Federal judge extends order prohibiting Biden administration from rolling back Title 42 before the hearing

A federal judge on Wednesday extended a temporary restraining order barring the Biden administration from using the Title 42 public health order to deport migrants at the border, ahead of the order’s expiration on May 23 and a hearing on a preliminary injunction motion later this week.

During the Covid outbreak in 2020, President Trump invoked Title 42 to deport people seeking asylum.

I am grateful to the federal court for extending the temporary restraining order holding Title 42 in place.

Our coalition of state attorneys general will continue the fight to hold the Biden Administration accountable to the rule of law. https://t.co/rDluRkMaHP

— Mark Brnovich (@GeneralBrnovich) May 11, 2022

The Centers for Disease Control (CDC) said last month that the public health order that has been used to expel the majority of migrants at the southern border since March 2020 due to the COVID-19 outbreak would be lifted by the end of May.

Both Republicans and Democrats were concerned that this would result in more migrants being released into the United States’ interior, as well as encouraging more migrants to come to the border.

The Department of Homeland Security has acknowledged these concerns and stated that it expects a large surge in migration, with up to 18,000 migrants arriving every day.

In response, a lawsuit was launched by 21 Republican states, led by Arizona, Missouri, and Louisiana, alleging that the removal of the order violated the Administrative Procedures Act and would severely affect their states owing to increased migrant numbers.

While that case, which is seeking a preliminary injunction, is pending, the states have requested a temporary restraining order to prevent the Biden administration from moving away from Title 42 while the lawsuit is pending. Last month, a judge granted that order.

Due to a lack of space on deportation flights, Fox News previously reported that CBP had been processing migrants from the Northern Triangle countries of Guatemala, Honduras, and El Salvador through expedited removals, which allows migrants to be removed quickly unless they pass an initial asylum screening.

Judge Robert Summerhays of the Western District of Louisiana extended the order on Wednesday, stating it would be extended until either the preliminary injunction motion was decided or May 23, whichever comes first.