A federal judge issued a restraining order Wednesday that temporarily blocks the Biden administration from ending a Trump-era policy that expedited the removal of immigrants at the border due to the pandemic.
The temporary order halts the White House from gradually ending the Title 42 policy just two days after U.S. District Judge Robert Summerhays announced he would implement such a measure. A hearing to decide whether the Biden administration can repeal Title 42 forthright is set for May 13.
Title 42 went into effect in March 2020 in response to the COVID-19 pandemic, allowing border officials to turn away migrants and asylum-seekers for public health reasons.
BIDEN BARRED FROM ENDING TITLE 42 AT BORDER BY FEDERAL JUDGE
Authorities have expelled migrants more than 1.7 million times using Title 42. The Biden administration announced in early April that it planned to repeal the policy by May 23.
In the meantime, border officials are instructed to continue with Title 42 practices, according to the court filing. Department of Homeland Security officials may still exercise discretion on a case-by-case basis and expedite some expulsions if deemed necessary.
The temporary injunction stems from a joint lawsuit filed by Arizona, Louisiana, and Missouri that was later joined by 18 other states seeking to halt the Biden administration from removing the policy.
Critics on both sides of the aisle have argued that without the expulsion policy, more people will attempt to enter the United States, increasing the likelihood of a border crisis. Nine Senate Democrats have publicly opposed President Joe Biden’s plan to terminate Title 42 in an election year.
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“This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this Administration’s disastrous border policies from devolving into an unmitigated chaos and catastrophe,” the lawsuit states.
Immigrant advocates have long sought to repeal Title 42, arguing it did not help prevent the spread of COVID-19 but rather placed asylum-seekers in unnecessary danger. The temporary restraining order is effective for the next two weeks until a hearing to decide on a long-term block of Title 42 takes place May 13.
