A government judge in Louisiana on Monday said he would give a movement to banish the Biden organization from quickly unwinding a crisis pandemic-related line limitation that has permitted U.S. movement authorities to oust travelers rapidly.
U.S. Area Judge Robert Summerhays, a representative of previous President Donald Trump who is managing the suit brought by 21 conservative drove states, said in a notification that he had consented to give an impermanent limiting request obstructing authorities from ending the standard known as Title 42, which is set to end on May 23.
It’s not yet clear if the order will block the administration from ending Title 42 on May 23, or if it will only prohibit them from starting to wind down the policy before then.
Summerhays, a judge on the U.S. District Court for the Western District of Louisiana, held a hearing on the case on Monday afternoon. The hearing was closed to the press.
“For the reasons stated on the record, the Court announced its intent to grant the motion,” the judge said in a summary of the hearing. “The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”
Since its inception in March 2020, the Title 42 authority has allowed U.S. authorities along the Mexican border to expel migrants over 1.8 million times to Mexico or their home countries without allowing them to seek asylum, which is generally required by U.S. law, government data show.
While it reversed other Trump-era border restrictions, the Biden administration continued Title 42 for over a year, arguing the quick expulsions were necessary to control the transmission of COVID-19 inside migrant processing facilities.
But earlier in April, the Centers for Disease Control and Prevention published an order saying the agency no longer believed the expulsions were needed to protect public health. The CDC said it would stop authorizing Title 42 on May 23 to give border officials time to make preparations.
The CDC announcement alarmed Republicans and some moderate Democratic lawmakers, who have expressed doubts about the Department of Homeland Security’s ability to deal with a likely spike in migrant arrivals after Title 42 is lifted.
Last week, the 21 states suing the administration, led by Arizona, Louisiana and Missouri, said border officials had already started to wind down Title 42 and asked Summerhays to issue a temporary restraining order “against any implementation of the Termination Order before its May 23 effective date.”
Representatives for DHS did not respond to requests to comment on Monday’s development. A Justice Department spokeswoman declined to comment.
