation of suspected illegal immigrants during the COVID-19 pandemic.
The fate of the policy became a point of contention among Democrats, with more centrist party members arguing for the order to remain in place temporarily and more left-wing supporters pushing for its immediate repeal.
Republicans celebrated the court victory, which the Biden administration has yet to appeal.
“Missouri and 23 other states have just obtained an injunction against the Biden administration for their proposed repeal of Title 42 and are maintaining the program.” tweeted Missouri Attorney General Eric Schmitt, who helped lead the lawsuit. “Big win for border security!”
Former White House press secretary Kayleigh McEnany wrote, “Saved by a judge…again! A federal judge has blocked the Biden administration from ending Title 42, a program that has deported illegal immigrants 1.9 million times. Remember when a judge stopped Biden from extending the airline’s mask mandate? Here we go again!”
Rep. August Pfluger (R-Texas) told The Post, “I’m glad the court is recognizing the damage that would be done to Texas and other states if Title 42 were revoked, despite Biden’s best efforts to advance his open borders policy.” would. ”
Rep. Chip Roy (R-Texas) agreed, saying, “A bloc to lift Title 42 demarcations is welcome news for Texas and America, but it shouldn’t be left to a federal judge… Where’s Congress? We should stop funding and/or screening this madness [Democrats] should join our motion for dismissal.”
However, some supporters of repealing Title 42 said they were upset by the ruling.
“The decision undermines the Biden administration’s efforts to implement what the vast majority of Americans support — a fair, humane, and orderly immigration system.” Instead, it maintains a status quo that has been totally ineffective in establishing a secure border.” tweeted Krish O’Mara Vignarajah, President and CEO of the Lutheran Immigration and Refugee Service.
Summerhays, a candidate for former President Donald Trump, last week heard arguments in the case, which began in April.
The Centers for Disease Control and Prevention announced last month that the policy would be lifted on May 23 due to an improvement in pandemic conditions — sparking fears from both Republican and Democratic lawmakers about an exponential increase in border crossings along the southern border.
In its ruling, Summerhays wrote that the CDC “has not explained how current circumstances have prevented the CDC from issuing the termination order through the required notification and comment process.”
Since the outbreak of the COVID-19 pandemic in the US, Title 42 has allowed border officials to expel most migrants attempting to enter the US without hearing their asylum claims, although the Biden administration has relaxed its application of the policy to include unaccompanied people Minors and families allow units to stay in the US.
According to official estimates, more than 1.7 million migrants have been deported since the directive was implemented.
Summerhays initially issued an injunction in April to prevent Title 42 from being overturned before issuing a ruling in the state AGs lawsuit.
The decision to repeal Title 42 has been heavily criticized by officials in border states, even though it increases current levels of migration.
In April, Customs and Border Protection reported a record high of 234,088 repeated and one-off encounters with migrants along the southern border for the month, but only 97,000 were removed under Title 42.
The number of arrests at the US-Mexico border last year hit a four-decade high.
If the order had been lifted, Homeland Security Secretary Alejendro Mayorkas warned that as many as 18,000 migrants could cross the border daily.
Despite concerns, the Biden administration has repeatedly defended the decision to repeal the policy, with former White House press secretary Jen Psaki urging Congress to take action if they wanted the policy to remain in place.
https://nypost.com/2022/05/20/federal-judge-orders-title-42-kept-in-place/ Federal Court Rules Title 42 maintained