Federal judge extends order preventing Biden administrator from overturning Title 42 early before hearing

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A federal judge on Wednesday extended a temporary restraining order that prevents the Biden administration from reversing the use of the Title 42 public health order to deport migrants at the border, before its May 23 end date. and a hearing on a request for a preliminary inquiry. injunction later this week.

The Centers for Disease Control (CDC) announced last month that it would end the public health order, which has been used to deport a majority of migrants at the southern border since March 2020 due to the COVID pandemic. -19, end of May. .

REPUBLICAN STATES SUIT TO STOP LIFT OF TITLE 42 BORDER POLICY BY BIDEN ADMINISTRATION

This immediately raised concerns among Republicans and Democrats that not only would more migrants be released inside the United States, but it would also encourage more migrants to come to the border. The Department of Homeland Security has acknowledged these concerns and said it expects a significant increase in migration and up to 18,000 migrants per day.

December 9: 2021: A US Border Patrol agent interviews immigrants before transporting some to a processing center in Yuma, Arizona. (Photo by John Moore/Getty Images)
(Getty Pictures)

In response, 21 Republican states, led by Arizona, Missouri and Louisiana, filed a lawsuit, claiming that lifting the ordinance was in violation of the Administrative Procedures Act and would negatively impact their states because of the number of migrants that would follow.

BORDER PATROL NOT USING TITLE 42 TO DEPORT CERTAIN NORTHERN TRIANGLE MIGRANTS BEFORE ITS MAY 23 END: SOURCES

While that lawsuit, seeking a preliminary injunction, is ongoing, the states have also requested a temporary restraining order, seeking to prevent the Biden administration from moving away from Title 42 as the trial progresses. This order was granted by a judge last month.

Fox News previously reported that CBP, due to limited space on deportation flights, instead processed migrants from the Northern Triangle countries of Guatemala, Honduras and El Salvador through expedited removals. – which allows the rapid return of migrants, unless they pass an initial screening of asylum seekers

On Wednesday, Louisiana Western District Judge Robert Summerhays extended the order, saying the order was extended until the motion for the preliminary injunction is decided or until May 23, whichever comes first. .

REPUBLICAN-RUN STATES SEEKING TEMPORARY RESTRAINING ORDER AGAINST BIDEN ADMINISTRATION ON TITLE 42 AHEAD OF ROLLBACK

“I am grateful to the federal court for extending the temporary restraining order keeping Title 42 in place,” Arizona Attorney General Mark Brnovich said in a statement to Fox News Digital. “Our coalition of state attorneys general will continue the fight to hold the Biden administration accountable to the rule of law. The president cannot surrender our southern border to dangerous cartels.”

The hearing on the injunction, which would prevent the Biden administration from lifting the order, is scheduled for May 13.

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Meanwhile, Republicans have pushed for a vote in Congress on bipartisan legislation that would extend the 60-day order and require DHS to submit a sufficient plan on how it will deal with the influx of migrants after title 42.

DHS recently submitted a lengthy plan, which includes greater use of expedited removal and more resources, but it has so far failed to satisfy moderate Democrats — some of whom have put their names on legislation to delay the removal. ‘order.

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