Federal Judge Temporarily Blocks Admin From Ending Border Restrictions

Louisiana Federal Judge Robert Summerhays has successfully blocked the Biden administration from ending former President Donald Trump’s border policy on Monday.

This comes after President Joe Biden announced earlier this month that he would be lifting Title 42, a controversial border policy implemented by Trump back in March 2020 that allowed the U.S. Border Patrol to turn migrants away.

The order has since been used by both the Trump and Biden administration, with the latter arguing that it was necessary to curb the spread of COVID-19 inside border detention facilities.

Summerhays’ order is unlikely to change the situation on the ground but it may throw a wrench in the administration’s plans moving forward. More than 20 states have also asked the court to block the end of Title 42.

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“The Court discussed the Motion for Temporary Restraining Order [ECF No. 24] filed by Plaintiffs. For the reasons stated on the record, the Court announced its intent to grant the motion. The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement,” the judge said in a statement.

Meanwhile, Texas Attorney General Ken Paxton filed a separate lawsuit on Friday to block the end of the Trump-era border policy but has yet to rule on that case.

Paxton’s case claims that the administration did not comply with the standard procedure to lift the order and expressed concerns that Texas would have to fund social services for immigrants if Title 42 is removed.

“The Biden Administration’s disastrous open border policies and its confusing and haphazard COVID-19 response have combined to create a humanitarian and public safety crisis on our southern border,” read in the lawsuit.

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U.S. Health and Human Services Secretary Xavier Becerra criticized Biden’s decision for using a “health law to deal with a migration challenge,” earlier this week.

“You don’t use a health law to deal with a migration challenge. You use migration laws to deal with migration challenges. You can’t use the cover of health to try to deal with a migration challenge,” said Becerra, who was named in the lawsuit as a defendant.

Title 42 is on track to end on May 23, giving the Department of Homeland Security time to prepare for an expected increase in migrants at the border.

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