The Biden administration’s plan to end the Title 42 public health order – a move that many fear will significantly worsen the situation at the southern border – has been temporarily blocked by a federal judge in Louisiana. Two dozen states had sued the administration over its intent to ax Title 42, introduced in 2020. The order allowed the federal government to remove most illegal border-crossers because of the COVID-19 health crisis.
A number of Republican attorneys general argued that dropping the order would lead to a significant influx of illegal aliens across the already overwhelmed southern border.
Democrats in border states were also angered by the administration’s plan. Judge Robert Summerhays granted a preliminary injunction, acknowledging the states’ claim “that the Termination Order will result in increased border crossings and that, based on the government’s estimates, the increase may be as high as three-fold,” was supported by the record.
“In sum, the Plaintiff States have demonstrated that the Termination Order will affect their ‘quasi-sovereign’ interests based on its impact on their healthcare systems and their interest in the health and welfare of their citizens,” Summerhays wrote. The Justice Department is expected to appeal the ruling.
Federal legislation to prevent the administration from ending Title 42 – supported by a number of Democrats – is awaiting a vote.
Arizona Attorney General Mark Brnovich said, “Today’s ruling is a significant win as Title 42 is one of the few policies that is actually working. I’m grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to battle the Biden-made border crisis.”
Above Article Syndicated from Liberty Nation
Team Biden, for its part, had this to say about the district court’s decision to maintain Title 42:
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.
It was also brought up in a recent press event, with the White House providing this transcript of the conversation about the issue:
Q Is there a reason, also, that the administration isn’t seeking a stay in the Title 42 case? I know that you’re appealing.
MS. JEAN-PIERRE: We’re appealing. I mean, I don’t have much more than — than what the DOJ is doing is appealing Title 42.
You know, we continue to believe Title 42 is a health authority. It is an authority that CDC is — has that was given to them by Congress. And so that is kind of what we also agree with, which is the authority that Congress gave them.