(The hill) – A federal judge in Louisiana on Friday suspended the Biden administration to end Title 42, a Trump-era border management policy that allowed officials to quickly expel foreign nationals to the border in a pandemic.
The policy was due to end on Monday as part of the Biden administration’s efforts to restructure border and immigration policy following a reform of the system by the Trump administration.
U.S. District Court Robert Somerhays has issued a preliminary injunction to a group of GOP attorneys general who are challenging the policy change. Somerhace, who was appointed by former President Trump, has decided that the Biden administration cannot overturn politics as the wider legal challenge unfolds in court.
“The court agrees with the plaintiff’s states that a national ban on full relief is necessary, given the possibility for immigrants crossing the border to move freely from one country to another,” the 47-page judge wrote in his ruling. “A preliminary provision limited to the applicant States is unlikely to do anything more than move the border crossing points from the applicant States to countries not covered by the preliminary injunction.”
Summerhays ruled that the Centers for Disease Control (CDC) improperly circumvented the process to allow public contributions before issuing an order terminating the program.
“The plaintiff states have demonstrated the harm that will result from the termination order and that, despite the impact of the order on the states, they have not been able to defend their interests by participating in the notification and comment process,” the judge wrote.
This decision reflects the meaning of decisions against the Trump administration’s immigration initiatives – in particular the cessation of delayed child arrivals and temporary protection status – issued following blue state lawsuits against the federal government.
The order is a political victory for the Republican states that have filed a lawsuit, but it could also help the Biden administration ease the pressure on immigration, as a large number of crossings are expected to continue throughout the summer.
The White House and the CDC did not respond immediately when asked for comment.
Most border and immigration experts do not believe that Title 42 itself is an effective border management tool and its effectiveness as a public health policy has been widely questioned from the outset.
However, Title 42 gained new life as the left called on the Biden administration to repeal the policy, and the right raised politics as a substitute for the Trumpist vision of border control.
Summerhays’ decision on Friday was highly anticipated and is likely to keep Title 42 in effect well after the November by-elections.
Although this action alone is unlikely to be enough to redraw the battle lines on one of the main issues of the election, it will give the Biden administration some leeway to impose a 42nd share selectively, without the possibility of repealing it altogether. politics.
During the two years of the policy, more than half of which is run by the Biden administration, the policy has been used primarily to quickly expel unmarried men from Mexico, Guatemala, Honduras, El Salvador and Ecuador.
In 2020, a federal judge blocked the Trump administration from using the policy of expelling unaccompanied children, and the Biden administration reduced its use against family units after initially taking a more aggressive approach in early 2021.
The Biden administration also exempted Ukrainians from Title 42, allowing more than 20,000 migrants from the war-torn nation to apply for asylum in April.