The Biden administration reportedly plans to appeal after a federal judge blocked the president’s attempt to end the Title 42 immigration policy, citing the “harm that will result” by a potential flood of immigrants.
U.S. District Court Judge Robert Summerhays issued a nationwide injunction May 20 to continue the policy, which limited immigration due to the COVID-19 pandemic under former President Donald Trump. The White House said the Department of Justice would appeal the injunction, but the government would continue to enforce the measure, according to a New York Post article.
"Under this administration, our department has been executing a comprehensive strategy to secure our borders and rebuild our immigration system," Department of Homeland Security Secretary Alejandro Mayorkas sai during a hearing with the House Judiciary Committee April 28, according to an NPR report. "With the Title 42 public health order set to be lifted, we expect migration levels to increase as smugglers seek to take advantage of and profit from vulnerable migrants."
According to the New York Post, the Centers for Disease Control and Prevention instituted Title 42, which gives immigration officials the power to expel migrants over concern with the spread of COVID-19 in detention centers, in March 2020. The measure had been set to expire May 23.
According to ABC News, the CDC rescinded the policy, and the Department of Homeland Security planned to phase it out in April. Sumerhays issued a restraining order April 25 to temporarily prevent rolling back the order.
Summerhays heard arguments May 13 on a lawsuit filed by 24 state attorneys general, all Republicans, attempting to block the CDC from ending the measure, according to the New York Post. After the hearing, Summerhays said he would rule by May 23 to either eliminate or force the CDC to continue to enforce it.
“While today’s court ruling rejecting Biden’s ending of Title 42 is a positive development, hundreds of thousands of illegal immigrants remain at the border ready to flood into our state,” Texas Gov. Greg Abbott said via Twitter. “Texas will continue using all available resources to prevent this mass illegal migration.”
