Biden Attempt to Tank Title 42 Temporarily Blocked by Federal Judge

The Biden administration’s plan to rescind Title 42, an invaluable tool for border security, has been temporarily blocked by a federal judge in Louisiana.

Judge Robert Summerhays sided with at least 20 mostly GOP-led states who filed suit seeking the retention of the border policy. Title 42, enacted by the Trump Administration along with the Centers for Disease Control and Prevention early in the COVID-19 pandemic, allows Border Patrol to rapidly send migrants back across the border to protect public health.

It has been used more than 1.5 million times during the Biden administration. The details of the temporary restraining order have not been made public.

The White House announced the policy will end on May 23, prompting a harsh backlash among border states and several others. The action by Judge Summerhays is regarding a suit initially filed by Louisiana, Missouri and Arizona that has taken on several other states.

In a statement, Arizona Attorney Gen. Mark Brnovich chided the administration for its “flagrant disregard for existing laws” and lawful procedures. Texas, likely to bear the brunt of the expected influx of migrants if Title 42 goes away, filed a separate suit that has not been ruled on.

Many political observers believe the order is only a temporary delay in the lifting of Title 42. It is likely a relief for Democratic legislators to have the policy in legal limbo, even if for a short time, from pressure coming from both Republicans and Democrats, especially those in closely contested races.

Rep. Raul Grijalva (D-Ariz) categorizes Title 42 as part of Trump’s “anti-immigrant hate and fear agenda” that piggybacked on the pandemic to attack asylum seekers. Grijalva, a member of the Congressional Hispanic Caucus, blasts the policy as denying migrants their legal rights and says “it must end now.”

Estimates are for as many as 170,000 migrants waiting on the Mexican side of the border for Title 42 to disappear, and Border Patrol expects to be overwhelmed as soon as it is lifted — if it is lifted. From southwestern states and federal agencies to aid groups, the deluge is waiting on the other side, and it’s a crisis that will surprise exactly no one.