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| Photo: Dario Lopez-Mills/Associated Press |
The pandemic-era policy allowed migrants to be immediately turned away at the southern border without a chance to apply for asylum
A federal judge in Louisiana has blocked the Biden administration from ending Title 42, a controversial pandemic-era border policy that prevents migrants at the U.S.-Mexico border from asking for asylum.
U.S. District Judge Robert R. Summerhays of the Western District of Louisiana issued an injunction on Friday against the Biden administration, after signaling at a hearing last week that he was inclined to take the step. Judge Summerhays, who was appointed by former President Donald Trump, had previously issued a temporary restraining order to prevent the federal government from preparing to phase out the policy.
In his ruling, Judge Summerhays said that the Centers for Disease Control and Prevention, the agency with the authority to issue and terminate Title 42, improperly wound down the program because it didn’t follow the proper rule-making procedure by seeking comment from the public. He also said the CDC didn’t adequately consider the financial harm the states would incur by assuming more healthcare costs if more migrants test positive for the coronavirus in custody.
Though Friday’s ruling was expected, it will nevertheless upend the Biden administration’s plans to implement a new border process that it argues would deter more people. It is the beginning of what is likely to become a prolonged legal battle in the courts over the president’s purview over immigration policy.
Arizona, Louisiana and 19 other Republican-led states sued the administration last month to halt its plans to end the use of the pandemic-era border policy, first adopted by Mr. Trump’s administration, which allows migrants to be immediately turned away after crossing the border illegally or at legal border checkpoints.
“Today’s ruling is a significant win as Title 42 is one of the few policies that is actually working,” Arizona Attorney General Mark Brnovich said in a statement.
The Biden administration will appeal the decision while it complies with the court’s ruling, White House press Secretary Karine Jean-Pierre said in a statement. “The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court,” she added. --->READ MORE HERE
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| AP Photo/Andrew Harnik |
A spokesperson for the Department of Justice said that the CDC has the authority to end Title 42
The Department of Justice announced on Friday evening that it will appeal a decision handed down by a federal judge which blocked the Biden administration from ending Title 42.
Western District of Louisiana Judge Robert Summerhays granted a preliminary injunction on Friday which blocks the Biden administration from following through on its plan to end the pandemic immigration order on May 23.
"The Centers for Disease Control and Prevention (CDC) invoked its authority under Title 42 due to the unprecedented public-health dangers caused by the COVID-19 pandemic. CDC has now determined, in its expert opinion, that continued reliance on this authority is no longer warranted in light of the current public-health circumstances. That decision was a lawful exercise of CDC’s authority," a spokesperson for the Department of Justice said. --->READ MORE HEREFollow links below to relevant/related stories and resources:
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