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.

The administration had been on track to end the policy on May 23, a decision that has come under intense criticism from Republicans and some vulnerable Democrats up for re-election this year.

The issue has stalled a $10 billion coronavirus relief package in the Senate, as Republicans have attempted to amend it to include a provision that would keep Title 42 in place. A handful of Democratic senators have said they oppose the administration’s decision, giving Republicans hope they would have enough votes to amend the bill if Senate Majority Leader Chuck Schumer (D., N.Y.) decided to bring the coronavirus bill up for a vote. With the policy blocked, it isn’t clear whether Republicans will continue to demand the vote.

In Eagle Pass, a small Texas border city southwest of San Antonio, the area has suddenly become a popular crossing spot, with hundreds of migrants taken into custody each day this week.

Yolanda Ramon, the city’s mayor pro tem, said this week that the use of Title 42 was the only thing keeping the region from seeing mass chaos.

“We don’t have the infrastructure, we don’t have the money to take care of these people,” Ms. Ramon said. “[Title 42] is all we have to hold on to.”

Under immigration law, anyone who steps foot on U.S. soil, no matter how they entered, has the right to ask for asylum. Because Title 42 is a public health law rather than an immigration law, the Trump and Biden administrations said using it bypassed their obligation to allow migrants to remain in the country and pursue an asylum case in the name of public health.

“If the administration doesn’t take immediate action to undo this injunction, it will say a lot about where the White House stands on ending Title 42,” said Lee Gelernt, deputy director of the American Civil Liberties Union Immigrants’ Rights Project and lead lawyer in separate Title 42 lawsuits filed in Washington. “Title 42 was never about public health, and the states are using this lawsuit simply to try and end asylum.”

The administration said it expected the end of Title 42 to prompt a further rise in border crossings and outlined a plan to cope with the increase. But as the date drew closer, several administration officials said they viewed the end of Title 42 as an opportunity to adopt a new border policy with more consequences—one they believe would eventually result in fewer migrants attempting to cross the border.

“We will be increasing the number of criminal prosecutions to meet the challenge, because the fact of the matter is there are more cases that warrant criminal prosecution than cases that are being brought,” Homeland Security Secretary Alejandro Mayorkas said on a visit to the border in South Texas on Tuesday.

In April, the administration had started deporting more Central American migrants under a process known as expedited removal, meaning technically it wasn’t using Title 42 to expel those people.

Deporting a single adult using Title 42 or expedited removal are, in practice, very similar processes. Under expedited removal, which is a normal immigration process, migrants are given a chance to request an initial asylum screening—most single adults fail it—before rapidly being deported. Once a person is deported, that deportation is recorded on the person’s record if he or she attempts to cross the border again, giving prosecutors a felony to prosecute if they so choose.

Title 42, by contrast, eliminated formal consequences, and as a result single adults have been attempting to cross the border numerous times in hopes of gaining entry to the country without detection.

Judge Summerhays’s earlier ruling blocked the administration from continuing the expedited practice.


LINK; https://www.wsj.com/articles/f...23?mod=hp_lead_pos11

quote:

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.

This chick is really clueless. CDC is an advisor group. They have no authority whatsoever to implement public health policy. They advise elected officials who in turn are supposed to evaluate that advice and act as appropriate.

Supreme Court ruled Trump's stay in Mexico remain intact until appeals work through.

To the best of my knowledge the Biden administration has ignored that ruling. Be interesting to see if they ignore this one also.

AWESOME! Those America Hating Leftists Traitors can Suck It!!!

This message has been edited. Last edited by: nhracecraft,

From 2021. Maybe Biden forgot what stay in Mexico means, or he just ignores court orders.

Biden must revive Trump-era Remain-in-Mexico program after Supreme Court ruling

https://www.cbsnews.com/news/s...-ruling-biden-trump/

The Supreme Court issued an order late Tuesday declining to stop the revival of a Trump-era border policy that requires asylum-seekers to wait in Mexico while their cases are reviewed by U.S. immigration judges.

The high court's conservative supermajority denied the Biden administration's emergency request to continue the suspension of a federal judge's order that requires U.S. border officials to reinstate the so-called "Remain-in-Mexico" program.

