Judges Keep On Blacking Biden From Dropping Title 42 - Another Hearing This Week

By Jacob Taylor | Sunday, 15 May 2022 05:15
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A federal judge on Wednesday extended a temporary restraining order that stops the Biden Administration from rolling back the use of the Title 42 public health order to banish migrants at the border, ahead of its May 23 end date and a hearing on a request for a preliminary injunction later this week.

The Centers for Disease Control (CDC) declared last month that it would end the public health order, which has been used to expel a majority of migrants at the southern border since March 2020 because of the COVID-19 pandemic, at the end of May.

That immediately sparked concerns from both Republicans and Democrats that it would lead to not just more migrants being freed into the U.S. interior yet that it would encourage more migrants to come to the border. The Department of Homeland Security has acknowledged those concerns and announced it is planning for a significant increase in migration and as many as 18,000 migrants a day.

In response, 21 Republican states, led by Arizona, Missouri, and Louisiana, filed a lawsuit, stating the order's lifting was in violation of the Administrative Procedures Act. It would negatively impact their states because of the migrant numbers that would follow.

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As that lawsuit, pursuing a preliminary injunction, is underway, the states further attempted a temporary restraining order, seeking to stop the Biden Administration from transitioning away from Title 42 as the lawsuit proceeds. That order was granted by a judge last month.

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CBP, due to limited space on deportation flights, had rather been processing migrants from Northern Triangle countries of Guatemala, Honduras, and El Salvador through expedited removals – which enables for the quick banishment of migrants unless they pass an initial asylum screening.

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On Wednesday, Judge Robert Summerhays in the Western District of Louisiana extended the order, stating that the order was extended until the motion on the preliminary injunction was settled or until May 23, whichever comes first.

“I am grateful to the federal court for extending the temporary restraining order holding Title 42 in place,” Arizona Attorney General Mark Brnovich announced to Fox News Digital. “Our coalition of state attorneys general will continue the fight to hold the Biden Administration accountable to the rule of law. The President cannot surrender our southern border to dangerous cartels.”

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The hearing on the injunction, which would block the Biden Administration from raising the order at all, is set for May 13.

In the meantime, Republicans have been pushing for a vote in Congress on bipartisan legislation that would extend the order for 60 days and require the DHS to submit a sufficient plan for how it will deal with the post-Title 42 migrant surge.

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