Judge’s stoppage of Title 42 repeal allows Biden’s admin and Democrats to get out of a politically tricky situation



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A judge’s decision on Friday to issue a preliminary injunction on the Biden administration’s attempts to end Title 42 public health order could end up taking the Biden administration out – as well as moderate Democrats in difficult re-election races – from a delicate political situation .

Judge Robert Summerhays temporarily blocked the Center for Disease Control’s decision to end the public health order – which has been used since March 2020 to deport a majority of migrants at the southern border due to the COVID-19 pandemic . It was due to expire on Monday.


He sided with Republican arguments that the order was lifted in violation of the Administrative Procedures Act (APA) and that it would hurt states by increasing costs related to health care, licensing drive and education. He said it would also increase the number of migrants at the border.

“The requesting states have demonstrated that the termination order will affect their ‘near-sovereign’ interests because of its impact on their health care systems and their interest in the health and well-being of their citizens,” he said. he declares.

The move marks yet another legal immigration defeat for the Biden administration. However, the move also pours cold water, for now, on a dicey political issue that had seen a number of Democrats criticize the administration, and Republicans smelling blood in the water as a new potential wave of migrants loomed on the horizon.

The Biden administration has repeatedly stated that Title 42 is a public health order, not a border security order, and therefore the decision to lift it should be made solely for public health reasons.

The CDC had stated that “after reviewing current public health conditions and increased availability of tools to combat COVID-19 (such as vaccines and highly effective treatments), the CDC Director has determined that an order suspending the right to bring immigrants into the United States is no longer necessary.”

But the announcement sparked outrage from some Democrats as well as Republicans, who warned the move would lead to more illegal immigration across the border and more people being released into the United States.

Republicans have made it clear that they will tie any future migration increases that occur after May 23 — and which may still be in the works by midterm in November — to the Biden administration’s decision.

FILE - A migrant waits on the Mexican side of the border after U.S. Customs and Border Protection officers detained two migrants crossing the U.S.-Mexico border on the beach in Tijuana, Mexico on January 26 2022. (AP Photo/ Marco Ugarte, File)

FILE – A migrant waits on the Mexican side of the border after U.S. Customs and Border Protection officers detained two migrants crossing the U.S.-Mexico border on the beach in Tijuana, Mexico on January 26 2022. (AP Photo/ Marco Ugarte, File)
(AP Photo/Marco Ugarte, File)

“This decision is wrong and will invite a haphazard wave of illegal border crossings to enrich human traffickers and overwhelm our Border Patrol,” House Republican Leader Kevin McCarthy said in a statement to Fox News Digital this month. latest. “It will inflict suffering, pain and tragedy across our country.”

The moderate Democrats weren’t much nicer. Sen. Joe Manchin, DW.Va., called the move a “scary move.”

“We are already facing an unprecedented increase in the number of migrants this year, and it will only get worse if the administration ends the Title 42 policy,” he said in a statement. “We are far from ready to deal with this influx.


Manchin, along with a number of moderate Democratic senators — some of whom are in tight re-election races — signed legislation that would prevent the administration from ending the order until 60 days after the CDC said the COVID-19 emergency is over, and until DHS has submitted a sufficient plan.

DHS acknowledged concerns about a surge of migrants, saying it predicted up to 18,000 people a day. However, he also said he believed that over time, lifting the order would reduce the number of people encountered at the border when it reinstated criminal penalties for repeated border crossings.

He also stressed that he has a plan in place for lifting the order, which includes increased resources at the border and a broader use of expedited removals – as well as the implementation of criminal penalties.

However, that did not satisfy many of those same Democrats, who said the plan was not enough.

“One of my concerns about…this discussion we’ve had about preparing for the eventual lifting of Title 42 is that people keep telling me ‘but we have a plan’ and it’s not clear. that having the plan and actually having the resources on the ground to deliver on that plan are the same thing,” said Sen. Maggie Hassan, DN.H.


At the same time, moving away from Title 42 could infuriate the Liberal Democratic base, which had been calling for an end to Title 42 for months — and had been backed by top Democrats such as Senate Majority Leader Chuck Schumer. .

“It is unacceptable that this policy continues to be used indiscriminately to deport migrants with valid asylum claims from our southern border,” Schumer said in March.

For now, Summerhays’ decision allows the Biden administration to continue deporting migrants under the order, allaying moderate Democrats’ fears of a crushing border wave at a time when they face re-election. while telling Liberal Democrats he still intends to end the order when the courts allow it.


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