Federal Judge Blocks Biden Administration from Lifting Title 42 Immigration Control, DOJ Will Appeal

A federal district court judge in Louisiana has blocked the Biden administration from lifting the CDC Title-42 restriction at the southern U.S. border.

The Title-42 rule blocks illegal aliens based on the COVID pandemic threat.  The CDC wants to lift that order allowing an additional surge of illegal aliens to cross the border.

WASHINGTON – […] The pandemic-related health order, which was implemented in March 2020 to control the spread of Covid, was set to expire on Monday. The measure gave the U.S. the authority to immediately expel asylum seekers without a legal process, and Friday’s ruling means an even longer waiting time for migrants seeking refuge in the United States.

Louisiana U.S. District Judge Robert R. Summerhays, an appointee of former President Donald Trump, ruled that the restrictions must stay in place until a lawsuit by 24 states, led by Arizona, Louisiana and Missouri, is resolved in the courts. In the April 3 lawsuit, filed after the Centers for Disease Control and Prevention announced plans to lift the public health order, the states argued the policy needed to remain to avoid “wave of illegal migration and drug trafficking.” (read more)

The White House announced the DOJ will immediately appeal Summerhays’ decision. However, it’s unlikely the restrictions will be lifted by Monday as previously planned by the CDC.

Here’s the White House statement:

White House – “The Administration disagrees with the court’s ruling, and the Department of Justice has announced that it will appeal this decision. The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court. However, in compliance with the court’s injunction, the Biden Administration will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal. This means that migrants who attempt to enter the United States unlawfully will be subject to expulsion under Title 42, as well as immigration consequences such as removal under Title 8.

As the appeal proceeds, the Department of Homeland Security will continue planning for the eventual lifting of Title 42 in light of CDC’s public health judgment, at which point anyone who attempts to enter the country unlawfully will be subject to Title 8 Expedited Removal proceedings, if they do not have grounds to remain in the United States.” (link)