Federal Judge Extends Order Blocking Biden Admin From Rolling Back Title 42 Early

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A federal judge extended a temporary restraint order that prohibits the Biden administration’s rollback of Title 42’s public health order to expel immigrants at the border. This is ahead of its May 23 expiration date and a hearing on a preliminary injunction request later this week. Last month, the Centers for Disease Control (CDC), announced that the public health order would be ended. This was used to expel most migrants from the southern border in response to the COVID-19 pandemic at the end May.

Both Republicans and Democrats were concerned that this would result in more migrants being allowed into the U.S. interior as well as a rise in the number of migrants crossing the border. The Department of Homeland Security acknowledged these concerns and stated that it plans to increase migration, with as many as 18,000 migrants per day.

22 Republican states, including Arizona, Missouri, and Louisiana, filed a lawsuit in response to the order’s lifting. They claimed that the Administrative Procedures Act was violated and that the increased migrant population would adversely affect their states.

The lawsuit seeking a preliminary order is currently pending. Meanwhile, the states sought a temporary restraining or to prevent the Biden administration’s withdrawal from Title 42 while the lawsuit progresses. A judge granted the order last month.

Fox News previously reported that CBP was instead processing migrants from the Northern Triangle countries of Guatemala and El Salvador via expedited removals. This allows for quick removal of those who have not passed an initial asylum screening.

On Wednesday, Judge Robert Summerhays of the Western District of Louisiana extended his order. He stated that the order would be extended until the motion for preliminary injunction was resolved or until May 23, depending on when it was earlier.

“I am grateful for the federal court’s extension of the temporary restraining orders holding Title 42 in effect,” Arizona Attorney General Mark Brnovich stated in a statement to Fox News Digital. “Our coalition consisting of state attorneys general will continue to fight for the rule of law against the Biden Administration. President Obama cannot give up control of our southern border to criminal cartels.

May 13th is the date for the hearing on the injunction. This would prevent the Biden administration lifting the order.

Republicans are pushing Congress to vote on bipartisan legislation to extend the order by 60 days and require DHS submit a sufficient plan to address the post-Title 42 migrant flood.

DHS recently submitted a long plan that included more expedited removal and greater resources. However, it has not been accepted by moderate Democrats, some of whom signed the legislation to delay the order.