A federal judge issued a temporary restraining order prohibiting the Biden administration from releasing detained migrants without a court date.
Judge T. Kent Wetherell II halted for two weeks a Biden policy that would have paroled detained migrants.
Judge Blocks Biden Administration From Paroling Migrants
Attorney General of Florida Ashley Moody submitted the lawsuit on Thursday and demanded a response before Title 42 expired at midnight. Moody argued that the new policy was "identical" to one enjoined by the courts in March and would permit the rapid release of immigrants into the United States.
Shortly after midnight, Customs and Border Protection issued a statement declaring that it would comply with the court's order and that it was evaluating its next actions. Nevertheless, CBP expressed displeasure with the judge's decision.
The prohibition was granted by Wetherell just hours before Title 42 was scheduled to expire. His decision begins with a condemnation of the current border situation. Per Washington Examiner, legislators from the Republican Party lauded the decision but clarified that it was only a temporary solution.
The ruling came just hours before the Title 42 border restrictions expired on Thursday at 11:59 p.m. EDT, raising concerns about severe overcrowding in Border Patrol migrant facilities that were already at capacity. The latest order by Judge Wetherell will expire in 14 days to allow the Biden administration time to pursue an emergency stay of the ruling. Another hearing is scheduled for May 19 in this case.
In a filing opposing Florida's request, the Biden administration stated that the number of migrants detained by the Border Patrol could reach 45,000 by the end of the month if the expedited releases are halted.
Even though stations, processing centers, and tents only can detain several thousand individuals, the Border Patrol had nearly 25,000 migrants in its custody on Thursday. The ruling increases the likelihood that more migrants will become detained in perilously overcrowded Border Patrol custody due to a surge in migrant arrivals.
In the lead-up to the expiration of Title 42, daily migrant crossings along the US-Mexico border have reached record levels, with border officials apprehending approximately 10,000 migrants per day on average. Raul Ortiz of the Border Patrol told CBS News that an additional 60,000 migrants were waiting on the Mexican side of the frontier, attempting to enter the United States.
As part of an effort to reduce detention facility congestion, the memo at the heart of Thursday's ruling permits Border Patrol to expedite the release of certain migrants without providing them with court notices. Under the humanitarian parole authority, migrants determined not to threaten public safety or national security may be considered for this expedited release.
Those released under this policy, which has been implemented in the past during increases in migrant crossings, will be instructed to report at local US Immigration and Customs Enforcement offices to receive a court notice.
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Title 42 Expiration
Title 42, enacted for the first time during the Trump administration, allows for the expedited deportation of migrants during a public health emergency, in this case, the COVID-19 pandemic. However, the Biden administration lifted the public health emergency. Biden admitted earlier this week that the outcome would be disastrous.
Biden conceded earlier this week that the frontier would be "chaotic." When asked on Tuesday if the United States is prepared for the anticipated influx of migrants, President Biden stated that his administration is doing everything possible to prepare. The consequences of Wetherell's decision took time to apparent. The administration almost certainly would file an appeal.
In March, the Supreme Court was scheduled to hear arguments in another case challenging the termination of Title 42. However, after the administration's announcement that the emergency would be lifted, the court removed the case from its schedule, as per USA Today.