Since the current hold on the lower court judge's ruling expires at midnight on Tuesday, the Biden administration will be legally mandated to implement the Trump-era border rule on Wednesday.

Don't worry, Kamala is on the issue.

She's the border czar and is working on a plan, right? I mean she's never been to the border as the czar although she went to El Paso and called it a border visit, much like her house in Brentwood is next to the border too.

I wonder if Kamala ever prosecuted a case herself when she was the SF DA? At this point I would've paid to see it.

As for the case, it'll be interesting to see how aggressively Biden pushes the DOJ to get the appeal through the legal system. Leaving 42 in place will help keep the border problem down to a slightly duller roar, and he can tell his supporters that it's not his fault that the court ruled as it did.

Tom Homan (ex-CBP boss) on FOX tonight made the comment of the week. Homan - "What president would 'ever' appeal an order requiring the government to secure the US border and protect the American people." Biden is the worst president in the history of the US by a country mile.

The problem with the court orders for the remain in Mexico policy was that it was a joint agreement between the US and Mexican governments. Once the US pulled out of the agreement, reinstating it would mean renegotiation with Mexico. The court order doesn't mean shit to the Mexican government.

Now, the remain in Mexico agreement is back in effect, but its had its teeth knocked out. If anyone says they are afraid to go back to Mexico or says that they are homosexual or any number of reasons, the US government won't send them back. The reinstatement of remain in Mexico was designed to fail.

I've never understood the pro illegal immigration point of view? How can anyone be for this? It's like being pro self harm. If you want immigration, increase the legal immigration and build a wall, let's at least know who's coming here and hopefully select based on merit for those that aren't admitted under compassionate reasons.

How do illegal immigrants actually help the left? Why do the love them so much? I get that they get an extra House member or two in California from the illegals, but they don't vote besides that and wacko town council/school board stuff.

What is the purpose of purposely hurting your country? It makes no sense at all, is there an end game here?

If it's for votes they are playing a risky game. Almost all people I've met from Central America are religious and conservative. I'm not sure why historically Hispanics have voted for Democrats, but I find it hard to believe they will vote for the current iteration of the party.

Personally, I believe the invasion is more about homogenizing the population of the US from the globalist perspective. Look what happened in most European countries when “refugees” were forced on them by the EU who are clearly globalist. This is an attack on US nationalism which the left has labeled as a bad thing akin to nazism.

Globalist are absolutely giddy about that open border and hope to get as many feet through the portal as possible before the door gets shut. The voters in this country are absolute morons to have not demanded the border be closed decades ago. The country is already irreparably harmed and at some point it will no longer matter...we'll be Central America

They will find some asshole judge to overturn the ruling.

quote:

Originally posted by nosticks:
They will find some asshole judge to overturn the ruling.

Never fails. Someone always has to shit in the punch bowl.

No. Some other judge is not going to overturn this ruling.

It's comforting to know that someone is guarding the punch bowl.

quote:

Originally posted by Il Cattivo:
I wonder if Kamala ever prosecuted a case herself when she was the SF DA? At this point I would've paid to see it.

As for the case, it'll be interesting to see how aggressively Biden pushes the DOJ to get the appeal through the legal system. Leaving 42 in place will help keep the border problem down to a slightly duller roar, and he can tell his supporters that it's not his fault that the court ruled as it did.

I seem to recall reading news articles some time ago that among the first of her "achievement" was to intentionally send 4 innocent black men to prison.

quote:

Originally posted by Skins2881:
I've never understood the pro illegal immigration point of view? How can anyone be for this? It's like being pro self harm. If you want immigration, increase the legal immigration and build a wall, let's at least know who's coming here and hopefully select based on merit for those that aren't admitted under compassionate reasons.

How do illegal immigrants actually help the left? Why do the love them so much? I get that they get an extra House member or two in California from the illegals, but they don't vote besides that and wacko town council/school board stuff.

What is the purpose of purposely hurting your country? It makes no sense at all, is there an end game here?

I keep asking the question...Why do Leftist Democrats hate America, and hate Americans SO Much?

The reason democrats hate America so much is that none of them can truly call themselves Americans. They stand for everything we despise as a country